Purpose:
The school district promotes community use of school facilities during the hours when school is not in session. The use of the facilities will follow the priority of: (1) school-sponsored activities; (2) community recreation, youth groups, and cultural activities; (3) other educational activities.
General public use requests must be shown to be: (1) of an educational nature; (2) likely to contribute to the physical, moral and ethical well being of the participants; (3) legally and culturally acceptable; and (4) open to all regardless of color, sex, creed or national origin.
Agreement:
A Facility Use Agreement through Facilitron must be signed by an authorized representative of the lessee using the school facility and a representative of the lessor, Bozeman School District No. 7. Such contract must be in a complete status when received by Lessor. No facility will be tentatively held for a potential lessee. Submittal and subsequent District approval of a Facility Use Agreement Contract through Facilitron is the only method to secure a venue. The Lessor, Bozeman School District No.7, reserves the right to cancel this Facility Use Agreement Contract in the event of an emergency, which requires that, the facility be available to the Lessor for its use at the same time as the scheduled event. If this occurs, the Lessor, Bozeman School District No. 7, will attempt to provide a Substitute facility to the Lessee.
Advertising:
Authorization for use of school facilities shall not be considered as endorsement of or approval of the activity group or organization nor for the purposes it represents. All uses will be by written contract. Any advertising or announcement by the user must include the following statement: "This program is sponsored by (name of user). Use of school district facilities does not constitute support of or endorsement by the Bozeman Public Schools." In a print advertisement or announcement, the disclaimer must be the same size as the font used to announce the location of the program. The remedy for failure to comply with this provision will be to immediately rescind the facility use contract.
Schedule of Needs:
Specific arrangements for schedules, times, personnel, equipment, and supplies shall be made using the Facilitron software no later than one month prior to the scheduled event. The Lessor assumes no obligation to meet any changes in requests and/or arrangement that have not been stated in the completed building use agreements.
Cost:
With each request, charges will be determined on the basis of established rental rates, projected personnel, equipment and supply costs. Actual personnel, equipment and supply costs will be charged and billed to the lessee after the scheduled event. Payment will be processed using a renters Facilitron account.
Cancellation:
In the event of necessary cancellation of the scheduled event, Facilitron shall be notified at least ten days in advance of the scheduled event. Failure to provide such advance notice will result in a non-cancellation fee.
Supervision:
The Lessee must provide sufficient supervision for crowd control, ticket sales, ushers, security of personal property and enforcement of the facility Rules and Regulations, and applicable state laws and local ordinances.
Personnel:
The stage technician and custodian must be on duty at all times while the Willson Auditorium is in use. The use of the stage and its equipment is a technical operation and the operation of the equipment shall be only by the stage technician. A custodian must be on duty at all times when all other facilities are in use. Use of school kitchens shall require the presence of the cafeteria manager or designated employee.
Facility Use and Group Contract:
At all times, orderly conduct shall be required of the lessee and the participants in the scheduled event, including the performers and the audience. If it is believed that a request for facility use will result in disorderly conduct or whose activities may be detrimental to the school or community, the request for facility use will be refused. The lessee and the participants shall confine themselves and their activities to be areas specified in the contract. The areas used shall be left in a clean and orderly condition. There is to be NO FOOD OR BEVERAGES ON THE STAGE OR IN THE SEATING AREA OF WILLSON AUDITORIUM. ALCOHOLIC BEVERAGES ARE NOT PERMITTED ON ANY SCHOOL PROPERTY AND PREMISES. THE USE OF TOBACCO PRODUCTS IS NOT PERMITTED ON SCHOOL PROPERTY.
By request of the Fire Department and concern for public safety, fire and/or open flame are not permitted on the stage or in the seating area of the Willson Auditorium. The Fire Department and Police Department have the authority to inspect the facilities at any time for the safety of the patrons.
Organization Liability:
The lessee shall be responsible for the repair and/or replacement of school equipment or property damaged beyond reasonable or normal expectation.
District Liability:
The school district shall not be held liable for accidents and/or injury suffered by individuals engaged in activities occurring within or upon the school facilities during the time the facilities are being rented. The school district assumes no liability for loss of property.
Indemnification:
As a condition for use of the facility, Lessee agrees to indemnify, save and hold harmless Bozeman School District No.7, its employees, representatives, and agents from any and all claims, liabilities, demands, lawsuits, allegations, judgments, and all forms including attorney fees and recoverable costs, (singularly or collectively 'claims') including claims for bodily, emotional, and personal injury, property damage or loss, brought or made against it, arising out of, relating to, caused by, or resulting from Lessee's use of the facility, including claims relating to, arising out of, or caused by the physical condition of the facility, whether or not the basis of the claim(s) was caused by or contributed to, in whole or in part, the negligence of Bozeman School District No.7, its employees, representatives, and agents.
Insurance:
As a condition for use of the facility, the Lessee shall procure Comprehensive General Liability (CGL) Insurance naming Bozeman School District No.7 as a Name Insured or Additional Insured having the same coverage and coverage limits as the "Named Insured". The CGL policy shall have bodily and personal injury coverage limits of no less the $1 million and property damage coverage limits of no less than $500,000. The CGL policy must include effective dates covering the time period Lessee has contracted to use the facility. At least 48 hours before Lessee commences use of the facility, it shall upload proof of its procurement of the CGL policy required by this provision directly to Facilitron, including an acknowledgement by the insurance carrier providing the CGL policy that if the CGL policy is cancelled for any reason prior to the effective dates identified in the policy, it will immediately notify, in writing, Bozeman School District No.7 of the cancellation.
Inspection:
The Lessee inspected the physical condition of the facility, is fully aware of the physical condition of facility, accepts the use of the facility in an "as is" condition, and agrees to comply with all terms and conditions of the Facility Use Agreement, including the "Indemnification provision, knowing the physical condition of the facility."
Termination:
Failure to comply with Title IX regulations of the Civil Rights Acts and any and all laws, rules and regulations, and ordinances of the State of Montana, City of Bozeman, and School District No.7 shall constitute good and sufficient cause for termination of the building use agreement and discontinuation of facility use.
