Spring Independent School District 16717 Ella Blvd. Houston, Texas 77090 Tel. 281.891.6000 FACILITY USE AND RENTAL AGREEMENT WHEREAS, the Board of Trustees of the Spring Independent School District ( District or Lessor ) has adopted rules and regulations concerning the use of District facilities, and WHEREAS, the person(s) or organization(s) named below, its agents, directors, employees, contractors/subcontractors, volunteers, and other assignees or representative individuals (hereafter collectively as Facility User or Lessee ) desiring to use District facilities will agree to abide by such rules and regulations, hereinafter set out and made a part of this written agreement; NOW, THEREFORE, an agreement is hereby made and entered into between the District and the Facility User, pursuant to the Texas Education Code 45.033: Name of Facility Use Group: Address: Contact Information: Contact Phone #: Legal Status/Tax ID No.: Use Details: Location Non-profit 501(c)(3) or Private Corporation NAME OF SCHOOL ADDRESS Facilities or areas [check all that apply] Event/Activity Name Estimated Number Attending s of use Program times BELOW FOR OFFICE USE ONLY Fee classification Cafeteria Playground Gym Practice sports fields Competition sports fields Bathrooms Other: Paying Group, Classification I or II Non-Paying Group, Classification I or II Rental Fees Facility Scoreboard Deposit Facility Scoreboard Custodial Services Police Services Operator of lighting/sound equipment Student Helper(s) Total Charges Page 1 of 5
I. Upon fulfilling all District requirements prior to use, the Facility User is granted use for the specified dates described herein during those days students are in regular school attendance, subject to mandatory school closures as directed by the District for any reason including weather related closures. This agreement does not reflect any endorsement or approval of the program or services provided. The District does not and will not participate in the creation, implementation, operation, or management of the program. The District s need for or use of its facilities to meet its priorities supersedes this agreement. The group may be asked to use alternate areas at the request of the principal so there is no conflict with school-sponsored activities or programs. II. This agreement may be terminated upon (1) mutual agreement and consent in writing by both parties; (2) by either party upon thirty (30) days written notice to the other party; or (3) by the District upon failure of the Facility User to fulfill obligations as set forth in this Agreement. The Facility User agrees to expressly and unequivocally agree to hold the District harmless from any and all claims and causes of action, including damages and attorneys fees of any kind or nature, resulting from such termination. This agreement will not automatically renew at the end of its term. III. The Facility User agrees to the following: 1. Conduct business in an orderly manner that is consistent and compliant with all laws and local board policies, that is congruent with the ethical standards of the District, and that enhance the purposes of the District. 2. Use the facility for the requested purpose only and at no time for the commission of any unlawful activity. 3. Provide all necessary personnel, supplies, and programming needs. The District shall not provide use of any District resources, including but not limited to personnel, technology, supplies, or other equipment unless it is pursuant to District policy and administrative regulations. 4. Adhere to all requirements outlined in District policy GKD(LEGAL), (LOCAL), (REGULATION), and (EXHIBIT), accessible online at http://pol.tasb.org/policy/code/598?filter=gkd and incorporated by reference. 5. At its own expense, maintain a commercial insurance policy in a minimum of one million dollars ($1,000,000.00) per occurrence that provides general liability insurance for personal injury, death or property damage arising out of the negligence of the Facility User. The District shall be named as an additional insured, and the organization shall provide the District proof of such insurance prior to the use of the facility. 6. Submit a roster of participating students to the campus principal prior to using the campus facilities. The roster must have the following information: student name, birth date, home address, and emergency contact phone numbers. 7. Not represent itself in any manner as endorsed or sponsored by Spring Independent School District, other than to specify the campus location(s) where activities will be held. 8. Communicate in writing to parents and obtain their written acknowledgement that they understand the Facility User is wholly responsible for the student and the District is not responsible for their child or anything that may happen to them. 9. Clean and clear all trash, including spills, water bottles and food items, from facilities after use or agree to pay any additional charges incurred for necessary clean-up required by District staff. 10. Exclude illegal substances, handguns, alcohol or tobacco products (including e-cigarettes or vaporizing devices), and other prohibited items from being brought onto District premises. Page 2 of 5
11. Follow and enforce all District rules regarding conduct and use of facilities, including but limited to the current academic year s Spring ISD Student-Parent Handbook and Student Code of Conduct. 12. Not transfer or assign this agreement to any other group. No groups are authorized to use facilities under the umbrella of another group. 13. To the fullest extent permitted by law, indemnify, defend and hold harmless the District, its agents, Trustees and employees from any and all damages, including property damage and/or personal injury (and any resulting or related claim, action, loss, liability, or reasonable expense, including attorney s fees and other fees and court and other costs) occurring on or arising out of activities occurring on any portion of the District s facility. 14. Be responsible and liable for any loss, damage, or destruction of property, equipment, or activity materials belonging to the Facility User, Spring ISD, or a third party, caused by the sole or joint negligence of the Facility User. 15. As applicable, certify in writing to the District that a criminal background check compliant with Texas Education Code, Chapter 22, Subchapter C has been conducted, prior to use of District facilities, on all Facility User persons having direct contact with District students and agree to follow all District rules and regulations regarding offenders. Criminal history information is confidential by law and not to be shared with the District. 16. Unless required by a judicial order or lawfully issued subpoena, the District may not disclose any student information protected by the Family Educational Rights and Privacy Act (FERPA) without written parental consent or any information considered confidential by the Texas Public Information Act. There are no implied warranties of merchantability, of fitness for a particular purpose, or of any kind arising out of this agreement, and there are no warranties that extend beyond those expressly stated in this agreement. IV. V. The foregoing constitutes the entire agreement between the Facility User and the District. The parties further agree that this Agreement constitutes the entire and exclusive agreement of the parties and supersedes all previous communications, representations or agreements, either oral or written, between them. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Modifications or amendments must be in writing. This Agreement is construed, interpreted, and governed by the laws of Texas. The parties consent to exclusive jurisdiction and venue of the courts of Harris County, Texas. VI. No party hereto waives or relinquishes any immunity or defense on behalf of itself, its trustees, its officers, employees, or agents as a result of the execution of this Agreement and the performance of the covenants contained herein. Nothing in this Agreement shall be deemed to create a partnership, agency, or joint venture relationship. VII. The parties have read this Agreement and agree to be bound by its terms. The Parties acknowledge that signatures obtained via e-mail scan or facsimile are sufficient to execute this Agreement. Page 3 of 5
AGREED TO FOR: By: Signature of Authorized Party BELOW FOR INTERNAL/OFFICE USE ONLY: SPRING INDEPENDENT SCHOOL DISTRICT: Dr. Rodney E. Watson Superintendent Dr. Lupita Hinojosa Chief Academic Officer Ann Westbrooks Chief Financial Officer Victor Mitchell Chief of Police APPROVED AS TO FORM: Julie Chen Allen General Counsel Page 4 of 5
BELOW FOR INTERNAL/OFFICE USE ONLY: Principal Signature Building Operator Scheduled by Operations Department Yes, Completed: Willie Amendola Athletic Director (If rental is a high school competition field/gym) Joseph Clark Performing and Visual Arts Director (If rental is a performing arts center) Page 5 of 5