This Facilities and Services Agreement is made and entered into between
Montreat College Montreat College, herein called “Institution” and the
organization represented by the person it has authorized to complete
this form, herein called Off-Campus Group (“OCG”).
1. THE EVENT
1.1. Term. This Agreement is for the use of the facility
selected above (“Facility). The period of use will begin at the time
and date specified above and end at the time and date specified above,
including OCG’s set-up and tear down.
1.2. Change Requests. It is acknowledged that it is necessary
from time to time for an OCG to alter its request for space and
services based on participant enrollments. Montreat College will accept
decreases in numbers of participants and the associated income
reductions until thirty (30) days prior to the schedule date(s) and will
reduce its final billing accordingly. Decreases made within thirty (30)
days of the scheduled date will result in no changes to the amount
which would have been billed had all participants attended. Increases
will be accommodated at the agreed pro-rata cost
if space is available
.
1.3. All facilities and services provided by Montreat College under the
terms of this agreement are provided on a fee basis. OCG acknowledges
that Montreat College is not sponsoring or endorsing the OCG program or
its contents.
1.4. Montreat College reserves the right to determine the minimum
Montreat College-provided services and facilities needs and
requirements for each event.
1.5. The OCG agrees that before, during, and after the event, all of
its attendees and guests are under the direct and complete supervision
of the OCG.
2. PAYMENT
2.1. In consideration for the below-mentioned facilities/services, the
OCG agrees to pay Montreat College the sum specified based in the rates
above for the room charge; and any additional agreed-upon amounts per
person for food service (based on a minimum of people if included in
the agreement).
2.2. All checks should be made payable to Montreat College and
submitted to Montreat College.
2.3. Facility Reservations Deposits. Every OCG shall be required
to make a deposit in the amount of fifty percent (50%) of the estimated
billing total as detailed in Section 2.1 in order to confirm its
reservation. Only those reservations for which deposits have been
received will be guaranteed. Facilities to be used by OCG will be
reserved on a first come first served basis.
2.4. Deposit Refunds. Reservation deposits may be refunded in
the event of cancellation by an OCG on the following basis:
2.4.1. When notice is received earlier than thirty (30) days prior to
the reserved date(s), fifty percent (50%) of the deposit will be
refunded.
2.4.2. When notice is received thirty (30) days or less prior to the
reserved date, no refund will be made.
2.4.3. Deposits of $50 or less will not be refunded.
2.5. Billing. Full Payment is due ten working days before the
day of the event. Any charges incurred above the written estimate of
costs will be billed iminvitely following the event, payable within
fifteen (15) calendar days.
3. SERVICES
3.1. Security
3.1.1. General Security – Montreat College maintains a
twenty-four (24) hours security department. Security and safety
procedures in place during the event shall be substantially the same as
are in effect during the academic year.
OCG accepts responsibility for determining if this level of
security is adequate for its event.
For all additional security / police required by OCG and provided by
the Institution, OCG shall be charged to OCG as a reimbursement item at
a separately negotiated rate, with a minimum four (4) hour charge. In
case of emergencies, Montreat College security personnel would respond,
and if necessary, coordinate with the Police Departments of Montreat,
N.C. or Black Mountain, N.C.
3.1.2. Special Traffic and Security Services – Security Officers
are not assigned to OCG’s events except by special arrangements made in
advance. When special services are required they will be billed at the
current hourly rate per assigned officer for the period of service
specified in the agreement.
3.2. Communication Services.
3.2.1. Telephone Calls for Program Information – Montreat
College will not accept calls for OCG program information. Such calls
will be referred to the OCG contact person except when the names and
telephone numbers of alternate contacts are specifically given.
3.2.2. Telephone Service – Montreat College will not provide any
telecommunication services to OCG.
3.2.3. Internet Service – If the institution provides access to
the Internet, wireless or hardwire to OCG, whether using
technology-based devices maintained by the institution and/or personal
technology-based devices, then, the OCG will need to adhere to the
institution’s Acceptable Use Policy (AUP). If the OCG cannot adhere to
the institution’s AUP, the privilege will be withdrawn and appropriate
sanctions, as outlined in the AUP, will be imposed.
3.2.3.1. The OCG shall not utilize the institution’s internet
connectivity for any financial transactions or online credit processing
devices.
