UNIVERSITY of NORTH DAKOTA
FINANCE & OPERATIONS POLICY LIBRARY
ACTIVITIES, EVENTS, AND SHORT-TERM RENTALS
Section 2, Finance
Policy 2.17, Activities, Events, and Short-Term Rentals
Responsible Executive: VP Finance & Operations
Responsible Office: Office of Safety
Issued: October 1, 2012
Latest Review / Revision: March 19, 2015
POLICY STATEMENT
University of North Dakota-related activities are given precedence over the use of facilities by non-University or
outside groups. University groups, non-University groups and related parties wanting to hold a special
activity/event on campus must complete an Activity/Event Approval form and/or Facility Use Agreement.
UND collects lease or rental fees sufficient to cover expenses incurred during these events. If fees are not
collected, those waiving the fee (the president, vice presidents, deans, or their designees) must be able to provide
justification as to why fees are not collected. UND departments are not required to collect fees when renting to
other UND departments or related parties; however, a negotiated rental fee may be established for these instances.
Non-University groups are required to furnish documentation of liability insurance naming the University and
State as additional insureds. UND may waive this liability insurance requirement for nonprofit groups and small
events only. If not a nonprofit or small event, the liability insurance may be replaced by a waiver signed by
participants, and a parent or guardian of a child participant, releasing UND and the State from liability. The
decision to accept waivers in lieu of insurance is made by UND Risk Management. UND may require both
liability insurance and waivers based on the results of a pre-event risk assessment.
Departments are required to deposit revenues from activities, events, and short-term rentals into University
fund(s) that are utilized to support the facility.
REASON FOR POLICY
This policy is created in accordance with North Dakota State Board of Higher Education (SBHE) policy 909.
The University of North Dakota strives to mitigate potential risks, and provide for well-planned, successful
campus activities and events. UND Risk Management assesses the potential risk involved with, and under what
conditions it is appropriate to hold, activities and events on its campus. This includes reviewing activities and
events to assure each is appropriate for the campus and do not represent an unreasonable risk to participants, other
members of the campus community, or University property.
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SCOPE OF POLICY
This policy applies to:
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President
Vice Presidents
Deans, Directors & Department Heads
Area Managers & Supervisors
Faculty
Staff
Students
Others
Outside (non-campus) Entities
WEB SITE REFERENCES
This policy: http://und.edu/finance-operations/_files/docs/2-17-activities-events-rentals.pdf
Policy Office: http://und.edu/finance-operations/policy-contact.cfm
Vice President for Finance & Operations: http://und.edu/finance-operations/
CONTENTS
Policy Statement
1
Reason for Policy
1
Scope of Policy
2
Web Site References
2
Related Information
3
Contacts
3
Definitions
4
Principles (overview)
5
Procedures
6
Special Activity/Event Approval
6
Reservations, Guidelines, and Special Arrangements
6
Rental Agreements
7
Liability Waivers
7
Liability Insurance
7
Event and Rental Fees and Revenue
8
Campus/Community Notification
8
Responsibilities
8
Forms
9
Appendices (list)
9
Appendix 1 – Facility Reservation Checklist
11
Appendix 2 – Frequently Asked Questions
12
Appendix 3 – Flowchart
17
Appendix 4 – Sample Facilities Use Agreement
19
Appendix 5 – Sample Waiver
25
Revision Record
10
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RELATED INFORMATION
Grand Forks Public Health
Department – Guidelines for Food
Safety at Temporary Events
www.grandforksgov.com/home/showdocument?id=586
NDAC Chapter 33-33-04 – Food
Code
http://www.ndhealth.gov/FoodLodging/PDF/North_Dakota_Food_Code
