GKD EXHIBIT - 11
TERMS AND CONDITIONS OF FACILITY USE UNDER HUMBLE ISD POLICY GKD
A.
Permitted and Prohibited Use by Organization. Organization has been approved to use the
District facilities as indicated on the ____________ (form). Neither Organization nor any of
Organization’s participants will use any other part or area of the campus or building without written preapproval by District. Entrance into areas other than the Premises will be considered trespassing.
Anyone caught trespassing may be asked to immediately exit the Premises.
Organization will not do nor permit to be done anything which will invalidate or increase the cost of any
fire and extended coverage insurance policy covering the building and/or property, and will comply with
all rules, orders, regulations and requirements of the Humble Independent School District, including
Board Policy GKD (Local) and its interpreting guidelines and regulations.
B.
Parking. The locations for parking by and pick-up/drop-off of Organization and Organization’s
participants will be determined and designated by District. Parking by and pick-up/drop-off of
Organization and Organization’s participants will be permitted only in areas designated for such by
District. Parking by and pick-up/drop-off of Organization and Organization’s and participants will, at all
times, allow for the ingress and egress of emergency vehicle.
C.
Food Concessions.
Food concessions operated by Organization during Organization’s use of
the facilities will be conducted only in locations designated by District. Organization will not sell any
food product in the facilities that is a commercially competitive product to a Coca-Cola product.
Organizations using a cafeteria on a rental basis and needing kitchen facilities must make arrangements
with the Child Nutrition Department at 281-641-8460. Concessions sales and control are subject to GKD
guidelines, and may include a separate fee to the District.
D.
Prohibited Activities. Smoking / tobacco use is prohibited on any Humble ISD property.
Narcotics, alcoholic liquors or beverages may not be brought or consumed on school property.
E.
Additional Fees. In addition to any use fees assessed, Organization, the District may charge an
additional fees, which will be determined by District, for the following :
1. Any additional charges incurred for excessive waste removal or custodial services;
2. Any amounts for damage to the Premises occurring during the use, which will be presented
to Organization by District in writing;
3. Any fines assessed against District for violations of applicable fire code or other similar
violations occurring in the Premises for which Organization is responsible.
F.
Signage. Organization will not display any type of signage on District property that display the
names, logos, or other identifying graphics of any business or corporation. Signage must be used on a
temporary basis, of a certain size (____________________), and advertise only the name of the event
being held on the premises. Signs may be put up after the close of business on Friday and must be taken
down on Sunday evening by 7:30 p.m. The District reserves the right to remove any sign put out too
early or left out too late, as well as any sign that violates these Terms and Conditions or Board policy.
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GKD EXHIBIT - 11
G.
Disclaimer.
Organization acknowledges that use of the facilities is merely a rental and in no
way is to be construed as a joint venture or enterprise between Organization and District. No
endorsement or advancement by the District of Organization’s views, opinions, or beliefs will be implied
by the terms of the rental. District disclaims any connection, association, or certification of
Organization’s organization. District neither endorses nor ratifies the content of any displays, banners,
signage, advertisements, or other written material related to Organization’s use of the Premises.
Organization must include a disclaimer on all written material intended for distribution stating that
the Humble Independent School District is merely renting the Premises to Organization under its
facility use policies, and the District neither endorses nor advances the Organization’s views, opinions,
or beliefs.
H.
Adult Supervision.
During events involving children, Organization must provide the
appropriate level of adult supervision for the children. Adult supervisors will ensure that the children
remain in the area being rented by Organization.
I.
Alterations.
Organization may not make any changes, alterations, improvements or
additions to District property or attach or affix any articles to the property without District’s prior
written consent. All alterations, improvements, and attachments to the property (as permitted by
District) will become and remain the property of District.
J.
Damages to Facility. District or its agents will not be liable for any loss or damage to personal
property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may
leak from any part of the building or from the pipes, appliances, or plumbing works therein from the
roof, street, or subsurface or from any other place resulting from dampness or any other cause
whatsoever.
If at any time damages are identified that are confirmed to be a result of the Organization’s use
of the facilities, Organization agrees to promptly reimburse the District for its cost to repair the facility
whether those repairs are conducted by the District or third party contractors.
