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TURANO-CHRISMAN PERFORMING ARTS THEATER

SITE USE AGREEMENT


1.  General Conditions:  This Agreement is entered into between______________________________
                                                                      (“School Facility”)
                                                                
and _________________________ for the use of _______________________________________
        (“User”)                                            (Rooms or Areas to be Used)


between _________________________ and______________________.  The above named User and   
                (Time and Date)         (Time and Date)

School Facility agree, in consideration of the promises and representations made by user in the Application, all of which are deemed material and made by the user intending the School Facility to rely on each one and intending to be legally bound, to the Terms and Conditions set forth below.  The School Facility does not guarantee the suitability of the facility or of the facilities contents for the uses intended by the User.  User agrees that in the event this Permit is canceled by User, or due to Users failure to meet Agreement requirements, refunds of any fees paid by User will be at the discretion of the School Administration.  Any change to this Site Use Agreement shall be made in writing at least five (5) business days prior to the date of the event and subject to approval by the School Facility.

2.  Lawful Use:  The use shall be conducted in compliance with all federal, state and municipal statutes, ordinances, rules and regulations including those with regard to discrimination.  School facilities shall not be used for any unlawful purpose and in addition to the safety rules and policies specific to the School Facility, which are attached hereto (if any), the User shall not:

(a)     Allow litter or debris and shall keep the premises clean at all times.

(b)     Allow use of alcohol, illegal drugs and tobacco which are prohibited on all school property at all times.

(c)     Allow guns on school property except for those in the possession of duly certified law enforcement personnel.

(d)     Use the facility without District provided security for the type of function we have planned.

(e)     Allow events involving animals unless they are described in detail in the Application for Use and in compliance with any limitations or restrictions written into the Agreement.  All animals must be leashed, penned, caged or otherwise properly contained, constrained or under supervision and control at all times.  In the event of ambiguity of language in the Application or Agreement, restrictions on use of animals shall be strictly construed against the User.

(f)     Allow open fires including candles, torches, and bonfires except pursuant to prior approval and permit by the school facility or other official having jurisdiction.

(g)     Allow building exits to be blocked for any reason.

(h)     Allow parking except in designated areas.

(i)     Fail to provide vehicle and pedestrian traffic management sufficient to insure safe and orderly movement of vehicles and people.

(j)     Allow design, placement or construction of booths, displays, viewing stands, platforms, theater sets, temporary stages or any other structures without adequate precautions for the safety of those building, using and disassembling such structures.

(k)     Allow non-fire resistant decorations cover more than 20 percent of the wall area with decorations.  Decorations shall never be placed within close proximity to incendiary sources.

(l)     Create tripping hazards unless tripping hazards are unavoidable due to the nature of the event.   Signage adequate to warn participants of obstacles must be provided.
(m)     Allow hazardous materials, including pyrotechnic devises, fireworks, explosives flammable material or liquids, poisonous materials or plants, strong acids or caustics onto the premises or to be used in any way while occupying the premises except with the approval prior to use by the fire marshal or other authority having jurisdiction.

(n)     Allow amusement rides or attractions, including but not limited to, trampolines of any type, enclosed or air supported structures of any type, climbing walls, climbing ropes, bow and arrow shooting activity or equipment or devises related thereto onto the premises or to be used in any way while occupying the premises except with the express permission of the school facility and on proof of insurance carried by the User written by a company acceptable to the New Mexico Public School Insurance Authority (“Authority”) of at least $1,000,000 per occurrence naming the school facility as an additional insured. All such activities shall be operated and overseen by experienced, trained persons and, if possible, they must be certified to do so.

(o)     Allow use of playground equipment unless at least one adult supervisor for every fifteen (15) children is in attendance.

(p)     Use the school facility without appropriate signage to inform participants of the safety rules.  A list of emergency agencies and phone numbers shall also be posted.

(q)     Allow access to areas not specified for use in the Site Use Agreement.

(r)     Allow access to any one to School Facilities without securing an Accident Waiver and Release or Liability Form.


3.  Notice of Accidents:  All users shall give written notice to the school facility of any accident resulting in bodily injury or property damage occurring on school facility premises or in any way connected with the use of the school facility premises within 24 hours of the accident.  The notice shall include details of the time, place and circumstances of the accident and the names, addresses and phone numbers of any persons witnessing the accident.        

4.  Damage to User's Property:  The School Facility assumes no liability or responsibility for any personal property of the User or of its employees, agents, representatives, guests, volunteers or invitees brought onto the premises during the term of this Agreement.  

5.   Parking and Security:  The School Facility may determine at its sole discretion whether the event requires additional parking arrangements or security staff.  If such a determination is made by the School Facility, the User must arrange for and be responsible for payment of personnel or the other arrangements necessary to provide those additional parking and/or security requirements. User must provide proof within five (5) days prior to the event that the arrangements have been made and that User has guaranteed payment to those providing those additional services.  During the event all motor vehicles of participants must be parked in accord with all posted and/or painted restrictions.

