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FACILITIES USAGE AGREEMENT
THIS FACILITIES USAGE AGREEMENT is
made and entered into as of the date set forth by and between Valley Creek
Church of Christ, Texas, a Texas non-profit corporation (the “Church”), and
User.
RECITALS:
A. The Church owns and operates a church facility located at
B. User desires to
reserve from the Church the Facilities for the Reservation Term and solely for
the use described in the Church Facility Request for
Reservation form.
C. The Church is willing
to reserve the Facilities to User subject to the terms and conditions set forth
in this Facilities Usage Agreement.
NOW, THEREFORE, in
consideration of the mutual covenants set forth in this Agreement and other
good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Church and User agree as follows:
Section 1. Reservation of Facilities.
The Church agrees to permit User to use the Facilities on the dates and times
set forth in the Church Facility Request for Reservation during
the Reservation Term, subject to the terms and conditions set forth in
this Agreement. In the event User desires to change the Usage Date and
Time during the Usage Term, it must request such change in writing to the
Church. Such written request may be made via electronic mail. The
Church may approve or disapprove such change at its sole discretion for any
reason or for no reason. In the event the change is approved, as
evidenced by the Church’s signature on the written request from the User, all
other terms and provisions in this Agreement shall continue in full force and
effect.
Section 2. Payment of Fee.
User agrees to pay the User Fee for the Facilities in the amount set forth in
the Church Facility Request for Reservation.
User shall pay the total User Fee to the Church no later than ten days prior to
the initial Usage Date. In the event of multiple Usage Dates that extend
over a period of more than a single month, the User Fee shall be paid in
monthly installments, each of which are due on or before the first day of each
calendar month during the Usage Term.
Section 3. Reservation Fee and Security
Deposit. Upon the execution of this Agreement by User, User shall pay to
the Church a $50 nonrefundable reservation fee and a $200 security
deposit. The $50 reservation fee will be credited against the final
installment or installments of the Usage Fee. The Church may use the security
deposit to pay for cleaning of the Facilities or for damages to any Church
property damaged by User during the Usage Term. After paying for such
cleaning or repairs, the Church will return, within thirty days after the end
of the Usage Term, the remaining portion of the security deposit to User at
User’s address set forth in the Church Facility Request for
Reservation.
Section 4. Term of Agreement. The
term of this Agreement is the Usage Term set forth in the Church
Facility Request for Reservation. Either party may
terminate this Agreement prior to the end of the Usage Term with five days
written notice to the other party. Notwithstanding the foregoing, the
Church may terminate this Agreement immediately upon written notice to User in
the event of User’s violation, as determined in the Church’s sole discretion,
of any of the Rules for Usage set forth in Section 5 below, and/or for any
reason. If this Agreement is terminated prior to the end of the Usage
Term, the Church will refund to User any prepaid Usage Fee for which User has
not used the Facilities.
Section 5. Rules for Usage. The
following rules pertain to the User and all individuals participating in the
User’s events and activities on Church property and are conditions for any
usage or continued usage of the Facilities: (a) No profanity on Church
property; (b) No possession or consumption of alcoholic beverages, tobacco
products, or any illegal drug or substance on Church property; (c) No
destruction or damage of Church property, including, without limitation,
hanging any items on walls of the Church in such a manner that will leave holes
or marks on the walls; (d) No horseplay, rough-housing, skateboarding,
rollerblading, or similar activities on Church property; (e) No activities or
events other than the permitted uses set forth in the Church
Facility Request for Reservation as the Use of Facilities; and
(f) Modest dress, as defined by the Church, will be required.
Section 6. Condition of Facilities.
The Facilities are provided by the Church to User “AS IS” and WITHOUT
ANY WARRANTY OR REPRESENTATION WHATSOEVER. User agrees to return the
Facilities to the Church in substantially the same condition, normal wear and
tear excepted, as it was at the beginning of the Usage Term. User will be
responsible for all damages to any Church property caused by User or arising
from User’s use of the Facilities.
Section 7. Release of Liability.
USER HEREBY RELEASES THE CHURCH FROM ALL LIABILITY RELATING TO THE FACILITIES
OR ANY OF THE CHURCH PROPERTY, INCLUDING, BUT NOT LIMITED TO, LIABILITY FROM
THE CHURCH’S NEGLIGENCE, WHETHER CONTRIBUTORY, SOLE, OR JOINT, ARISING OUT OF
OR RELATED TO THIS AGREEMENT OR THE CHURCH’S PROVISION OF THE FACILITIES TO
USER.
Section 8. Indemnification.
User agrees to indemnify, defend, and hold harmless the Church, its officers,
employees, agents, members, and assigns from and against, and to pay the Church
upon demand the amount of, any suits, claims, complaints, damages, judgments,
penalties, fines, losses, costs, and expenses (including legal expenses and
court costs) of whatsoever kind and nature, imposed upon, incurred by, or
asserted against the Church in any way related to or arising from the
execution, enforcement, or performance of this Agreement or User’s use of the
Facilities. User’s duty to indemnify, defend, and hold harmless the
Church pursuant to this Section 8 includes, but is not limited to, claims
related to or arising from bodily injury or death or from damage to property
and the loss of use resulting from such damage, regardless of whether such
injury, death, or damage occurs to individuals or property owned by individuals
who are participants in User’s events and activities and regardless of whether
such injury, death, or damage was caused in whole or in part by any act or
omission of the Church. The provisions of this Section 8 shall survive the
expiration or earlier termination of this Agreement.
Section 9. Evidence of Insurance.
The Church may, at its discretion and as a condition to User’s use of the
Facilities, require User to provide evidence of public liability or other
appropriate insurance in an amount and issued by a carrier satisfactory to the
Church to cover any injuries, losses, or damages related to User’s use of the Facilities.
The Church may also, at its discretion, require User to add the Church as an
“additional insured” to User’s insurance policies prior to the commencement of
the Usage Term.
Section 10. Prohibition of
Assignment. User may not assign or transfer this Agreement,
either in whole or in part.
Section 11. Entire Agreement. This
Agreement represents the entire agreement between the parties with respect to
the Facilities. No representations, warranties, promises, guarantees,
undertakings, or agreements, oral or written, express or implied, have been
made by the Church with respect to the Facilities except as expressly stated
herein.
Section 12. Amendments. This
Agreement can only be changed by an agreement in writing signed by both the
Church and User, except that the Church may, by its own action, modify the
rules for usage set forth in Section 5 above at any time with five days prior
written notice.
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User: |
_________________________ |
______________________________ |
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Printed Name |
Signature |
Date |
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Church Representative: |
______________________________ |
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Signature |
Date |