If at any time damages are identified that are confirmed to be a result of the Organization’s use of
the facilities, District has the sole discretion to terminate the Organization’s use, and Organization may
be prohibited from leasing any of District’s facilities in the future.
K.
Waiver of Rights. As a condition of use, ORGANIZATION WAIVES ANY AND ALL RIGHTS OF
RECOVERY AGAINST DISTRICT OR ITS AGENTS OR EMPLOYEES FOR REAL OR PERSONAL PROPERTY LOSS
OR DAMAGE OCCURRING TO EITHER THE PREMISES OR TO THE CAMPUS OR ANY PART OF EITHER OR
ANY PERSONAL PROPERTY LOCATED IN EITHER THE PREMISES OR THE CAMPUS FROM PERILS WHICH
ARE ABLE TO BE INSURED AGAINST IN STANDARD FIRE AND EXTENDED COVERAGE, VANDALISM AND
MALICIOUS MISCHIEF AND SPRINKLER LEAKAGE INSURANCE (COMMONLY REFERRED TO AS “ALL RISKS”)
WHETHER OR NOT SUCH INSURANCE IS ACTUALLY CARRIED.
L.
No assignment. Organization will not assign, transfer, pledge or encumber its approved use of
the facilities nor will it sublet its approved use of the facilities in whole or in part, or allow any other
person (the employees, agents, servants and invitees of Organization excepted) to use the facilities.
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GKD EXHIBIT - 11
M.
Right of Entry. District reserves, and will at all reasonable times have the right to enter the
facilities to inspect the same, to post notices of non-responsibility, to conduct normal business in public
spaces, and to repair the facilities, without abatement of Use Fee, providing that the business of the
Organization will not be interfered with unreasonably. ORGANIZATION HEREBY WAIVES ANY CLAIM FOR
DAMAGES OR FOR ANY INJURY OR INCONVENIENCE TO OR INTERFERENCE WITH ORGANIZATION’S
PURPOSE OR ACTIVITIES, OR ANY LOSS OF OCCUPANCY OR QUIET ENJOYMENT OF THE FACILITIES, AND
ANY OTHER LOSS OCCASIONED THEREBY.
N.
Governing Law and Venue
Organization’s use of the facilities will be governed by the laws
of the state of Texas. Exclusive venue for any legal disputes that may arise per the use will lie in courts
of competent jurisdiction in Harris County, Texas.
O.
Compliance With Law Organization will not use the facilities or permit anything to be done in
or about the facilities, which will in any way conflict with any law, statute, ordinance or governmental
rule or regulation now in force or which may be enacted or promulgated. District will comply with all
laws, statutes, implementing regulations, ordinances, executive orders, now in force or that may be
enacted with regard to its responsibilities for the property on which the Premises is located and the
Premises.
P.
INDEMNIFICATION. ORGANIZATION WILL AND HEREBY DOES INDEMNIFY AND HOLD DISTRICT
HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS ARISING FROM OR RELATED TO: 1)
ORGANIZATION’S USE OF THE PREMISES OR THE CONDUCT OF ORGANIZATION’S PURPOSE OR
ACTIVITIES; 2) ANY ACTIVITY, WORK, OR THING DONE, PERMITTED OR SUFFERED BY THE ORGANIZATION
IN OR ABOUT THE PREMISES; 3) ANY NEGLIGENT ACTS OR OMISSIONS OF ORGANIZATION, OR OF
ORGANIZATION’S AGENTS OR EMPLOYEES; AND 4) ANY AND ALL CLAIMS ARISING FROM ANY BREACH
OR DEFAULT OF ORGANIZATION’S PERFORMANCE UNDER THE TERMS OF THIS AGREEMENT.
ORGANIZATION, AS A MATERIAL PART OF THE CONSIDERATION TO DISTRICT, HEREBY ASSUMES ALL RISK
OF DAMAGE TO PROPERTY OR INJURY TO PERSONS IN, UPON OR ABOUT THE PREMISES FROM ANY
CAUSE DURING ORGANIZATION’S USE OF THE PREMISES.
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