3.3. Extra Services – Routine services include use of facilities
on an as is basis (for instance classrooms arranged in their normal
manner.) Facility and equipment set-ups and breakdowns varying from
these norms will be considered extra services and will be charged as
such for the time required to perform them. Tables and chairs required
for OCG registration will be furnished at no charge, however, when
requested at least ten working days prior to the event.
3.4. Audio-Visual Services – Furnishing of media equipment
(projectors, screens microphones and amplifying systems, etc.) is
considered extra service and is charged for as arranged with Montreat
College Audio-Visual Center at the time of formulation of the OCG
agreement.
3.5. Food Service – Board rates quoted are for normal
through-the-line (cafeteria style) food service in the Dining Hall.
Special Events, dining facilities, and picnics are considered extra and
must be arranged through the Food Service management and Montreat
College Conference Coordinator.
3.5.1. Meal tickets – If the OCG is to be billed for
participants’ meals, cards will be issued to the OCG coordinator to
distribute to the OCG participants
3.5.2. Lost Meal Tickets – It is the policy of Montreat College
to charge fees for lost cards or cards not returned at the conclusion
of the OCG program.
3.5.3. Missed Meals are not refundable.
3.6. Lost Keys – It is the policy of Montreat College to charge
a fee for each lost key or key not returned at the conclusion of an OCG
program. This represents actual cost of labor and parts for re-keying a
door. Keys returned after a person has departed campus will not be
credited.
3.7. Shipping –If you plan to ship items to Montreat
College, request a copy of the Shipping Instructions & General
Packing Information from Montreat College. Montreat College will not
accept packages earlier than two (2) weeks prior to OCG’s start date.
All shipped items are at the OCG’s risk, Montreat College is not
responsible for any damage to or missing items shipped by OCG.
4. PUBLICITY
4.1. OCG shall not use or make use of Montreat College’s name,
insignia, logo, picture, or any other material that might create the
impression of association, affiliation, sponsorship, partnership, or
any other joint venture, without the express written permission of
Montreat College.
4.2. Any publicity concerning the event may not refer to Montreat
College in such terms as “sponsored by,” “hosted by,” or “in
collaboration with,” or any other language which states or implies that
the event is a function or activity of Montreat College without the
written permission of Montreat College. All requests must be submitted
in writing at the time the facilities use agreement form is submitted
to Montreat College.
4.3. Montreat College reserves the right to review and approve the
content of any publicity material, whether printed or in electronic
media, prior to the dissemination of such material.
4.4. The OCG is prohibited from inviting media to campus without prior
written authorization by Montreat College. Media coverage of the OCG
Event(s) at Montreat College will be at Montreat College’s sole
discretion, consistent with policy for filming on campus and in
accordance with required releases and media relations procedures. In no
instance will the OCG invite or pitch media without the consent and
approval of Montreat College.
4.5. Signage During Event
4.5.1. All OCG on-campus signage must be approved by Montreat College
prior to display.
4.5.2. All OCG on-campus signage may only be posted in areas and
manner as determined by Montreat College Event Coordinator.
5. FACILITY RULES
5.1. Montreat College Regulations. OCG is required to adhere to
all Montreat College policies, regulations, guidelines, and all
applicable local, state and federal laws concerning health, safety and
public order. Montreat College regulations include but are not limited
to the following in Montreat College buildings and on Montreat College
property:
5.1.1. All individuals will abide by North Carolina law, federal law
and Montreat College regulations regarding intoxicants, narcotics,
alcohol and drugs.
5.1.2. It is Montreat College’s policy, in accordance with state
statutes that alcoholmay not be sold on Montreat College
premises except by written consent of Montreat College. If consent is
granted, OCG must obtain all required liquor sales permits. Montreat
College must inspect any permit prior to the sale or distribution of
alcoholic beverages by the OCG, its staff, employees or participants.
OCG may not furnish, directly or indirectly, alcohol to minors (your
state’s age of majority).
5.1.3. Firearms, weapons, ammunition, fireworks explosives and highly
flammable materials are not allowed within the residence halls or
buildings or on the grounds.
5.1.4. Except for service animals, animals are not allowed on the
campus. Ten days prior to the event, OCG must notify Montreat College
if a service animal will be on campus.
5.1.5. Candles, hot plates or similar appliances are not permitted in
rooms nor is any type of cooking allowed in any room except kitchen
areas.
5.1.6. Parking in any fire lane is not allowed.
5.1.7. Tampering with the fire system or firefighting equipment is
not allowed.
5.1.8. Removal of lounge or common area furniture into individual
rooms is not allowed.
5.1.9. Gambling or solicitation in any form is not permitted.
5.1.10. Smoking is not permitted in any building on campus.
5.1.11. The use of nails, staples, adhesives, and tape is prohibited
at all times.
5.1.12. OCG shall not run wires, move ceiling tiles, or hang any items
from the drop ceilings.
5.1.13. Parking motor homes, tent campers, and sleeping campers is
prohibited.
5.1.14. With regards to the public performance of a movie or film, OCG
shall be responsible for any licenses, royalties, and fines arising
from the violation of copyright laws.
5.1.15. Montreat College guidelines prohibit hazing and related
activities. Montreat College’s policy is available upon request. Hazing
activities involving OCG participants should be reported to Montreat
College as required in Section 7. Participants found responsible for
hazing may be asked to leave campus, even if the OCG event has not yet
concluded.
5.2. Events with Minors as Attendees.
5.2.1. Minors on Campus. A minor is considered a person that is
under the age of 18. Minors that are staying overnight are not
allowed to share rooms with unrelated adults or chaperones.
5.2.2. Compliance with Applicable Laws. OCG agrees to comply
with the federal Fair Credit Reporting Act and any applicable state or
local laws in obtaining any references and/or background checks
required under this contract.
5.2.3. No Assignment.OCG agrees that it will not
assign any employees, independent contractors or agents to the physical
premises of Montreat College who have not successfully completed a job
history check, reference check, and background check, as required by
this contract. OCG further agrees that it will immediately remove any
employees, independent contractors or agents who are performing services
at Montreat College and who have not successfully completed a job
history check, reference check, and a background check as required by
this policy. Upon such removal, OCG shall notify Montreat College of
the action but, in the interest of privacy, need not specify the
underlying conduct that gave rise to the removal.
5.2.4. Required Background Checks
5.2.4.1. Personal History Verifications. OCG agrees to verify
the references and job history of its employees, independent
contractors or agents who will be engaged in the Event at Montreat
College. Verification of references must include a request about the
individual’s suitability for employment.
5.2.4.2. Criminal History Background Check. OCG agrees to
certify that its employees, independent contractors or agents who will
be engaging in the Event at Montreat College who have successfully
passed a criminal background check. In order to successfully pass a
criminal background check, the OCG’s employee, independent contractor or
agent must not have a criminal history, which is defined as having no
history of criminal convictions. A social security number trace is
also required so that the identity of the employee, independent
contractor or agent can be verified.
5.2.5. Sexual Abuse Prevention Training. OCG agrees that its
employees, volunteers and agents who will be on campus shall have
successfully completed an appropriate sexual abuse prevention training
course.
5.2.6. Supervision. Any OCG having participants or participant
dependents under eighteen years old must provide adequate adult
supervision at all times during the OCG scheduled dates on campus.
Supervision shall meet or exceed the American Camp Association
guidelines.
5.2.6.1. This includes resident supervision of overnight guests in
Montreat College residence halls of not less than two (2) adult
supervisors for each residence hall floor in use, in whole or in part,
by the OCG.
5.2.6.2. The OCG shall provide one (1) adult representative to
remain on institution property at all times during the event.
5.2.6.3. OCG is not responsible for members of the OCG who leave
institution property during their contracted stay.
5.2.7. Parental Releases. OCG agrees that every minor child,
unaccompanied by a parent, shall have in her/his possession upon
arrival, a medical release for hospital treatment or treatment by a
physician, signed by one or both of the child’s parents, to allow for
treatment should injury or accident occur.
5.3. Emergencies
5.3.1. Evacuation Plan. If the event includes the use of the
residence halls the OCG must conduct a practice evacuation of occupied
areas to familiarize its participants with the procedures for
evacuating the building in the event of fire, tornado, etc.. This
practice evacuation must be conducted during the day of arrival.