_2003.pdf
NDCC Chapter 32-12.2 – Claims
Against the State
www.legis.nd.gov/cencode/t32c12-2.pdf
SBHE Policy 909(3) – Real
Property Leases
http://ndus.edu/makers/procedures/sbhe/default.asp?PID=12&SID=10
SBHE Policy 918 – Alcoholic
Beverages
http://ndus.edu/makers/procedures/sbhe/default.asp?PID=18&SID=10
UND Loss Control Manual –
Sanitation
http://und.edu/finance-operations/office-of-safety/policies-andprocedures/sanitation.cfm
UND Policy 5.3 – Access to and
Security of Campus Facilities
http://und.edu/finance-operations/_files/docs/5-3-access-security-ofcampus-facilities.pdf
UND Policy 6.4 – Alcohol and
Drugs
http://und.edu/finance-operations/_files/docs/6-4-alcohol-drugs.pdf
USDA – Cooking for Groups: A
Volunteer’s Guide to Food Safety
www.fsis.usda.gov/wps/wcm/connect/82770ed6-4ec5-4075-9b094a24bef24af6/Cooking_for_Groups.pdf?MOD=AJPERES
CONTACTS
Specific questions should be directed to the following:
Subject
Policy
Clarification
Contact
Controller
Telephone
(701) 777-3178
Office or Department E-Mail / Web Address
http://und.edu/finance-operations/associatevp/sharon.cfm
Office of
Safety
(701) 777-3341
http://und.edu/finance-operations/office-ofsafety/index.cfm
Activity/Event
Approval Forms
Office of
Safety
(701) 777-3341
http://und.edu/finance-operations/office-ofsafety/index.cfm
Alcohol Exception
Office of the
President
(701) 777-2121
http://und.edu/president/
Fee Schedules
Budget
(701) 777-3924
http://und.edu/finance-operations/budget
Initial Approval of
Facility Use
Agreement
Template
General
Counsel
(701) 777-6398
http://und.edu/general-counsel/
Liability Insurance
UND Risk
Management
(701) 777-3341
http://und.edu/finance-operations/office-ofsafety/riskmanagement.cfm
Liability Waivers
UND Risk
Management
(701) 777-3341
http://und.edu/finance-operations/office-ofsafety/riskmanagement.cfm
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Parking
Parking
(701) 777-3551
http://und.edu/student-life/parking/
Temporary Food
Service
Grand Forks
Public Health
Department
(701) 787-8100
http://www.grandforksgov.com/publichealth
University
Property
Facility
Management
(701) 777-2591
http://und.edu/finance-operations/facilitiesmanagement/
DEFINITIONS
Activity/Event Approval
Form
The form completed for each desired special activity/event. Completed forms
are submitted to Office of Safety for processing and forwarded to the
Activity/Event Review Board for approval. The decision to have a responsible
party to complete an application rests with the manager of the host facility.
Activity/Event Review
Board
The team of UND employees assigned the ongoing task of reviewing and
approving/denying all Activity/Event Approval forms. Membership consists of
representatives from Office of Safety, Dean of Students, Facilities
Management, Memorial Union, Parking, UPD, Residence Services, and the
host facility.
Documentation of Liability
Insurance
Certificate of Insurance, Certificate of Financial Liability or other document of
financial insurance.
Facility
Any University classroom, auditorium, residence hall, other building, or
outdoor area. For information related to what constitutes University property,
contact Facilities Management.
Facility Use Agreement
Agreement signed by an individual or group acknowledging the use of
University of North Dakota facilities under described terms and conditions.
NDAC
North Dakota Administrative Code - The codification of all rules of state
administrative agencies, as that term is defined by NDCC Section 28-32-02.
NDCC
North Dakota Century Code - The codification of all general and permanent
law enacted since statehood.
Nonprofit Organization
Entity organized to achieve a purpose other than generating profit, and uses its
funds to achieve its goals.
Non-University Group
Third party entities with no relation to the institution and no institutional
financial support. Entities other than University Groups and Related Parties.
Office of Safety
UND department responsible for services related to safety, risk management,
and insurance.
