PURPOSE: This policy governs the short-term lease or rental of institutional facilities for tournaments, contests, meetings, performances and other short-term events.
SCOPE: The policy applies to all University owned buildings and grounds, whether categorized as state or auxiliary facilities.
CATEGORIES OF USE: Valley City State University welcomes the appropriate use of the University's facilities by outside organizations when such use does not interfere with the University's primary educational mission. There are three categories of organizations which may request use of University facilities.
Category I Officially recognized University Groups and Organizations
- Student Organizations approved by the University
- Officially recognized staff and/or faculty organizations
Category II Non-Profit Organizations
- External groups supported by local, state, or federal government
- Civic or Charitable organizations
- Other Government Groups (such as Volunteer Fire Department, Search & Rescue)
Category III For-Profit Organizations
- For-Profit groups & Commercial Organizations
- Individuals using facility for purpose of making a profit
- Other groups not included in Categories I and II
APPROVAL OF USE: Category II and III organizations or individuals requesting use of University facilities must complete a Facilities Use Agreement. The use of University facilities is subject to the guidelines contained in this policy.
INSURANCE AND IDENTIFICATION:
In consideration for being allowed to use the facility, the Organization or individual agrees to assume all risk of and liability for and hereby indemnifies, saves and holds harmless the state of North Dakota and its agencies, officers and employees of, from and against any and all claims of nature including all costs, expenses and attorney's fees, which may in any manner arise out of, or result from the use of the facility.
The organization or individual represents that its activities, pursuant to this agreement, will be supervised by adequately trained personnel, and that the organization or individual will observe, and cause participants in the activity to observe all safety rules for the facility and the activity. The organization or individual acknowledges that the State has no duty to and will not provide supervision of the activity.
The organization or individual shall also secure and keep in force during the entire term of the use agreement, from an insurance company, government self-insurance pool or government self-retention fund authorized to do business in North Dakota, commercial general liability insurance covering any and all claims of any nature arising out of this agreement, naming the State as additional insured. The limits of the liability insurance coverage are at least $250,000 per person and at least $1,000,000 per occurrence. The endorsement to the policy will provide that the policy may not be canceled without 10 days' written notice to the State, shall contain a "Waiver of Subrogation" waiving any right of recovery the insurance company may have against the State and provide that any attorney who represents the State under this policy must first qualify as and be appointed by the North Dakota Attorney General as a Special Assistant Attorney General as required by N.D.C.C. Section 54-12-08. The organization or individual will deliver said certificate of insurance and endorsement to the University at least 10 days prior to use of the facility.
CONDITIONS OF USE
If approval for use is granted, the organization or individual utilizing campus facilities must abide by the following conditions.
- Identify an event supervisor and/or sponsor who will be responsible for the supervision of the group at all times; ensuring that the group remains in the designated area and being responsible for returning the facility to the same condition it was found prior to the event.
- Set-up, use and clean-up of facilities will occur in a quiet, orderly manner. Children must be under the direct supervision of a responsible adult at all times.
- Organizations using facilities in which a risk of harm is present, such as physical education facilities, must provide proof that its activities will be supervised by adequately trained personnel, and that the organization will observe, and cause the participants in that activity to observe, all safety rules for the facility and the activity.
- Accept responsibility for reimbursing the University for regular fees, damages, and/or additional charges for cleanup costs that might occur in the use of the scheduled activity.
- Event supervisor and/or sponsor will insure that all promotion and advertising of events involving the use of University facilities shall identify the individual or group sponsoring the event. All promotion and advertising of events, which involve posting on the University campus, require approval of the building manager.
- At the discretion of the University, security personnel may be required. The University may also require additional security to protect persons attending and/or participating, persons seeking to attend and/or participate, and to protect University property.
- Organizations must comply with local, state, and national laws, and University policies and regulations.
- The University is not responsible for any theft, accident, or injury that may occur at any event.
- No vehicles of any kind will be permitted on lawns, paved walks, ramps, or any areas not specifically designated for vehicles unless special permission is gained.
- University facilities may not be used in any manner to portray the University as endorsing a partisan, political, or religious position, or commercial product or services.
- The users of University facilities assume full responsibility for the acts of all persons associated with their event and will reimburse the University for any and all damages done to the facility or University property during the period of their contract.
- It is understood and agreed that users, their agents, employees, guests and patrons, are subject to all University traffic and parking regulations existing during the timeframe of their contract. Any arrangements for special parking permits must be made through the University's Facilities Services office.
- The University accepts no responsibility for personal property left on the University's premises.
LIMITATIONS ON USE OF UNIVERSITY FACILITIES
- The use of University facilities by off-campus groups shall not interfere with nor prevent the use of the facilities for regular instructional, administrative and/or service activities.
- VCSU is a tobacco free campus. Group supervisors are responsible for the enforcement of this policy.
- Dispensing, possession, and/or consumption of alcoholic beverages in any form will not be permitted on University property or at any University sponsored event without special permission. Any person under the influence of intoxicating beverages or illegal drugs shall be denied opportunity to participate in any manner.
- Illegal Drugs in any form will not be permitted on University property at any time.
- Anyone using facilities without proper authorization or in any unauthorized manner will not only be subject to rental fees and any appropriate damage charge, but may also be denied further use of University facilities.
- Violation of any part of campus policy and procedures or any other irresponsible conduct by members of the group will be grounds for the cancellation of the activity by either the sponsor of the group or a University official without waiving the costs incurred and due the University.
- Animals are not permitted on University grounds or in any University facility unless directly associated with class instruction, approved programs, or are serving as guide dogs for the visually or hearing impaired.
- The University's Food Service provider has the right of first refusal on all catering on University property. All food and beverage catering is to be coordinated through the University's Food Service provider.
- The University reserves the right to prohibit activities, including for-profit activities, which duplicate the University's teaching, service or research activities. The University may also refuse the use of its facilities where the proposed activity would require an unreasonable amount of University supervision or service, or where there is a question concerning the safety of the participants or of University property.
- Those using University facilities agree that they will not injure, mar, or in any way deface said premises and will not drive or permit to be driven, nails, hooks, tacks or screws into any part thereof and will not make or allow any alterations of any kind.
- Any and all public events must end by 12:30 AM, except by special permission.
FEE POLICY FOR FACILITIES
- Rental fees will be sufficient to cover the institution's expenses associated with the event and will be deposited in the fund associated with the support of the leased facility.
- Category II and III organizations or individuals using University facilities must compensate the University for the rental of space, where applicable, and for all expenses resulting from the activities. Total estimated charges will be determined and provided to the user prior to the date of the event(s). Actual charges will be made after the function, cleanup, and restoration of the area(s) to their original condition. Payment is due upon receipt of the invoice.
- A University representative will be named for all functions and may be required to be present. For special functions, the cost for a University representative will be included in the rental charge.
- Any audio/visual equipment provided by the University will be arranged through the appropriate building manager unless already included in the room occupied. A fee may be charged for use of university audio/visual equipment.
- Space rental rates and conference fees shall be reviewed annually and are subject to change as needed.
Sponsored by: Vice President for Business Affairs
Approved and Effective: February 2010