6.  Insurance:  General Liability insurance provided to the School Facility by the Authority shall be excess over any valid and collectible insurance carried by the User. General Liability insurance for the User provided to the School Facility by the Authority is limited to $1,000,000 per occurrence. The User must carry Workers Compensation insurance if mandated under New Mexico law and Automobile Liability insurance naming the School Facility and its School Board, Board of Trustees or Governing Body as Additional Insured's, with limits no less than $1,000,000 per occurrence for all motor vehicles owned or rented by User to be used in connection with the event.  User shall deliver Certificates of Insurance along with a copy of the Additional Insured endorsement to the School Facility no later than 48 hours in advance of the facility use or this Site Use Agreement shall be canceled.

7.   Use by Commercial Groups:  Commercial groups shall provide a copy of a current business license. Commercial groups shall inform participants in writing that the activity is not sponsored by the School Facility.

8.  Site Security: The User must assure that activity participants and/or guests/spectators only access those site areas designated for the activity.  The designated Event Contact Person shall verify that all the areas utilized were properly checked and secured upon departure from the School Facilities premises.

9. Fees:  The attached schedule sets forth fees to be paid for use of the School Facility.  In addition to the use fee, users may be required to reimburse the School Facility for special services such as setting up tables and chairs, use of school equipment such as projectors or video equipment or abnormal wear and tear on the premises, equipment and other school property.  All fees shall be made by check or money order and shall be made payable to the School Facility.  It is inappropriate to pay school employees directly for services in kind or in cash.  The fees are payable to the School Facility with the Application.  

10. Clean Up:  Users of school facilities shall provide prompt and thorough clean-up and removal or storage of all special structures within no more than 12 hours after the end of the event, but in no case later than the beginning of the next school day or if school is out no later than prior to use of the area by school personnel.  Users shall ensure that any furniture and equipment moved during the use of the facilities is replaced.

11. Non-Assignability:  This agreement may not be assigned to another party without prior written consent of the School Facility, which consent may be withheld by the School Facility at its sole and absolute discretion.

12. Choice of Law:  This agreement is to be governed and interpreted by the laws of State of New Mexico.

13. Entire Understanding:  This agreement contains the entire understanding of the parties.  There are no representations, covenants or warranties other than those expressly stated herein.  No waiver or modification of any of the terms shall be valid unless in writing and signed by both parties.

14. Statement of Information:  The undersigned, as a duly authorized representative of the User, states that to the best of his/her knowledge the School Facility, use of which is being applied for, will not be used for the commission of any crime or any act which is prohibited by law.  By my signature below, I acknowledge that I am authorized to sign on behalf of the User and bind the User to the terms of this Agreement.  I understand and agree to all terms, conditions and Rules in this Agreement.  

15.  Release:  User accepts School Facility's premises and adjoining areas as is and releases and discharges the School Facility, the Board of Trustees, School Board, or other Governing Body and each of their agents, employees and representatives from any and all liability, claims, judgments or demands, including reasonable attorneys fees and costs, which may arise from all injuries, deaths and damage to property arising directly or indirectly out of this Agreement including but not limited to Users use of the premises and the adjoining areas, including parking areas. Users, groups and their individual participants shall be required to give waivers of liability and releases for personal injury or property damage on the attached form. User understands that this Agreement can be canceled and the event terminated if the User fails to comply with the above terms and conditions or if the User has misrepresented the nature or extent of the proposed use in any material way.


User's Authorized Representatives Signature:____________________________        

Name of Representative:(Please Print)___________________________________

Title:______________________________


Approved By:_____________________________________________________
                        (Representative of School Facility)

Title:__Theater Manager______________

Fee for Use:________________________
(See Page 2 of this Agreement)

ACCIDENT WAIVER AND RELEASE OF LIABILITY FORM


Name of the Activity or Event: ___________________________________________________________

Date of Activity or Event:  _________________________________

I HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING AND /OR VOLUNTEERING IN THIS ACTIVITY OR EVENT, and waive, release and discharge the School Facility, the New Mexico Public School Insurance Authority and their directors, board members, officers, employees, volunteers, agents, representatives or assigns and the activity or event sponsors, from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may occur to me as a result of participation in the above named activity at the School Facility. I agree to indemnify, hold harmless, and promise not to sue the entities or persons mentioned above from any and all liabilities or claims made as a result of participation in this activity or event, whether caused by the negligence of those released or otherwise.

This accident waiver and release of liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.

I CERTIFY THAT I HAVE READ THIS DOCUMENT, AND I FULLY UNDERSTAND ITS CONTENT.  I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL.


______________________________________          _______________________________________
Print Participants Name / Age   Signature (if under 18 years old, Parent or Guardian must also sign)


PARENT / GUARDIAN WAIVER FOR MINORS (Under 18 years old)
The undersigned parent and natural guardian does hereby represent that he/she is, in fact, acting in such capacity, has consented to his/her child or wards participation in the activity or event, and has agreed individually and on behalf of the child or ward, to the terms of the accident waiver and release of liability set forth above.  The undersigned parent or guardian further agrees to save and hold harmless and indemnify each and all of the parties referred to above from all liability, loss, cost, claim, or damage whatsoever which may be imposed upon those parties because of any defect in or lack of such capacity to so act and release those parties on behalf of the minor and the parents or legal guardian.

______________________________________                  ____________________________
Print Participants Name/Age                                     Date

______________________________________
Signature of Parent or Guardian