RENTAL AGREEMENT Agreement made this day Date between Rowan University, a public institution of higher education in the State of New Jersey, hereinafter referred to as the "University," and hereinafter referred to as the “Client.” CONDITIONS OF AGREEMENT 1. Authorization The University grants permission to the Client to, hereinafter referred to as the “Event”, on the campus, property, etc. of the University. The Event is to be conducted under the direct supervision of persons who are members of the staff of the Client. It is understood that all supervision and work with the participants shall be the sole responsibility of THE CLIENT and staff. 2. Event Dates The Event shall be conducted on the campus, premises, property, etc. of the University on the following dates and times: Gates open 10 minutes prior to the event start time. Participants are expected to vacate the facility immediately after the event has concluded. will not be available for client’s use. No locker room facilities will be available. If the restroom facilities are opened, a custodial staff person must be paid to attend to the restrooms. No markings are allowed on the field (field as is). No equipment/supplies can be dragged on the turf field or track. Please be sure to carry all items or wheel the items in on a suitable wheeled cargo apparatus. No gum is allowed on the field. Please pick up any litter. No colored beverages are permitted in the turf stadium; all beverages must be clear liquids. No food is permitted on the turf field. Client is responsible for any damages for excessive clean up. 3. Facilities To Be Provided 1 In consideration of the aforesaid fees, the University will provide: 4. Personnel to be Provided The University will provide the following personnel for the purpose of assisting the client with the event that will be hosted on the University campus during the date and time period set forth in paragraph 2 of this agreement: 5. Facility Rental Fees In consideration of the provision of the aforesaid facilities and personnel, the Client shall pay the University a total fee of: (An itemized list of the fees for facilities and personnel can be found in Attachment A of this agreement.) Payment shall be sent to Office of Conference and Event Services, Student Center, Rowan University, 201 Mullica Hill Road, Glassboro, New Jersey 08028-1701. Payment must be received within (15) fifteen days of the University invoicing. Failure to pay the invoice amount in full will result in a 1.5% monthly finance charge starting the sixteenth day after invoicing. This charge will continue to be added on to the original invoice amount on a monthly basis, until the invoice is PAID IN FULL. No exceptions will be made. The Client agrees that to the extent that the University incurs collection expenses, including collection agency fees, legal expenses, court fees, etc. for enforcing its right to payments that are due, the Client shall reimburse the University for such expenses in addition to the overdue balance. 6. Deposits A deposit of: shall be paid by the client to the University with the signing of this agreement. In the event that the client cancels this agreement for any reason whatsoever, this deposit shall be retained by the University and shall not be returned to the client. 7. Advertising Restrictions The Client agrees not to advertise, recruit, or purchase promotional material before this contract is signed and all insurance requirements are met. It is the sole responsibility of the Client, the contracting 2 organization, if this condition is not met. 8. Applicable Regulations It is understood that the Client and all persons with it and under its supervision and control will abide by the rules, regulations, and requirements of the University and the State of New Jersey for the use of its various services and facilities on campus, premises, property, etc. of the University. It is further understood that the Client will withdraw, remove, or expel any person associated with or participating in the event upon the request of the University for good cause. Moreover, the Client agrees to cease and desist any activity, function, program, etc. upon the request of the University for good cause. The term "good cause" as used herein shall include but should not be limited to violations of any rule, regulation, or condition of the University and the State of New Jersey. 9. Inspection Rights Of The University The University reserves the right to inspect all facilities, buildings, etc. on campus utilized by the Client including dormitories or residence halls, and to regulate use of them. Further, the University may enter any building or room at any time to make required repairs. 10. Substitution Rights Of The University The University reserves the right to substitute equivalent facilities for those reserved by the Client. If this is to occur, the University shall provide the Client with appropriate notice; such notice should be provided in writing. 11. Overnight Conference Policy If the Client reserves overnight housing for its participants, the Client agrees to stay and/or be financially responsible for at least two nights. In addition, the Client must provide a guaranteed room count no later than thirty (30) business days prior to the scheduled event. 12. Damages The Client shall be responsible for all damages and losses beyond normal wear to the buildings, facilities, equipment, furniture, etc. owned by or a part of the University's campus, property, grounds, etc. and will be assessed accordingly. The assessment of the cost of repairs or replacements for any such damage or loss shall be determined by the University but only after a representative of the Client shall be permitted to inspect the damages and losses in question. 13. Waiver Of Liability The University shall accept no responsibility for theft or other loss of money, valuables, personal effects of participants in or members of the staff of the Client. 14. Insurance Requirements It is the Client's responsibility to see that the following requirements are met. The University will at its option cancel all functions not meeting the Insurance Requirements one month prior to the function. Any use of Rowan University in advertising, recruiting and/or promotional purchases prior to the signing of the contract and providing the required insurance certificate is prohibited. a. The Client shall secure and maintain in force for the term of the contract, insurance coverage provided herein. All insurance coverage is subject to the approval of the University and shall 3 b. c. d. e. f. g. be issued by an insurance company authorized to do business in the State of New Jersey and which maintains an A.M. Best rating of A- (VII) or better. The Client shall provide the University with current Certificates of Insurance for all coverage and renewals thereof which must contain the provision that the insurance provided in the certificate shall not be canceled for any reason except after thirty (30) days written notice to the University. All insurance required herein shall contain a waiver of subrogation