5.3.2. Emergency Notification. Montreat College subscribes to an
emergency alert system service whereby certain individuals are notified
of critical campus emergencies by text message. Upon written request
provided to Montreat College by OCG, OCG may subscribe to the emergency
alert system service whereby Montreat College will notify only those
individuals specified in writing by OCG of critical campus emergencies.
Montreat College assumes no responsibility related to the use of the
emergency alert system, which is provided as a courtesy service and is
not intended to serve as a security system.
OCG acknowledges that, except as otherwise provided herein, OCG is
solely responsible for the safety and well-being of its attendees,
employees, volunteers, agents and contractors.
5.3.3. Transportation – The OCG is responsible for the
transportation of all OCG participants to and from the campus. The OCG
must provide a vehicle to take a participant to the hospital or
treatment center for non-emergency care or to take a sick, contagious or
misbehaving participant home in the event that a parent / guardian
cannot do so.
5.4. Use of Montreat College Facilities – The use of Montreat
College’s athletic facilities, Montreat College Center (student union),
and library, by overnight OCG participants is encouraged, free of
charge, with the following limits:
5.4.1. Use is limited to the normal operating hours of the facility.
5.4.2. Use is limited to individual OCG participants or informal
groups of participants (no normal scheduled activities).
5.4.3. Athletic Facilities –
5.4.3.1. OCG is responsible for the supervision of participants using
any athletic facilities during the rental period. In addition, OCG
agrees to be responsible and liable for the emergency response to
medical emergencies that might occur.
5.4.3.2. In the event the pool is used, the OCG shall contract
directly with the proper number of qualified lifeguards and pay the
lifeguards directly.
5.4.4. Library – Books may not be checked out of the library.
5.4.5. Group acknowledges construction and other upgrade projects may
occur during the OCG’s event and accepts that some noise and/or other
disruptions may take place and may affect various campus facilities
during this period. Group will be advised as early as possible of any
projects anticipated to interfere with Program.
5.5. Trash Removal. The following custodial requirements apply
if the use of the residence halls are included in this agreement:
5.5.1. OCG is responsible for emptying all trash containers into the
dumpsters located outside the rented facility.
5.5.2. A clean-up fee will be charged if OCG fails to leave the
facilities in broom-clean condition and empty all trash containers.
5.6. Grounds. If OCG plans to do any digging (e.g., tent
placement), OCG must first check placement of the sprinkler system and
the utility lines with Montreat College Facilities Department. Any
damage will be OCG’s responsibility.
5.7. Third-Party Equipment. OCG must obtain Montreat College’s
written permission prior to bringing any furnishings or equipment on
campus.
5.8. Parking and Traffic. All Montreat College speed limits and
parking regulations must be followed by all OCG participants.
5.9. Parking Permits. – All OCG overnight guests are required to
have a temporary parking permit. There are no exceptions to this rule.
5.9.1. The OCG’s coordinator is responsible for issuing permits
and credits to individual participants. Montreat College will not deal
directly with any individual participants.
5.9.2. Montreat College will provide to the OCG’s coordinator
parking permits for issuance to participants with vehicles at a
separately negotiated rate. These permits allow on campus parking for a
period of up to seven (7) calendar days.
5.9.3. Permits for periods exceeding seven (7) days and up to a
month are at a separately negotiated rate.
5.9.4. For periods exceeding a month permits are at a separately
negotiated rate.
5.9.5. At the conclusion of the conference registration, unissued
permits must be returned for credit to the campus Conference Office for
credit to the OCG’s account.
5.10. Reserved Parking. There is no reserved parking for OCG’s
participants or staff.
5.11. Campus Access / Egress. Entrances to the campus may be
locked every evening. Access and egress arrangements should be made in
advance.
5.12. Actions of Participants. The OCG is responsible for the
behavior of its participants.
5.13. Sound Policy. Montreat College may set a separately
negotiated quiet hours policy. No outdoor amplification systems are
allowed without prior Institution approval. Amplification in the
residence halls is allowed only if the doors and windows remain closed
and the volume level is kept at a respectable level.
6. Montreat College’s RIGHTS
6.1. Montreat College may exercise the following rights:
6.1.1. Montreat College retains the right to require OCG, or any of
its participants, to leave Montreat College premises if Montreat
College feels that circumstances require it.
6.1.2. To revoke the campus privilege, including residency in or
utilization of any of its buildings, of any occupant whose conduct,
solely in Montreat College’s opinion, becomes injurious to the academic
community.
