1)Agreement: Failure to comply with any or all of these terms may result in denial of requests for future use of University property.
2)Charges: Event Organizer (Organizer) agrees to pay as rental for the use of University property an amount based upon the current rental rate for the property specified and all other charges deemed appropriate, reasonable and necessary by the University and/or its Auxiliaries. (A list of estimated costs, by location and service, will be published annually.) These charges may include but are not limited to, costs for police security, insurance, event set -up and take-down, excess utility usage, custodial and maintenance work, etc. An estimate of charges will be provided to Organizer prior to final approval of the request.
3)Condition of Property: Organizer agrees to vacate the property at the time specified in the ERFU and to leave the property in the condition in which it was found before the Organizer's event.
4)Utilities: The University and/or Auxiliary agree to furnish all necessary utilities for the property, including heat, water, and also electricity except when such service cannot be supplied for causes beyond the control of the University and/or Auxiliary, and except when there is a failure or defect in the physical plant or utility lines whether or not such failure or defect is beyond the control of the University and/or Auxiliary if the failure or defect cannot reasonably be remedied in time for use during the term hereof. At no time will the University and/or Auxiliary be held liable for failure to provide utilities which are not currently installed or easily accessible to the property.
5)Use: Organizer shall only use the property for the event and activities stated on the ERFU. Organizer shall not violate nor suffer to be violated any federal or state law, local ordinance or rule or policy of the University and/or Auxiliary.
6)Right of Entry: Organizer understands and agrees that the University and/or Auxiliary and their agents shall have the right to enter said property or any part thereof at any time for the purpose of examination or supervision, or for the purpose of making repairs and alterations thereto as may be determined necessary by the University and/or Auxiliary.
7)Indemnification & Hold Harmless: ; Organizer agrees to indemnify and save harmless the University and/or Auxiliary, their officers, agents, employees, and duly authorized volunteers from and against any and all claims, damages, losses, and expenses including attorney fees arising out of the use by Organizer of said property caused in whole or in part by any negligent act or omission of the Organizer, any contractor or subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence or willful misconduct of the University and/or Auxiliary . Organizer also understands and agrees that the University and/or Auxiliary is hereby relieved of any liability if unable to meet the responsibilities of the ERFU because of any Act of God, riots, strikes, or any act or order of public authority. If such acts or conditions occur, the University and/or Auxiliary is not liable for damages which Organizer might suffer. Organizer also understands under such circumstances Organizer will be required to resubmit a new ERFU in order to reschedule the event.
8)Right of Assignment/Sublet: Organizer understands and agrees that this ERFU is not assignable by Organizer, in whole or in part, nor shall Organizer sublet any part of said property.
9)Termination: This agreement may be terminated by either party upon thirty (30) days written notice to the other party of this agreement. The University, as necessitated by its priorities, any act or order of public authority, and/or Trustees' injunction, may terminate this agreement without due notice.
10)Addresses for Notices: All notices herein required to be given, or which may be given by either party to the other, shall be deemed to have been fully given when made in writing and deposited in the United States Mail and postage prepaid, or inter-campus mail for University organizations, and addressed as herein provided. Notice to Organizer shall be addressed to them at the address shown on the ERFU. Notice to University shall be addressed to the Event Scheduler, CSU San Marcos, San Marcos, CA 92096-0001. Notice to the Auxiliary shall be addressed to the legal name of the Auxiliary, CSU San Marcos, CA 92096-0001.
11)Financial Responsibility. If for any reason Organizer or University and/or Auxiliary terminate this agreement at any time, Organizer is solely responsible for any expenses Organizer incurred arising from this ERFU and/or Organizer's planned event, either owed to University or another. At its discretion, University and/or Auxiliary may waive or reduce monies owed to University and/or Auxiliary by Organizer for any of the charges referred to in item 1. Pursuant to state regulatio ns, in no instance may University make a gift to Organizer of monies actually expended by University arising out of Organizer's request to use University property.
12 )Security. The University reserves the right, through its Chief of University Police, to determine what, if any, security measures are necessary for each event. All costs related to event security, including but not limited to police officer presence, are the responsibility of the Organizer.
13)Insurance. Organizer, at Organizer's own expense, may be required to furnish an endorsement, with a certificate of insurance, amending Organizer's general liability insurance to name "the State of California, the Trustees of The California State University, the Auxiliaries of California State University San Marcos, and each of their officers, agents, employees, and duly authorized volunteers" as additional insureds with respect to liability arising out of ownership, maintenance, or use of that part of said property provided for Organizer's use. In general, a combined single limit policy of not less than $1,000,000 of Commercial General Liability Insurance or other form with a general aggregate of not less than $2,000,000 is preferred. However, the University may, at its sole discretion, require increases to the coverage limits, require the purchase of Special Events Insurance, request proof of minimum State of California worker's compensation coverage, and/or appropriate and adequate auto insurance, or may otherwise adjust this requirement within reason based upon the event activities and attendees. The endorsement shall provide that the insurer will not cancel the insured's coverage without 15 days prior written notice to the University and/or Auxiliary .
By Organizer submitting to logon the Electronic Request For Use (ERFU), Organizer acknowledges and agrees:
a )that Organizer has read and understands these General Terms and Conditions of Electronic Request for Facilities Use; and
b)that Organizer is authorized to obligate the resources of the Organization/Organizer named on the ERFU; and
c)that if Organizer in anyway misrepresents their authority stated in b), that Organizer accepts personal liability for all of the above.