FACILITY USE AGREEMENT RIDER A
POLICIES, PROCEDURES, RULES AND REGULATIONS
CLIENT is required to adhere to all Harford Community College and APGFCU Arena policies, procedures, rules, and regulations outlined in this Rider, and all local, state and federal laws, concerning health, safety and public order. Client must adhere to all fire and safety codes and regulations. Only those facilities specified for use in the Letter of Agreement shall be used and for only the purpose outlined.
CANCELLATION:
If the CLIENT cancels at any time after the date of the signed Letter of Agreement, the deposit of twenty-five percent (25%) of the estimated Grand Total for the event will be due to or retained by the COLLEGE. If the event is cancelled by the COLLEGE due to Acts of God or unforeseen circumstances including, but not be limited to; fire, hurricane, or any other occurrence beyond the reasonable control of COLLEGE that, in COLLEGE’s sole discretion, a significant safety risk to any person or property, a reasonable effort will be made to reschedule the CLIENT’s event within a six (6) months from the date of the cancellation on a date acceptable to both parties. If no date is available, the COLLEGE will refund One Hundred Percent (100%) of the deposit. Notification by the CLIENT of cancellation of his/her/its event(s) through the public media, including any expenses resulting from such notification, shall be the sole responsibility of the CLIENT.
SMOKE AND TOBACCO-FREE CAMPUS:
Harford Community College is a smoke-free and tobacco-free environment. The use of any type of tobacco product, smoking device or equipment, or any item that simulates smoking is prohibited in all buildings and areas of the campus, including parking lots, and off-campus sites supervised by the COLLEGE. Please notify your guests of this policy. Violators are subject to a $75 fine and/or disciplinary action.
INDEMNIFICATION:
The CLIENT and COLLEGE agree to indemnify, defend and hold harmless the other and its officers, shareholders, employees, directors, agents, and subcontractors, from and against any and all liabilities, damages, costs, losses, and claims, (including reasonable attorneys’ fees), based upon or arising out of activities associated with the referenced Letter of Agreement, to the extent that such claims are caused by, or connected with, the negligent acts or omissions of the CLIENT or COLLEGE.
LIMITATION OF LIABILITY:
COLLEGE assumes no liability and shall not be liable to CLIENT for any mechanical or electrical failure, natural disaster, riot, bomb threat, disturbance or other circumstance or development of whatever kind that prevents, disrupts, or frustrates the CLIENT’s use of APGFCU Arena, it being expressly understood that CLIENT assumes the risk of any such failure, disturbance or development. COLLEGE shall not be liable for any loss, damage, or injury with respect to any property of any kind shipped or otherwise delivered to the COLLEGE in connection with CLIENT’s permitted use of APGFCU Arena, and will act solely for the accommodation of the CLIENT, its employees, suppliers and contractors in the receipt, handling, care or custody of such property.
RESTRICTIONS ON FACILITY USE:
CLIENT: i) shall not conduct or permit any activities in violation of federal, state or local laws in or about APGFCU Arena, and will take all appropriate action to enforce this provision; ii) shall comply, at CLIENT’s sole expense, with all of COLLEGE’s rules and regulations and with all statutes and ordinances relating to public assembly facilities, public events and performances, and CLIENT’s use of APGFCU Arena, including, but not limited to, those statutes and ordinances imposing taxes and license fees; and iii) shall not block or obstruct, or permit any blockage or destruction of any exits, passageways, corridors, fire alarms, or any life safety equipment in APGFCU Arena, nor lock, bolt, obstruct any exit or permit any exit to remain locked, bolted or obstructed during any public attendance in or about APGFCU Arena; and iv) shall not sponsor or permit any dangerous, lewd or indecent activities, exhibits, portrayals or performances in APGFCU Arena. CLIENT shall not bring or allow to be brought, onto or about the APGFCU Arena, any substance, material, equipment or device which is deemed by COLLEGE, in its sole discretion, to be likely to endanger life, cause bodily injury, be hazardous in any way, or violate any local, state, or federal laws. COLLEGE retains the right to order any such material removed from the APGFCU Arena by CLIENT, at CLIENT’s sole expense.