Related Parties
UND-related foundations, recognized student organizations, governing
councils, Student Government, Association of Residence Halls, Greek
organizations, NDUS, and other NDUS institutions.
Responsible Party
Sponsor, coordinator, or entity responsible for event.
SBHE
State Board of Higher Education
Short-Term Rental
A rental that is in effect for less than one year.
Small Event
An event of less than 20 people occurring in one location, and not spanning a
time frame of more than a week.
Special Activity/Event
An activity or event that requires or has the potential to require campus
resources and/or planning. This includes, but is not limited to, large events,
multiple-day activities, and activities or events that have any known or past
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problems or potential risks (i.e., security needs, safety issues, parking
requirements, etc.). Special activities/events are approved through the
submission of an Activity/Event Approval form.
University Group
UND departments.
University-Related Activities
Activities which further the mission of the University, provide opportunities
for social growth and cultural understanding, serve the recreational needs of
the campus community, and are sponsored/supported by a University Group.
UPD
University Police Department
USDA
United States Department of Agriculture
Waiver
Agreement signed by an individual or group releasing the University of North
Dakota and State from liability.
PRINCIPLES
OVERVIEW – UND permits the orderly use of its facilities by the University community, related parties, and
other individuals or groups in their presentation of events which further the mission of the University, provide
opportunities for social growth and cultural understanding, and serve the recreational needs of the campus
community. As such, UND welcomes tournaments, meetings, and other events to its campus held by University
and non-University groups. University-related activities are given precedence over the use of facilities by nonUniversity or outside groups. The University of North Dakota encourages the free exchange of ideas. Individuals
and entities granted the use of University property to hold an activity or an event do not necessarily express the
views or opinions of the University.
UND reviews proposed special activities and events to assure they do not represent an unreasonable risk to
participants, other members of the campus community, or University property. University groups, non-University
groups and related parties wanting to hold a special activity/event on campus must complete an Activity/Event
Approval form. The Office of Safety will work with organizations to ensure Activity/Event Approval forms are
completed and submitted appropriately, and will subsequently ensure the form is reviewed for approval. If an
activity or event is deemed appropriate, measures may be implemented to enhance the safety of people (campus
community and guests), secure property, and limit liability.
UND collects lease or rental fees sufficient to cover expenses incurred during these events. If fees are not
collected, those waiving the fee (the president, vice presidents, deans, or their designees) must be able to provide
justification as to why fees are not collected. UND departments are not required to collect fees when renting to
other UND departments or related parties; however, a negotiated rental fee may be established for these instances
Negotiated rental fees are not usually allowable on grant and contract funds.
Non-University groups are required to furnish documentation of liability insurance naming the University and
State as additional insureds. UND may waive this liability insurance requirement for nonprofit groups and small
events only. If not a nonprofit or small event, the liability insurance may be replaced by a waiver signed by
participants, and a parent or guardian of a child participant, releasing UND and the State from liability. The
decision to accept waivers in lieu of insurance is made by UND Risk Management. UND may require both
liability insurance and waivers based on the results of a pre-event risk assessment.
Additionally, some campus buildings have supplemental activity/event policies and guidelines that must be
followed. When making arrangements to lease or rent facilities, inquire of the host facility to determine if any
additional policies or procedures apply.
Departments are required to deposit revenues from activities, events, and short-term rentals into University
fund(s) that are utilized to support the facility.
This policy is created in accordance with SBHE policy 909.
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UND strives to mitigate potential risks, and provide for well-planned, successful campus activities and events.
UND Risk Management assesses the potential risk involved with, and under what conditions it is appropriate to
hold, activities and events on its campus. This includes reviewing activities and events to assure each is
appropriate for the campus and do not represent an unreasonable risk to participants, other members of the
campus community, or University property.
