USE AND INDEMNIFICATION AGREEMENT This Contract, with all applicable signatures, is for Contractor’s records. Ensure that Contractor brings the signed contract, in its entirety, every time Contractor is at Campus Facility identified herein. Thank you in advance for your continued cooperation. This Use and Indemnity Agreement (the “Agreement”) is made and entered into as of the day indicated herein, by and among North East Independent School District (the “District”) and the undersigned individual/Company/Contractor/Organization/Group (the “Contractor”). USE OF FACILITIES: The District hereby agrees that the Contractor may use the facility identified above (the Facilities”) on the date (s) and at the time (s) stated in the Agreement, solely for the purpose indicated in the Agreement. The Contractor has inspected the facility and confirms the pre-vent condition and suitability of purpose of the facility, and furthermore agrees to maintain the facility in the same pre-event condition during and at the conclusion of the booked event. CHARGES AND DEPOSIT: The charges for the Contractor’s use of the Facilities are set in the Agreement. Payment for the event is required upon execution of the agreement, or no later than 30 days once notified of approval for event. Failure to comply with the above request could result in the cancellation of an event without prior notice. A non-refundable deposit will be charged to each contract at 50% of the first hour reservation rate. A/V EQUIPMENT: All Audio and Visual equipment, including cables and adapters, are property of the district. The Contractor may request technology assistance for the full duration of the event at a rate of $25 per hour and must be paid prior to the event. The Contractor is encouraged to evaluate the room A/V specifications prior to the event during normal business hours. LIABILITY: The Contractor shall provide the required certificates of insurance to the District prior to the use of the Facilities. The required insurance shall be in amount not less than $1,000,000 (one million dollars) with respect to injuries to or death of persons and with respect to damage or destruction of property. The District must be named as an “additional insured” on the policy: the insurance company must be licensed to do business in Texas and have an A.M. Best rating of A: no cancellation, reduction in amount, or material change in coverage shall be effective until at least thirty (30) days after receipt by the District of written notice thereof, the policy provide that the insurer shall have no right of subrogation against the district: and the policy shall provide that any losses shall be payable notwithstanding any act or failure to act or negligence of the District or any other person. If the Contractor does not supply a certificate or proof of insurance, the Contractor is required to keep a credit card or Automated Clearing House (ACH) method on file during registration. This will be verified prior to the event and could result in cancellation without notice if a valid payment method is not on file. Any losses or negligent use of any District facilities and equipment will be adequately appraised and charged to the Contractor within thirty (30) days after the event. RELEASE AND INDEMNIFICATION: The Contractor agrees to indemnify, defend and hold harmless the District, it’s officers, agents and employees, from and against any and all liabilities, obligations, losses, penalties, actions, suits, claims, damages, expenses, disbursements (including legal fees and expenses) or costs of any kind and whatsoever during the performance of this Agreement, in any way relating to or arising out of (i) any act or omission of Contractor, its officers, directors, employees, agents and invitees; (ii) any occurrence which takes place in or about the space, or (ii) damage to the space during the dates of the event. Contractor shall further indemnify the District from all claims, demands or suits that may be brought against the District by any employee, representative or agent of Contractor, or their legal representatives or their successors, arising out of or incident to this Agreement, irrespective of whether such suits are brought about the negligence or fault of the District or anyone for whose acts the District may be liable. SIGNATORY: If the Contractor is an entity or Contractor, the individual executing this Agreement on behalf of the Contractor hereby personally represents (in his/her individual capacity) to the District that he/she has the power and authority to execute this Agreement shall be hiding upon and enforceable against the Contractor in accordance with its terms.