in favor of the University. All insurance required herein, except Workers' Compensation, shall name Rowan University, the State of New Jersey and the New Jersey Educational Facilities Authority, as ADDITIONALLY insured. Commercial General Liability Insurance written on an occurrence form including independent contractor liability, products/completed operations liability, fire legal liability and contractual liability, covering but not limited to the liability assumed under the indemnification provisions of this contract. The policy shall not include any endorsement that restricts or reduces coverage as provided by the ISO CG0001 form without the approval of the University. The minimum limits of liability shall not be less than a combined single limit of one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate, two million dollars ($2,000,000) product/completed operations aggregate. A “per location endorsement” shall be included, so that the general aggregate limit applies separately to the location that is the subject of this contract. Comprehensive Automobile Liability covering owned, non-owned, and hired vehicles. The limits of liability shall not be less than a combined single limit of one million dollars ($1,000,000) per occurrence. Worker's Compensation Insurance applicable to the laws of the State of New Jersey and other State or Federal jurisdiction required to protect the employees of the Client and any subcontractor who will be engaged in the performance of this contract. The certificate must so indicate that no proprietor, partner, executive officer or member is excluded. This insurance shall include Employers' Liability Protection with a limit of liability not less than one million dollars ($1,000,000) bodily injury, each occurrence, one million dollars ($1,000,000) disease, each employer, and one million dollars ($1,000,000) disease, aggregate limit. Lower primary limits will be accepted if employer’s liability insurance is included under the umbrella insurance and the umbrella limit exceeds the employer’s liability limit requirements. The Client shall provide all risk property insurance to protect its and its employees real and personal property located at the University, including any improvements made to the University’s property by the Client or on behalf of the contracting party. The Client shall require all subcontractors to comply with all of the insurance requirements described above. The Client shall be responsible for obtaining certificates of insurance for all coverage and renewals thereof for each subcontractor prior to the subcontractor’s beginning work at the University. The Client shall provide copies of all subcontractor certificates of insurance to the University upon request. 15. Discrimination 4 The University is committed to providing an environment free from discrimination and harassment. Hence, the University may terminate this agreement without notice at any time if the University has reasonable cause to conclude that the Client’s activities are contrary to this commitment by the University. If such cancellation occurs for such reason, the Client shall be responsible for all fees due to the University for activities of the Client up to the time of the cancellation. The Client shall also be responsible for any additional expenses experienced by the University as the result of such cancellation. 16. Indemnification The Client shall assume all risk of and responsibility for, and agrees to indemnify, defend, and save harmless The State of New Jersey and its employees from and against any and all claims, demands, suits, actions, recoveries, judgment and costs and expenses in connection therewith on account of the loss of life, property, or injury or damage to the person, body or property, of any person or persons whatsoever, which shall arise from or result directly or indirectly from the use of State premises under this contract. This indemnification obligation is not limited by, but is in addition to the insurance obligations contained in this agreement. 17. Emergency Situations In case of natural disaster, power failure, inclement weather, etc. and the event must be cancelled, the University will do everything in its power to work with the Client to reschedule the event for a different date(s) and time(s). 18. Taxes The Client shall be responsible for the collection of all Federal and/or State Sales taxes or surcharges from the sale of their recordings and/or souvenirs. The Client is responsible for the payment of all taxes to and the filing of all forms with the various taxing authorities. 19. Representation The representative of the University for the purposes contained in this agreement shall be: , or any person mutually agreed upon by the parties. The representative for the Client for the purposes contained in this agreement shall be: or any other person mutually agreed upon by the parties. Each party warrants that the individual signing this Agreement for its party is legally authorized to execute this Agreement for their party. 20. Miscellaneous Provisions This agreement represents the entire agreement between the parties. Any of the matters of the agreement herein may be altered by mutual agreement of the parties in writing without in any way affecting the remainder. The rights and duties arising under this agreement shall not be assigned or delegated by either party without the other party’s written consent. In the event that any one or more provisions of this agreement is declared null and void, or otherwise unenforceable, the remainder of the contract shall survive. 5 This agreement shall be governed by and construed in accordance with the laws of the State of New Jersey and the New Jersey Tort Claims and Contractual Liability Acts N.J.S.A. 59:1-1 et seq, 59:13-1 et seq. Nothing contained herein shall be construed to indicate that the parties to this agreement are in a partnership or a joint venture. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date abovementioned: ATTEST: _______________ BY: ______________________________ Contracting Officer Rowan University WITNESS:________________ BY: ______________________________ ROWAN FACILITIES & SERVICES AGREEMENT Attachment A (if applicable) 6 CONTRACT: EVENT NAME: DATES: Date Date Date The fees associated with this agreement shall be as follows: Fees for: Rate: per day Total Units: days Total Charge: Fees for Personnel: Athletic Supervisor: EST Rate: per day Total Units: ☐n/a days Total Charge: Custodial Support: EST Rate: per day Total Units: ☐n/a days Total Charge: Fees for Equipment: Grounds Staff Support: EST Rate: per day Total Units: ☐n/a days Total Charge: Estimated Grand Total: Deposit Amount: Remaining Balance: Fees for personnel are estimates. Final fees for services of personnel are dependent upon the amount of time worked by such personnel. Following the event, the University shall conclude what the total amount of fees due are, based upon the actual number of hours worked in relation with the event. All Athletic Supervisors will be paid a half hour prior to the start of the event. 7