PROCEDURES
Special Activity/Event Approval
University groups, non-University groups and related parties sponsoring an activity or event will be responsible
for the planning and execution of the activity/event in a manner consistent with all applicable University
policies and procedures. This is best accomplished by contacting the Office of Safety in the early stages of
planning for assistance in completing the Activity/Event Approval form.
An Activity/Event Approval form must be completed by the responsible party and submitted (preferably
electronically) to the Office of Safety for each proposed activity/event, and must be submitted at least two
weeks prior to the desired activity/event date for processing and approval. For those instances in which a two
week notice is not possible, the Office of Safety will determine whether or not an activity or event can be
approved in the condensed time frame available.
The Activity/Event Review Board will review the Activity/Event Approval form for certain proposed activities
and events. The Board will provide responses and information regarding the proposed activity/event to the
Office of Safety. Specific activity/event criteria may be established based on the review of the Activity/Event
Approval form and recommendation of the Board.
The Office of Safety will facilitate approval of all Activity/Event Approval forms.
Reservations, Guidelines, and Special Arrangements
The Activity/Event Approval form does not replace a Facility Use Agreement (Appendix 4) between the
University (one of its departments) and a responsible party sponsoring an activity or event. Hence, the
completion and submittal of the Activity/Event Approval form does not mean that arrangements, services, or
reservations will be automatically planned. Responsible parties need to make their own arrangements as they
relate to reserving facilities, rooms, equipment, or the scheduling of services/security.
Responsible party’s activities/events will be accountable for all costs associated with the support of the
proposed activity/event which may be necessary to enhance safety of the persons and property throughout the
campus.
The responsible party must comply with all guidelines established for an activity/event by University
administration and other applicable University policies and procedures. It is the responsible party’s duty to
check with the facility to determine if any additional policies or procedures apply. Failure to comply with all
conditions set by policy and procedures may result in an immediate termination of the activity/event.
FOOD AND FOOD SERVICES – The food and food services guidelines addressed in the UND Loss Control
Manual apply to all members of the University of North Dakota community, including visitors.
All raw or prepared food and food related services at public events held on campus must be acquired through
licensed food and food service providers. All food served at public events must be transported, prepared, and
served in a manner consistent with Chapter 33-33-04 of the North Dakota Administrative Code (Food Code).
In addition to acquiring products and service through a licensed food and food service provider, public events
requiring temporary food service, such as outdoor fundraisers, barbecues, and promotions, must follow Grand
Forks Public Health Department requirements.
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Events held on campus but not open to the general public must also follow general sanitation guidelines.
Individuals in charge of organizing or preparing food for such events should be familiar with the food
preparation sanitation guidelines provided by the United States Department of Agriculture (USDA).
ALCOHOLIC BEVERAGES – According to SBHE policy 918, alcoholic beverages are prohibited upon land
or in buildings owned by the University of North Dakota. However, SBHE 918 gives the president (or designee)
authority to approve exceptions to this policy. All exceptions are subject to applicable state and local laws and
ordinances. Exceptions are considered if UND students are not the primary event audience. To seek an
exception, entities must complete an exception form and submit it to the appropriate vice president at least three
weeks prior to the event. If endorsed by a vice president, the form will be submitted to the president for final
approval. Contact the Office of the President for additional information.
Rental Agreements
The rentals governed by this policy are short-term (12 months or less). Prior to completing the Facility Use
Agreement (Appendix 4), the responsible party using the facility may be required to submit an Activity/Event
Approval form to the Office of Safety by the host facility. A written, signed Facility Use Agreement must be
completed for any non-University sponsored event. This agreement must be signed by the president, a vice
president, a dean, or their designees.
Each department with a desire to lease or rent space for tournaments, meetings, and other events must create a
fee schedule and Facility Use Agreement document. For assistance creating a fee schedule, departments may
contact the Budget Office. To encourage consistency across campus, a sample Facility Use Agreement template
is available for modification (Appendix 4).
