31 Belvidere Avenue Washington, NJ 07882 (908) 835-1300 office@habitatnwnj.org

COMMUNITY CENTER FACILITY USE AGREEMENT

No assignment of this Agreement shall be made without the written consent of HFHNWNJ and GUEST, in consideration of the mutual covenants contained herein, who hereby agree as follows;

SECTION 1. FACILITY USE. Application for use of HFHNWNJ’s facility, which includes interior and exterior properties, shall be made in writing on the Facility Use Request Form furnished by HFHNWNJ. The HFHNWNJ Facility Use Request Form should be initiated at least two (2) weeks, but not more than six (6) months prior to the date(s) requested. HFHNWNJ reserves the right to deny any application for use of its facility without cause or explanation.

SECTION 2. INSURANCE. Depending on the nature of the event, HFHNWNJ, in its sole discretion, may require its property be listed as an additional insured on the Lessee’s minimum $1,000,000 general liability insurance policy. The certificate holder information is as follows: Habitat for Humanity Northwest New Jersey, 31 Belvidere Ave. Washington NJ 07882

SECTION 3. INDEMNIFICATION.  HFHNWNJ does not assume any liability or responsibility for the care, safety or preservation of any tools, machinery, equipment, materials or supplies used by GUEST and/or GUEST vendor and all risks thereof are assumed by the GUEST. The GUEST agrees to defend, indemnify and hold HFHNWNJ harmless from and against any and all claims, actions, damages, liabilities, and expenses (including attorney fees) in connection with loss of life, personal injury or damage to property arising from or out of any occurrence in, upon or at the Facility, or the occupancy or use by GUEST of the Facility or any part thereof, or occasioned wholly or in part by any act or omission of the GUEST, its agents, contractors, employees, licensees or invitees".

SECTION 4. USE OF BUILDING & GROUNDS. HFHNWNJ desires to make its facility available for community use during regular business hours as well as those evening and weekend hours that generally do not extend beyond 8 p.m. Generally, after-hours use may be dependent upon HFHNWNJ being able to provide on-site staffing, which may not be available for any given request. Additionally, HFHNWNJ functions will generally have priority over community use.

When GUEST has received approval to use HFHNWNJ facilities, HFHNWNJ will make reasonable effort not to interfere with that use. Nevertheless, there are rare occasions when HFHNWNJ events must supersede approved community use. HFHNWNJ will make reasonable efforts to accommodate GUEST’s event or will refund the rental fee paid, if any. HFHNWNJ Executive Director (or HFHNWNJ Designee in case of absence) is the final decision-maker on the question of HFHNWNJ’s superseding use.

In order to provide ample opportunity for a variety of organizations to use the facility, HFHNWNJ  may ask groups with standing meetings to adjust their scheduled date(s) to accommodate other facility use requests.

By signing this Agreement, the GUEST agrees that HFHNWNJ’s Chief Executive Officer’s or designee decision is final and that refund of the rental fee, if any, is the only recompense available to the GUEST. GUEST also agrees and acknowledges that no event setup or activity shall be started by the GUEST until a fully executed Agreement is signed and GUEST is issued a final copy of the Agreement by HFHNWNJ. The GUEST agrees to keep HFHNWNJ informed as to the progress of the event(s) and to faithfully provide advance notice of any changes in the event schedule.

HFHNWNJ meeting spaces are available for rent primarily to non-profit organizations and civic or community groups. Exceptions may be made at HFHNWNJ’s sole discretion. HFHNWNJ spaces will not be rented to any organization deemed to be controversial, politically partisan or in conflict with the mission of Habitat for Humanity Northwest New Jersey or Habitat for Humanity International. The Chief Executive Officer (or HFHNWNJ Designee in case of absence) is the final decision-maker on the question of an organization’s rental status.

The following are in full effect for any and all GUESTS and PARTIES involved. Please note, failure to comply with the facility use rules may result in cancellation of the agreement and/or immediate termination of the event and/or future use of any Habitat meeting spaces.