Balloons, rice, confetti, glitter and bird seed are not permitted inside or immediately outside the facility. No candles or open flame will be permitted. No pyrotechnics of any sort is allowed. Audio levels for the space will also be under the direct control of the COLLEGE. At no time shall the sound volume level exceed 96 decibels in any area of the venue.
The COLLEGE’s prior written consent is required before CLIENT may:
(i) conduct any collections or solicitations for funds, whether for charity or otherwise;
(ii) make or permit the making of motion pictures, videotapes, recordings, or radio and television broadcasts;
(iii) use of machines producing bubble or snow inside the facility
(iv) use of machines producing fog inside the facility
(v) place or permit the placement of any advertising, directional, informational or other signs or material on adjacent public or HCC roadways or grounds (including the Thomas Run Park);
(vi) alter, disassemble or remove any item or fixture of COLLEGE in APGFCU Arena or nail, screw, tape or affix anything to the premises except at those places and locations expressly provided therefor.
CONDITIONS OF USE:
This Agreement is in the nature of a limited license to use COLLEGE’s property and no real property rights are granted to CLIENT apart from the limited right to use APGFCU Arena for the period identified in the Letter of Agreement. In the event of any breach by CLIENT of any term hereof or any duty arising hereunder, or if COLLEGE has reasonable cause to believe that the holding of such activities may seriously endanger the public peace and safety, or is contrary to COLLEGE’s published policies, COLLEGE may, without prejudice to other rights and/or remedies, and without liability of any kind to CLIENT, refuse to permit CLIENT access to and occupy the named premises, cancel all activities of CLIENT in progress or scheduled in or about APGFCU Arena and oust CLIENT, its performers, exhibitors, employees, and contractors from APGFCU Arena. COLLEGE further reserves the right, without any liability on the part of COLLEGE to the CLIENT, to eject any unruly, disruptive or objectionable person from the COLLEGE premises or to refuse admission to any such person. COLLEGE reserves the right to make and enforce all necessary or appropriate rules for the safe and efficient use of the named premises.
RESPONSIBILITY OF PATRONS:
CLIENT hereby assumes full responsibility for the character, acts and conduct of all persons admitted to the named premises, by the consent of CLIENT, or by or with the consent of CLIENT’s employees or any person acting for or on behalf of the CLIENT.
NO DEFACEMENT OF PREMISES:
CLIENT shall not injure, mar or in any manner deface the named premises and shall not cause nor permit anything to be done whereby the named premises shall be in any manner damaged, marred, or defaced. CLIENT shall not make, nor allow to be made, any alteration of any kind in the named premises. If the named premises or any portion thereof, during the term of this Agreement, is damaged by the act, failure to act, default, or negligence of CLIENT or of the CLIENT’s agents, employees, patrons or any person or persons admitted to the named premises by the CLIENT, the CLIENT will pay to COLLEGE, upon demand, such sum as shall be necessary to restore the named premises to its original condition.
CLIENT’S PROPERTY ON PREMISES:
COLLEGE assumes no responsibility whatsoever for any property placed in or upon the named premises. CLIENT hereby indemnifies COLLEGE and holds COLLEGE harmless from and against any and all liability, loss, cost, injury or damage to any person or property that may be sustained by reason of the occupancy of the named premises or any part thereof by CLIENT. All watchmen, security guards, personnel, or other protective service desired to be used by CLIENT with respect to its property on premises must be done by prior arrangement through a separate prior written agreement with COLLEGE.
CONTROL OF PREMISES:
COLLEGE does not relinquish the right to control the management and operation of the APGFCU Arena and the COLLEGE or any of its agents, employees or representatives may enter the APGFCU Arena at any time and on any occasion for any purpose. COLLEGE reserves the right to enter the named premises at any time without any restrictions whatsoever, it being expressly understood that the facilities and the adjacent grounds will be subject to the charge and control of COLLEGE at all times.