If the provided Facility Use Agreement template is used without modification, document approval from the
General Counsel is not required. However, if alterations are made to the template, a department must have the
Facility Use Agreement reviewed and approved by General Counsel. Departments are responsible to obtain and
document this review and approval. It is suggested that the department include the last date the document was
reviewed by General Counsel in a footnote in the Facility Use Agreement document. All Facility Use
Agreement templates must be reviewed by the Office of General Council every two years.
Liability Waivers
A written, signed Liability Waiver (Appendix 5) is required for any non-University sponsored event.
Each department with a desire to lease or rent space for tournaments, meetings, and other events must create a
Liability Waiver form. To encourage consistency across campus, a sample template is available for
modification. Other forms are available through the UND Risk Management website.
If the provided Liability Waiver template is used without modification, document approval from UND Risk
Management is not required. However, if alterations are made to the template, a department must have the
Liability Waiver form reviewed and approved by UND Risk Management. Departments are responsible to
obtain and document this review and approval. It is suggested that the department include the last date the
document was reviewed by UND Risk Management in a footnote in the Liability Waiver document.
Liability Insurance
The responsible party using the facility must furnish documentation of liability insurance to Office of
Safety/Risk Management. Liability insurance covering the event is to name UND and the State as additional
insureds with limits of liability no less than $250,000 per person and $1,000,000 per occurence. Lower
insurance limits may be approved on a case-by-case basis. The Office of Safety will refer the responsible party
to UND Risk Management to discuss insurance options as necessary.
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UND may waive the liability insurance requirement for nonprofit groups and small events only. If not a
nonprofit or small event, the liability insurance may be replaced by a waiver signed by participants, and a parent
or guardian of a child participant, releasing UND and the State from liability. The decision to accept waivers in
lieu of insurance is made by UND Risk Management. It is the department’s responsibility to obtain and retain
these documents. For additional information and/or clarification, the department should contact UND Risk
Management.
UND may require both liability insurance and waivers based on the results of a pre-event risk assessment.
Event and Rental Fees and Revenue
Departments must have an event fee schedule and a documented explanation for the establishment of activity,
event and short-term rental fees. This documentation must be kept on file with the department. The Budget
Office is available to assist with the development of a department fee schedule.
The president, vice president, or dean designating authority to waive rental fees must keep a document on file
identifying the designee(s). Additionally, if fees are waived, justification must be provided as to why fees are
not collected.
Revenues from activities, events, and short-term rentals should be deposited into University fund(s) that are
utilized to support the facility. Deposits should contain the account code “472015” and the verbiage “leaserental of rooms-bldg.”
Campus/Community Notification
Approved activities/events may be posted to the UND calendar accessible from the UND home page for review
by interested UND faculty, staff and students, and community members. The responsible party must submit the
event notification to University Relations if they want the event included on the UND calendar.
RESPONSIBILITIES
Activity/Event Review
Board
 Review Activity/Event Approval forms as necessary
General Counsel
 Review and approve initial Facility Use Agreement
 Review and approve any revisions made by departments to the Facility Use
Agreement document
Host Facility
 Create a fee schedule
 Facility Use Agreement:
 Create a Facility Use Agreement document by either using the sample
Facility Use Agreement template as is or by altering it
 Send Facility Use Agreement – if altered from sample template – to
General Counsel for review and approval
 Retain documentation of General Counsel’s review and approval of
Facility Use Agreement document
 Retain signed Facility Use Agreement according to retention schedule
 Activity/Event Approval form:
 Assist responsible party in the completion of the Activity/Event
Approval form
 Retain signed waivers according to retention schedule
 Deposit revenue into fund(s) that are utilized to support the facility; include
account code “472015” and the verbiage “lease-rental of rooms-bldg”
President, Vice Presidents,
and Deans
 Delegate authority to waive rental fees as necessary
 Maintain copy of document delegating authority to waive rental fees
 Delegate authority to enter into short-term rental agreements as necessary
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 Maintain copy of document delegating authority to enter into short-term
rental agreements
Responsible Party
Submitting an
Activity/Event Approval
Form
 Complete an Activity/Event Approval form and submit it to Office of Safety
at least 2 weeks prior to activity/event
 Provide documentation of liability insurance with Activity/Event Approval
form (as necessary)
 Sign Facility Use Agreement and return to host facility for review and
approval (as necessary)
 Sign Liability Waiver form and/or have participants sign waiver forms and
submit to host facility (as necessary)
 Make all necessary arrangements (parking, catering, security, permits, etc.)