6.1.3. To enter any room for the purpose of inspection, repair, or
emergency.
6.1.4. To reassign residents within a residence hall, after timely
notification, in order to accomplish necessary repairs and renovation
to the building.
6.1.5. Montreat College reserves the rights to amend its rules and
regulations at any time as deemed necessary when it is in Montreat
College’s best interest.
7. NOTICE
7.1. OCG agrees to provide timely notice to Montreat College of any
occurrence of personal injury, including but not limited to hazing,
death, or property loss, damage or destruction arising from the conduct
of the event, and agrees to make reasonable efforts to mitigate same.
Montreat College agrees to provide OCG with reasonable time to correct
any violations.
8. WAIVER OF LIABILITY
8.1. The Institution, including its governing board, trustees,
directors, officers, employees, and any Participants, agents or
volunteers acting at Institution’s direction (collectively referred to
as “Releasees”) shall not be liable or responsible in any way for, and
OCG hereby waives all claims against Montreat College with respect to
or arising out of or related to, any death, injury or illness including
any death, injury or illness related to infectious diseases or emerging
infectious diseases identified by the CDC or otherwise, that may be
suffered or sustained by OCG or any employee, invitee, guest, or agent
of OCG or any other person as a result of any OCG’s actions or
inactions, directly or indirectly, or any loss or damage or injury to
or theft or loss of any property belonging to OCG or any employee,
invitee, guest, or agent of OCG on Montreat College property including
but not limited to any property placed by OCG in or about Montreat
College buildings, properties or facilities. The provisions of this
paragraph shall survive the termination of this Agreement with respect
to any damage, injury, illness, or death occurring prior to such
termination of this Agreement.
8.2. Events Involving Scheduled Physical Activity.
8.2.1. OCG shall require all participants and supervisors to sign an
assumption and acknowledgement of risk form that includes a detailed
description of the event’s risks and potential injuries.
8.2.2. OCG shall require all participants and supervisors to sign a
waiver form waiving all claims against Montreat College with respect to
or arising out of, any death or any injury that may be suffered or
sustained by the participant or supervisor as the result of any OCG’s
actions or inactions, directly or indirectly, or any loss or damage or
injury to or theft or loss of any property belonging to participant or
supervisor on Montreat College property including but not limited to any
property placed by participant or supervisor in or about Montreat
College buildings, properties or facilities.
9. INDEMNIFICATION
9.1. Each party (“Indemnifying Party”) agrees, to the fullest extent
permitted by law, to indemnify, defend and hold the other party
(“Indemnified Party”) and its, trustees, directors, officers,
employees, agents, affiliates, members, and permitted assigns
(“Indemnified Party Indemnitees”) harmless, without duplication, from
and against any and all losses, injuries, claims, demands, liabilities,
obligations, suits, penalties, forfeitures, costs or expenses of every
type or kind, including reasonable attorneys’ fees actually incurred,
disbursements and costs of investigation which are imposed upon,
incurred by or asserted against the Indemnified Party Indemnitees
arising out of or relating to any of the obligations undertaken in
connection with this Agreement, including but not limited to:
(i) the breach of this Agreement by Indemnifying Party;
including, without limitation, any representation, warranty, covenant
or agreement made hereunder;
(ii) the negligent act or omission or intentional misconduct
of Indemnifying Party or any officer, employee, agent or volunteer
under the control or supervision of Indemnifying Party; or
(iii) the violation of any applicable laws, regulations or
rules by Indemnifying Party or any officer, employee, agent or
volunteer under the control or supervision of Indemnifying Party.
However, nothing in this Paragraph 9.1 shall require the Indemnifying
Party to indemnify the Indemnified Party or any Indemnified Party
Indemnitees against any claim or liability which results from any
grossly negligent or willful act or omission on the part of such
Indemnified Party or its employees, agents or volunteers. The
Indemnified Party shall not settle any claim which is the subject of the
foregoing indemnification without the prior written consent of the
Indemnifying Party, which consent will not be unreasonably withheld or
delayed.
9.2. OCG is solely responsible for any and all costs or expenses
incurred in connection with obtaining a job history, personal
references, or criminal background check on its employees, independent
contractors or agents.