1.Open flames (candles, lanterns, luminaries, grills, etc are prohibited. 2.Fundraising activities are prohibited unless pre-approved by HFHNWNJ Chief Executive Officer(or HFHNWNJ Designee in case of absence 3.Alcohol on the premises IS NOT permitted. 4.Food and beverages are not allowed unless approved in advance by HFHNWNJ. When food and any beverages are permitted by HFHNWNJ, the GUEST will be responsible for any and all costs associated with said items as well as any and all cleanup or egregious damage, up to and/or including replacement of flooring, furniture or equipment resulting in the spillage and/or disposal of said items. 5.Signs or other advertising are prohibited unless pre-approved by HFHNWNJ at least one week prior to the event. GUEST is required to insure any and all related outdoor signs to comply with all applicable Washington Borough sign codes. 6.HFHNWNJ is not responsible for advertising any agreed upon use of the facility. 7.Tobacco and/or e-cigars or e-cigarettes are prohibited in all indoor areas and within 20 feet of all entry ways into the building. 8.Profane language, boisterous conduct, gambling, as well as the possession and/or use of illegal drugs, weapons and alcohol of any kind are prohibited on HFHNWNJ property. 9.Minors of all ages must be supervised by a responsible adult at all times. 10.GUEST will provide, solely at the GUEST’s expense, proper police protection and/or security where necessary. 11.GUEST will leave chairs, tables and other equipment in the same position and condition in which they were found. 12.HFHNWNJ will not provide use of facility equipment such as refrigerators, microwaves or coffee makers for guests. 13.Any serving trays, coffee, or other items brought onto the premises by the GUEST or GUEST vendor must be removed at the end of the event. 14.GUEST must supply their own consumables such as copies of print materials, drinking cups, coffee, food, napkins, paper towels, flipcharts, and markers.

15.GUEST is responsible for all cleanup. If there are excessive amounts of trash, it must be bagged and placed in the designated location(s) 16.GUEST must leave all audio-visual equipment properly organized and in good working condition.

SECTION 5. EVENT INSPECTION AND GENERAL SAFETY REQUIREMENTS. GUEST use of any or all aspects of the HFHNWNJ center does not imply exclusivity of the facility use. HFHNWNJ  reserves the right to enter and/or inspect any activity in progress under this Agreement up to and including the removal of any materials that would violate HFHNWNJ’s tax-exempt status and/or constitute an illegal or inappropriate activity/ material furnished and in use by the GUEST or GUEST vendor(s).

Additionally, GUEST agrees to use and maintain the facility in a manner that does not cause harm to activity attendees or other persons, and/or damage to HFHNWNJ equipment and any or all HFHNWNJ property. GUESTs are expected to obey safety rules and to exercise caution in all facility use activities as well as report any unsafe conditions to HFHNWNJ representatives. It is the responsibility of signer to see that their group is evacuated and accounted for in the case of an emergency. HFHNWNJ does not keep a sign-in sheet for your groups.

SECTION 6. HFHNWNJ NOT RESPONSIBLE FOR GUEST ITEMS. As you use the Habitat Community Center and store items related to your event or activity on the premises, please be aware that the Center is not responsible for any items that maybe lost, missing, or damaged.  By signing below, you acknowled that you understand and accept this policy regarding items used for your events or activities. 

SECTION 7. DAMAGE AND RESPONSIBILTY CLAUSE.The GUEST agrees to be financially responsible for any and all damage, loss, or breakage to the Facility, including but not limited to equipment, furnishings, or any property belonging to the Facility, caused in whole or in part by the GUEST, its agents, contractors, employees, licensees or invitees.

 

IN WITNESS WHEREOF, the parties hereto have executed this Agreement for the event described in the following HFHNWNJ Facility Use Request Form found on page four of this agreement by their duly authorized officers or representatives: