Sample Facility Use Agreement

(Note: Be sure to customize your agreement by adding your customary terms and by picking and choosing from the risk management options below based on your ability to administer each.)

1. Parties

This Facility User Agreement (“Agreement”) is made between [Insert Facility Owner / Operator Name] (“Owner”) and [Insert User Organization Name] (“User”).

2. Purpose and Term

Owner grants User a limited right to use [Insert Facility Name/Location] for [Insert Purpose/Event Description] on the following dates and times: [Insert Dates/Times].

3. Fees and Deposits

User agrees to pay the Owner a facility use fee of [Insert Amount] and a refundable security deposit of [Insert Amount]. All payments must be received before access to the facility is granted.

4. Cancellation

Either party may cancel this Agreement by providing written notice at least [Insert Number] days before the scheduled use. Owner reserves the right to cancel the Agreement immediately due to unsafe conditions, facility damage, inclement weather, or failure by User to comply with this Agreement.

5. Insurance Requirements

User agrees to provide a currently dated certificate of insurance (COI) evidencing General Liability insurance with the following limits: $1,000,000 each occurrence, $2,000,000 general aggregate, $1,000,000 product/completed operations aggregate, $1,000,000 personal/advertising injury, and $300,000 damage to premises rented to you. Such policy shall name the Owner as an additional insured.

In addition, if the User’s activities are sports or recreation-related, General Liability coverage must include $1,000,000 participant legal liability, or in the alternative, the policy must not include an athletic participant or similar exclusion.

User will not be permitted to conduct the event until the certificate is submitted to and approved by Owner. The COI is due 60 days prior to the scheduled event.

If the User’s activities are sports or recreation-related, the COI must evidence Excess Accident insurance with a medical limit of at least $25,000.

If the use includes the invitation of outside organizations (ex, visiting teams) for athletic competitions, and if the User’s insurance does not cover these outside organizations for both General Liability and Excess Accident per the required specifications, the User agrees to require such outside organizations to provide currently dated certificates of insurance to Owner which meets the required specifications outlined in this section.

Note: You can refer your facility users to sadlersports.com for instant online quote/pay/issue of certificates of insurance to meet your insurance requirements.

6. Indemnification

To the extent allowed by law, and in consideration of facility usage, User agrees to hold harmless and indemnify Owner, its directors, officers, employees, volunteers, independent contractors, agents, representatives, and assigns against any and all third-party claims, including reasonable attorney’s fees and defense costs resulting from claims of bodily injury, property damage, personal injury, advertising injury, infringement of intellectual property, breach of contract, and any and all other claims arising from rental or usage of sports facilities.

7. Waiver and Release

User shall require all parents or guardians of minor participants and all adult participants to sign a waiver and release agreement prior to participation in any activity conducted under this Agreement. The waiver and release shall include  Owner and its directors, officers, employees, agents, and volunteers as released parties.

The specific entity name of Owner does not need to appear in the waiver and release so long as the document clearly refers to the facility owner in generic terms.

This requirement also applies to any outside organizations invited by the User to participate in activities or events at the facility. User is responsible for collecting and maintaining signed copies of these waivers and for providing them to  Owner upon request.