9.3. If OCG is subject to Section 8.2 and its subsections and fails to
satisfy the requirements of Section 8.2 and its subsections, OCG agrees
to indemnify and hold harmless Montreat College and its trustees,
directors, officers, agents, volunteers and employees against any and
all claims, lawsuits, settlements, judgments, costs, penalties and
expenses, including actual attorneys’ fees, in whole or in part
resulting from, arising from, or in any way connected with the acts,
errors or omissions for any damage to any property or injury, illness,
or death of any person occurring in, on, or about Montreat College
property, or any part thereof. This section, 9.3, supersedes Section
9.1.
9.4. If OCG is a governmental body, the OCG agrees to indemnify
Montreat College for the full amount of any claim Montreat College must
contribute toward the settlement amount due to the amount of the claim
exceeding the state statutory liability limit for governmental
entities.
9.5. If OCG requires its participants to sign a hold harmless and / or
an indemnification agreement, such agreement shall release Montreat
College in the same manner as OCG.
9.6. The provisions of this Section 9 shall survive the termination of
this Agreement with respect to any damage, injury, illness, or death
occurring prior to such termination of this Agreement.
10. INSURANCE
10.1. OCG shall provide a certificate of insurance for the coverages
listed in the paragraphs below no less than thirty (30) days before the
first date appearing on the conference contract.
10.1.1. The certificate shall be an original; fax and photocopies
are not acceptable.
10.1.2. The certificate shall be issued to Montreat College [INSERT
LEGAL NAME OF Montreat College].
10.1.3. Montreat College should appear as an additional insured on
all policies of insurance except for the insurance required in
paragraph 10.1.7.3.
10.1.4. The certificate of insurance shall also indicate that there
is no applicable cross suits liability exclusion (allows an insured to
sue another insured).
10.1.5. OCG and its insurers agree to waive their right of
subrogation against Montreat College for any general liability, auto
liability, or worker’s compensation claims made against OCG’s policies.
10.1.6. All such insurance should not include any restrictions of
governmental immunities built into the insurance coverage and policies.
10.1.7. Limits of Insurance –
10.1.7.1. OCG shall provide evidence of General Liability insurance
or Tenants OCGs Liability Insurance (TULIP or Special Events) of an
amount of not less than $1 million per occurrence. If the use of
facilities includes physical activities, such as sports camps, the
General Liability limit should be $2 million per occurrence with no
athletics activities exclusion. If Montreat College’s pool is used, the
General Liability per occurrence limit should be $3 million with no
athletics activities exclusion.
10.1.7.2. OCG shall provide evidence of Owned, Non-owned and Hired
Auto Liability insurance of an amount of not less than $1 million per
occurrence.
10.1.7.3. Any OCG with OCG employees on campus shall provide
evidence of statutory Workers Compensation insurance and $100,000 of
Employers Liability insurance.
10.1.7.4. Any OCG with minors on campus shall provide evidence of
Sexual Misconduct / Abuse Liability insurance of an amount of not less
than $1 million per occurrence. Coverage endorsed onto the General
Liability policy is acceptable.
10.1.7.5. Any OCG serving liquor on campus in accordance to Section
5.1.2. shall provide evidence of Liquor Liability insurance of an
amount of not less than $ 2 million per occurrence / $ 2 million in the
aggregate. Coverage endorsed onto the General Liability policy is
acceptable.
10.1.7.6. Any OCG providing Athletic Trainers on campus shall
provide evidence of Medical Professional Liability insurance of an
amount of not less than $ 2 million per occurrence / $ 2 million in the
aggregate. Coverage endorsed onto the General Liability policy is
acceptable.
10.1.7.7. Any OCG deemed to be high public profile or controversial
shall provide evidence of Active Shooter insurance in the amount of not
less than $3 million per occurrence. Coverage shall include deadly
weapon attack including bomb.
10.1.8. If OCG is a wedding or family reunion only the insurance
required in paragraphs 10.1.7.1 and 10.1.7.5 are required.
10.1.9. All vendors/service providers hired by the OCG must be
preapproved by Montreat College and provide evidence of insurance as
required by Montreat College.
10.1.10. All insurance policies shall be primary and non-contributory.
NOTE: OCGs unable to provide proper evidence of the required insurances
can be directed to
https://securespecialeventinsurance.com/EIIA
to purchase a TULIP policy through the EIIA Special Events program.
11. AMERICANS WITH DISABILITIES ACT
11.1. Montreat College represents that, with the exception of its
older facilities where grandfather clauses might apply, it is in
compliance with the applicable sections of the Americans with
Disabilities Act (hereinafter “ADA”). As much as is possible within the
limits of older facilities where grandfather clauses apply, the
facilities and services will be appropriately accessible to persons with
disabilities. Montreat College agrees to hold harmless the OCG, its
officers, directors, employees, and agents from and against any claims
resulting from Montreat College’s failure to comply with ADA standards
for access to its premises and services
11.2. OCG agrees that it shall comply with all applicable
requirements of the ADA in assuring the availability of auxiliary aids
and services required by its own employees and attendees of the event.
OCG shall be solely responsible for the cost of any such auxiliary aids
and services. OCG agrees to hold harmless Montreat College, its
officers, directors, employees, and agents from and against any claims
resulting from OCG’s failure to comply with ADA standards for access to
its program and services.
11.3. It is the responsibility of OCG to include the following
passage in all literature and registration material:
“Individuals needing special assistance (ADA, allergies, etc.) should
notify OCG.”
OCG must advise Montreat College of any and all requests for special
assistance at least ten (10) working days prior to the onset of the
event.
11.4. The terms of indemnification of Section 11 shall supersede
Section 9.
12. NON-DISCRIMINATION
12.1. Both parties agree to comply with applicable federal and state
laws regarding nondiscrimination and equal employment opportunities and
all regulations promulgated hereunder. Both parties agree not to
discriminate on any basis forbidden by applicable federal and state
laws.
13. TERMINATION
13.1. If, through any cause, OCG fails to fulfill in a timely and
proper manner any of OCG’s obligations under this agreement, Montreat
College has the unilateral right to terminate this agreement and not
permit OCG to utilize Montreat College’s premises or services for the
reasons described above by giving written notice to OCG of such
termination. In the event of such cancellation, the contract is null
and void and Montreat College shall be discharged from any obligations
to OCG. Vendor agrees to hold Montreat College harmless for any
cancellation of this contract in the event of a cancellation under this
section.
13.2. If Montreat College cancels this agreement under the terms of
Section 13.1, OCG is obligated to immediately pay the full amount of
this contract to Montreat College.
13.3. Force Majeure – In the event that Montreat College
buildings, property or facilities shall be destroyed or substantially
damaged by fire or other casualty, or in the event other circumstances
render the fulfillment of this agreement impractical or impossible, OCG
shall be obligated to pay the fees herein above stipulated only for
those services, activities and events which shall have occurred prior
to said casualty or circumstances. OCG hereby waives any claim for
damages or compensation resulting from fire, casualty, or other
circumstances causing curtailment of this agreement.
14. ENTIRE AGREEMENT
14.1. This Agreement contains all the terms and conditions agreed
upon by the parties hereto regarding the subject matter of this
Agreement.
14.2. Any prior agreements, promises, negotiations or
representations, either oral or written, relating to the subject matter
of this Agreement not expressly set forth in this Agreement are of no
force or effect.
14.3. No changes, amendments, or alterations shall be effective
unless agreed to in writing by both parties.
14.4. Notice to or consent of OCG Participants is not required to
effect any modifications to this Agreement.
14.5. In the event of a discrepancy between the terms and conditions
contained in this Facilities and Services Agreement and the Reservation
Confirmation form or any other document, the terms and conditions of
this Facilities and Services Agreement shall prevail except unless
specifically noted and agreed to by both parties in the other document.
15. INVALIDITY OR NON-ENFORCEABILITY
15.1. The invalidity or non-enforceability of any terms or
provisions hereof shall in no way affect the validity or enforceability
of any other term or provision.
16. DISPUTE RESOLUTION
16.1. In the event of litigation arising out of or relating to
enforcing any rights arising out of or relating to this agreement, the
non-prevailing party shall reimburse the prevailing party for all
reasonable attorneys fees and court costs.
17.1. This Agreement shall be interpreted in accordance with the laws of
the State of North Carolina. Unless waived by both parties, venue for any
action to enforce or interpret the provisions of this Agreement shall be in
Buncombe County, North Carolina.