SECURITY:
COLLEGE reserves the right to require, at CLIENT’s expense, proper police, security, fire and/or medical attendants and equipment in order to provide for the safety and security of persons visiting the APGFCU Arena and to comply with and enforce all federal, state and local laws and COLLEGE’s rules, regulations and policies. All police coverage must be arranged and provided by COLLEGE’s Department Public Safety at CLIENT’s sole cost unless otherwise approved in advance, in writing, by the COLLEGE. COLLEGE determines the need for security force to maintain order and protect persons or property in the named premises based on the planned activities and number of anticipated spectators.
ALCOHOL:
Harford Community College holds a beer and wine license with a finite number of event day uses annually. Uses of the license are at the sole discretion of the COLLEGE. Alcohol cannot be sold under another license holder or One-Day Special Event Licenses on COLLEGE property. Individuals are not permitted to bring alcoholic beverages onto or carry from the COLLEGE premises. Alcohol cannot be sold at a student sporting event or an event that is sponsored by students. Usage fees may apply. Once approved, arrangements are coordinated and billed through the COLLEGE’s Dining Services department.
NO OFF-SITE FOOD ALLOWED:
COLLEGE restricts all off-site food and drink from entering the named premises. This includes, but is not limited to, food brought in by event patrons, hospitality and catering needs for employees, artists, contractors, and volunteers during load-in and load-out periods, as well as the event’s duration, and concessions. All food and drink needs must be provided through the COLLEGE’s Dining Services Department. In rare occasions, COLLEGE Dining Services may, with prior written approval, allow a buy-out option in which the COLLEGE grants an outside caterer on the named premises. The buy-out amount is determined by the COLLEGE’s Dining Services. In these instances, the caterer’s business license and insurance certificate naming the COLLEGE as additionally insured must be provided to the COLLEGE in advance of the event. Violations of off-site food on named premises without prior approval will be charged a buy-out fee, determined by the COLLEGE, and added to the CLIENT’s final invoice.
- CATERING: “Catering” shall mean any food service for which a guarantee in number of meals or persons to be served has been made at an established price per person or meal, whereby the catering firm agrees to provide these catering services in such a manner as to serve sufficient quantities of food and beverage, and to meet its obligation established by the guarantee as previously described. Catering services include, but are not limited to, public speaker catering, sit down meals, box lunches, or any other food or beverages not defined as a part of the concession operations. CLIENT is responsible for arranging catering through the COLLEGE’s Dining Services Department and most often will be billed separately from the APGFCU Arena charges for services provided.
- CONCESSIONS: COLLEGE reserves the right to provide and sell refreshments, concessions, conduct age verification of attendees, and similar items and services in connection with any event or performance conducted or presented in APGFCU Arena. Proceeds of such concessions are collected and maintained by the COLLEGE’s Dining Services Department.
POURING RIGHTS:
At the time of the execution of this Agreement, Coca-Cola Refreshments USA, Inc., by agreement with the COLLEGE, holds an exclusive sponsorship with COLLEGE and therefore only Coca-Cola products may be served and/or sold in the APGFCU Arena and on campus.
EVENT TRASH:
If the event in the APGFCU Arena projects that the event may produce excessive amounts of trash or out of the ordinary type of trash, the CLIENT will be responsible for removing their event trash with them at the time of load-out or arrange and pay for a dumpster for the event trash. Dumpster arrangements must be approved in advance with the COLLEGE.
STAFFING AND LABOR RULES:
The COLLEGE reserves the right to evaluate the event and adjust the number of staff needed on-site as necessary. The COLLEGE staff will work with CLIENT to determine and finalize acceptable production schedules. If the work day extends past midnight or beyond eight hours, additional labor charges may apply. Break times will be factored into the production schedule and upheld. Breaks may be staggered so long as labor rules (if applicable) are followed. Once a crew call has been established, CLIENT may not alter the schedule within two weeks of the event without prior approval from the COLLEGE.