8. User Responsibilities

  1. Inspection of Facility: User acknowledges that it has inspected the facility, finds it suitable for its intended use, and agrees to report any unsafe or damaged conditions to Owner immediately.
  2. Compliance With Law: User must adhere to all applicable federal, state, and local laws as regards running criminal background checks on all adult staff with access to youth; Safe Sport Act which requires educational awareness training on child abuse, written policies and procedures to help to prevent an incident, and a requirement to notify law enforcement in the event of a suspicion; concussion educational training for coaches and staff, information handouts to coaches and parents, and written policies and procedures for identification, removal, medical treatment, and return to play protocols; and sudden cardiac arrest training for staff and coaches, handouts for staff and parents, and response policies and procedures.
  3. Safety Compliance: User must adhere to all safety standards, playing rules, and risk management requirements of its governing body or sanctioning organization.
  4. Supervision: The User is responsible for providing qualified supervisors, coaches, and staff during the event to ensure participant and spectator safety.
  5. Conduct of Staff, Coaches, and Guests: User is responsible for the conduct of all staff, coaches, players, officials, spectators, and guests associated with its activities. All individuals must display appropriate behavior and good sportsmanship at all times while on the premises. User shall ensure that no person engages in abusive language, harassment, threats, physical altercations, or any conduct that disrupts the safety or enjoyment of others using the facility. The owner reserves the right to remove or deny access to any individual who violates these expectations or whose behavior is deemed unsafe or inappropriate. User shall promptly cooperate with the Owner in addressing any disciplinary or behavioral matters that arise during the period of use.

9. Automated External Defibrillator (AED)

An Automated External Defibrillator (AED) is located on the premises at [Insert Specific Location, e.g., “the main lobby near the concession stand”]. User agrees to ensure that designated event staff are aware of its location and are familiar with basic AED use procedures in the event of a cardiac emergency.

10. Emergency Action Plan (EAP)

In the event of a medical or safety emergency, User shall call 911 immediately. Owner designates [Insert Specific Location, e.g., “the north parking lot adjacent to Field 2”] as the primary access point for emergency vehicles and ambulances. User shall ensure that this area remains clear and accessible at all times during facility use.

11. Facility Condition and Damage

User shall leave the facility in the same condition as received. User is responsible for any damage to the premises, equipment, or surrounding property caused by participants, staff, or spectators. Repair or cleaning costs may be deducted from the security deposit or billed directly to the User.

12. Termination

Owner may terminate this Agreement immediately for violation of its terms, unsafe behavior, failure to provide required insurance, or other conduct deemed inconsistent with safe facility operations.

13. Assignment

User shall not assign, transfer, or sublease any rights or obligations under this Agreement without the prior written consent of Owner. Any unauthorized assignment shall be void.

14. Inspection of Premises

Owner reserves the right to enter and inspect the premises at any time during User’s occupancy to ensure compliance with this Agreement and facility policies.

15. Entire Agreement

This Agreement represents the entire understanding between Owner and User and supersedes all prior discussions or representations. Any amendment or modification must be in writing and signed by both parties.

16. Controlling Law

This Agreement shall be governed by and construed in accordance with the laws of the State of [Insert State].

17. Notification of Contact

User shall identify a designated on-site representative who will serve as the primary contact for coordination and communication during the event.

User Representative Name: ___________________________
Email: ___________________________
Cell Phone: ___________________________

18. Signatures

Facility Owner

Name: ___________________________
Title: ____________________________
Signature: ________________________
Date: ____________________________

User Organization

Name: ___________________________
Title: ____________________________
Signature: ________________________
Date: ____________________________
DISCLAIMER: THIS SAMPLE FACILITY USE AGREEMENT IS MEANT TO PROVIDE GENERAL RISK MANAGEMENT INFORMATION TO REDUCE LIABILITY RISK FOR FACILITY OWNERS. IT MAY CONTAIN INCORRECT INFORMATION OR MAY OMIT CRITICAL INFORMATION. NO LEGAL ADVICE IS BEING PROVIDED. AN ATTORNEY IN YOUR STATE SHOULD BE CONSULTED FOR THE DRAFTING OF YOUR AGREEMENT. SADLER INSURANCE, DIV. OF SPECIALTY PROGRAM GROUP, LLC (SADLER INSURANCE) AND RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES DISCLAIM ANY AND ALL LIABILITY RESULTING FROM DISSEMINATION OF THIS SAMPLE AGREEMENT. THE USER AGREES TO INDEMNIFY AND HOLD HARMLESS SADLER INSURANCE FOR ALL THIRD PARTY LIABILITY.