DELIVERIES/LOADING/UNLOADING:
COLLEGE will not be responsible for accepting deliveries for the CLIENT without advanced notice and approval. If approval is granted, the CLIENT must inform the COLLEGE of any items that are to be pre-shipped to 401 Thomas Run Road, Bel Air, MD 21015, prior to shipping. Shipped items must be clearly marked on the outside with APGFCU Arena, the event name, and date of the event. THE UNIVERSITY assumes no responsibility for items pre-shipped to the venue. All major loading and unloading for APGFCU Arena is to take place in the loading dock area. After loading and unloading, all vehicles must park in lined parking spaces. No loading or unloading should be done through the main entrance doors of the Arena.
HEAVY EQUIPMENT:
CLIENT is responsible to inform COLLEGE of any heavy equipment that will be placed on the APGFCU Arena floor. Heavy is defined as equal to or greater than 500 lbs/square foot. If equipment meets or exceeds this definition, a layer of wood paneling is required under the equipment at all times. If informed ahead of time and placement of equipment is known, the COLLEGE will be responsible for laying the wood to protect the floor. However, if the COLLEGE is not made aware in advance of the event, or determination by the COLLEGE is made that the wood is required at the time of the CLIENT loading in, then the CLIENT will be responsible for laying the wood to protect the Arena floor.
PARKING:
Patrons will not be charged for the right to park on premises for this event. The CLIENT may not charge for parking. The COLLEGE makes no guarantee that adequate parking will be available for all patrons. Patrons must park in designated lined spaces. Patrons must display a DMV-issued handicap placard or handicap tag(s) when parking in designated accessible parking spaces. A convenient drop-off/pick-up area is located at the main entrance of the APGFCU Arena. Additionally, with advanced notice, special arrangements can be made for drop-off/pick up of guests with special needs in the rear of the building allowing entry on the arena floor level.
PROGRAMMING:
CLIENT shall be responsible for payment of any and all performers, contractors, speakers, and vendor contracts, including royalties for copyrighted material and licenses used during the course of CLIENT’s event. CLIENT is responsible for all income taxes for performers and CLIENT employees. CLIENT will notify COLLEGE of all operational and technical requirements for the event no later than one month or (30) thirty business days prior to the date of the event, if not available to submit to the COLLEGE when returning this signed Agreement. CLIENT agrees to promptly notify the COLLEGE of any change in the format or character of its scheduled event. CLIENT agrees that any substitution, addition, or deletion not approved by the COLLEGE in accordance with the terms of this Agreement may be subject to cancellation.
COPYRIGHTED MATERIAL:
CLIENT shall assume all costs and obligations arising from the use of patented and/or copyrighted materials, equipment, devices, processes, music or dramatic rights furnished or used or incorporated in the conduct of the Event. CLIENT agrees to indemnify and hold harmless the COLLEGE and its duly authorized representatives from all damages, costs, expenses, (including without limitation, all legal costs and attorney’s fees) as a result of any claim of unauthorized use of any patented and/or copyrighted materials, equipment, devices, processes or dramatic rights furnished or used by the CLIENT in connection with the event. CLIENT is responsible for determining all required licenses/permits necessary for the event and shall obtain and pay for all appropriate and required licenses of permits for the event.
YOUTH CAMPS:
If the CLIENT is operating a “youth camp” as that term is defined by COMAR, Title 10, Subtitle 16, by signing this Agreement, CLIENT warrants and represents that it has complied with all State of Maryland laws and regulations pertaining to the operation of youth camps. CLIENT further warrants and represents that it has obtained all necessary certifications and paid all required fees for the operation of said youth camp.
LOST ARTICLES:
The COLLEGE shall have the sole right to collect and have custody of articles left in the APGFCU Arena by persons attending any event in the APGFCU Arena. Lost and found inquiries should be directed to HCC Public Safety by calling 443-412-2272. Articles left in the APGFCU Arena and taken custody of by the COLLEGE will be disposed of in 30 days from the date of the event, if not claimed. The COLLEGE further reserves the right to remove from the building all effects of whatsoever nature left within it by the CLIENT after the expiration of the time covered by this agreement; or to charge an additional rental at the same rate per date provided in this agreement if written notice is given to the CLIENT to remove such effects, and they are not immediately removed; and the CLIENT agrees to pay to the COLLEGE an amount to cover the costs of removing such effects or the cost of such additional rental.
ADA COMPLIANCE:
CLIENT shall ensure that CLIENT’s activities at the APGFCU Arena, including temporary facilities and any adaptation of the named premises for CLIENT’s activities, comply with the Americans with Disabilities Act (ADA). CLIENT shall provide a process for determining in advance the need for auxiliary aids and services required by the ADA to be made available to persons admitted on the named premises by CLIENT and shall provide required aids and services. CLIENT shall be the primary contact for required aids and services. Upon request reasonably in advance by CLIENT or by a person admitted to the named premises by CLIENT, if CLIENT has failed to satisfy such a request to it, COLLEGE may (but is not required to) provide required aids and services. COLLEGE may then charge CLIENT any actual and reasonable costs incurred by COLLEGE in providing required aids or services and CLIENT agrees to pay all of such charges. No charge shall be made by CLIENT or by COLLEGE to any person for required aids or services. COLLEGE shall not be required to remove or alter any architectural or communication barrier within the named premises which is structural in nature. CLIENT is required to adapt its activities to existing barriers in the named premises and to existing limitations of goods or services provided by COLLEGE.
SEATING CAPACITIES:
The posted venue and room capacities will not be exceeded under any circumstances. Room capacities as determined by the Harford County Fire Marshall will be strictly enforced. The overall posted arena capacity is 3105 which accounts for all individuals in the arena, however capacities will lessen depending on the event’s floor plan and required structures and furniture in the space. Arena floor capacities must not be exceeded.
- With all bleachers extended, the large stage in place, and no furniture on the floor, the floor’s capacity is 848.
- With all bleachers extended, the large stage in place, and chairs in place, the floor’s capacity is 729.
- With all bleachers retracted, no stage and no furniture or equipment on the floor, the floor’s capacity is 2,700. This capacity decreases as tables, chairs, stages, and other furniture are added to the floor.
TICKETING AND COSTS:
In no event should tickets be sold without this signed agreement between the COLLEGE and CLIENT. At this time, it is not required by the COLLEGE for the CLIENT to utilize the COLLEGE’s ticketing sales system. If the CLIENT chooses to use the COLLEGE’s system, the CLIENT will incur the following costs: $20 set up charge, an administrative fee of $1 per ticket sold will be deducted from the CLIENT’s ticket sales to the COLLEGE, as well as any credit card charges incurred by the COLLEGE will be passed onto the CLIENT. Tickets can be purchased online at www.tickets.harford.edu, phone by calling 443.412.2211, in person at 401 Thomas Run Road Bel Air, MD in the Chesapeake Building during business hours or at the event one (1) hour prior to show time, if available. COLLEGE box office staff can be available for gate sales for $25 per hour per person upon the request of the CLIENT (3 hour minimum). When using the COLLEGE’s ticketing system, utilizing COLLEGE box office staff for gate sales is mandatory. Public ticket prices are set by CLIENT. If sales run through the COLLEGE, a final check will be issued within 10 business days from the conclusion of the event. CLIENT must contact (443)412-2036 to make prior arrangements for ticketing.
If the CLIENT utilizes another ticketing sales service, the CLIENT must provide their seating chart for the event in advance of opening ticket sales for the COLLEGE’s review and approval. The CLIENT is responsible for any costs associated with updating or revising their seating manifest.
The CLIENT may not sell tickets for any event on COLLEGE premises in excess of the number of seats available for any presentation that may be described in this agreement. This number is to be determined by the COLLEGE in writing in consultation with the CLIENT. In no event will stairs, aisles, halls and foyers be obstructed. Event attendees are not permitted to stand on the concourse level to watch a performance.
The CLIENT will hold up to ten (10) seats to each event for the use of the COLLEGE. These seats will be provided to the COLLEGE on a complimentary basis. Any unused tickets will be released back to the CLIENT 24 hours prior to the event.
MARKETING: The CLIENT agrees that all marketing / advertising for this event must reference the venue using “APG Federal Credit Union Arena at Harford Community College”. If space does not allow, it may be shortened to “APGFCU Arena at Harford Community College”. The use of the APGFCU Arena logo should not be used in CLIENT’s promotion of event until permission is granted by the COLLEGE in advance. COLLEGE will provide CLIENT with appropriate logos that meet COLLEGE’s design standards. They should never be redrawn or modified. All marketing materials must be approved, in advance, by COLLEGE. CLIENT shall not imply in any way the establishment of a partnership with or co-sponsorship with HCC of any event unless the express written permission of COLLEGE is included in this Agreement. Nothing in this agreement shall be construed to give the CLIENT the right to use HCC’s name or logos, or to state, imply or otherwise give the impression that HCC sponsors or endorses the CLIENT’s program unless CLIENT has obtained the prior written permission of HCC.
CLIENT understands that promotion of its event is the CLIENT’s responsibility. CLIENT renting the APGFCU Arena for an event or performance open to the public will be offered limited promotional support, as resources are available, through inclusion on the APGFCU Arena website and Arena social media platforms. The CLIENT agrees to provide the COLLEGE high resolution images and a brief description for the COLLEGE to utilize on the website.
MERCHANDISE:
CLIENT is responsible for informing the COLLEGE in advance of event date of desire to sell merchandise. The COLLEGE will charge 15 percent (15%) commission of the net sales (sales after state sales tax) when artist merchandise is sold on premises. CLIENT is responsible for all artist merchandise sales. The COLLEGE will not charge commission on Vendor Tables unless the COLLEGE is requested to assist in the sales on the behalf of the Client (anything above providing space within the facility and an uncovered table). If assistance is requested, the COLLEGE will charge 15 percent (15%) commission of the net sales (sales after state sales tax) of Vendor Tables sold on premises.
NOTICES:
Any notice required or permitted to be given by either party to the other shall have been deemed to have been given when hand delivered or if the United States mail is used on the day after the notice is deposited in the United States mail, certified mail, postage prepaid, return receipt requested and addressed to the parties at the address provided herein. Either party, by written notice to the other, may change its address to which notices are to be sent.
ASSIGNMENT:
CLIENT shall not assign or transfer this Agreement or permit any use of the premises except as specifically permitted herein.
NO PARTNERSHIP:
COLLEGE and CLIENT hereby agree, stipulate and recognize that in the entering into this agreement they are not in any way partners, joint venturers, or in any way jointly interested in any mutual enterprise but are to each other COLLEGE and CLIENT respectively, and occupy that status only.
NO DISCRIMINATION:
The CLIENT understands that COLLEGE does not discriminate or permit discrimination by the CLIENT against any persons relative to admission, services or privileges offered to or enjoyed by the general public in connection with any use of the APGFCU Arena.
IMPORTANT MISCELLANEOUS AGREEMENTS:
All indemnifications by CLIENT herein shall survive termination of this Agreement. The terms and conditions hereof shall be binding upon the parties’ successors and permitted assigns. Paragraph headings are for convenience only and are not a controlling part of this Agreement. This Agreement shall be governed by and enforced in accordance with Maryland law and the parties hereto consent to the jurisdiction of the courts of Harford County, Maryland or Federal Courts for purposes of enforcement of this Agreement or resolution of any dispute between the parties hereto. This Agreement contains the entire agreement and understanding between the parties hereto with respect to the transactions contemplated hereby and may only be amended or modified by a written instrument, executed by the parties affected by such amendment or modification. Any provision of this Agreement which held by a court of competent jurisdiction to be prohibited or unenforceable shall be ineffective to the extent of such prohibition or unenforceability, without invalidating or rendering unenforceable the remaining provisions of this Agreement.