 Submit activities and events to University Relations for posting to the UND
calendar
Office of Safety
 Work with responsible parties to ensure Activity/Event Approval form is
completed appropriately
 Review event information after receiving Activity/Event Approval form
 Notify applicant, facility and Activity/Event Review Board of event approval
UND Risk Management
 Review and approve any revisions made by departments to the Liability
Waiver document
 Determine whether waivers will be accepted in lieu of insurance
 Assess the potential risk involved with, and under what conditions it is
appropriate to hold, activities and events on its campus
 Provide information regarding TULIP insurance (when necessary)
FORMS
Activity/Event Approval Form
http://und.edu/finance-operations/office-of-safety/specialevents.cfm
Alcohol Exception Form
Contact Office of the President
Facility Use Agreement Template
http://und.edu/finance-operations/_files/docs/2-17-facilities-useagreement-template.docx
Liability Waiver Templates
http://und.edu/finance-operations/office-of-safety/riskmanagement.cfm
APPENDICES
Appendix 1 – Activity/Event Reservation Checklist
Appendix 2 – Frequently Asked Questions
Appendix 3 – Activity, Event, and Short-Term
Rental Process Flowchart
Appendix 4 – Sample Facility Use Agreement
Appendix 5 – Sample Liability Waiver
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REVISION RECORD
10/01/2012 – Policy Implementation
10/24/2012 – Revision
11/27/2012 – Revision
12/28/2012 – Revision
03/19/2015 – Revision
 Signed by President Robert O. Kelley
 Added food and food service content to Related Information,
Contacts, and Procedures – Reservations, Guidelines and Special
Arrangements
 Updated Appendices 1 and 3
 Removed “Submit activities and events to University Relations for
posting to the UND calendar” from Responsibilities – Office of
Safety
 Added “Submit activities and events to University Relations for
posting to the UND calendar” to Responsibilities – Responsible
Party
 Changed the responsibility to notify University Relations to that of
the responsible party in Campus/Community Notification
 Added “$250,000 per person” to Procedures – Liability Insurance as
directed by SBHE policy 909
 Changed “Environmental Health and Safety” to “UND Safety”
 Changed “UND Safety” to “Office of Safety” throughout document
 Updated links in Related Information, Contacts and Forms sections
 Clarified role of Office of Safety when accepting Activity/Event
Approval forms in Principles: Overview
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Activities, Events and Short‐Term Rentals Appendix 1 Activity/Event Reservation Checklist UND permits the orderly use of its facilities by the University community, related parties, and other
individuals or groups in their presentation of events which further the mission of the University, provide
opportunities for social growth and cultural understanding, and serve the recreational needs of the
campus community. To help ensure activities/events are properly vetted and approved by the appropriate
campus officials, use this checklist to assist in the reservation and approval process.
 Contact desired facility to determine if location is available.
 Submit Activity/Event Approval form to the Office of Safety at least two weeks in advance
of event. The Office of Safety (777-3341) or the facility may be able to provide assistance
and answer questions when completing the form.
 Upon receiving application approval from the Office of Safety, sign a Facility Use
Agreement that has been prepared by the facility. (This is to be done as necessary. Not all
activities/events will require a Facility Use Agreement.)
 Make separate arrangements (as needed) for:
 Parking – contact Parking: 777-3551
 Food/Beverage/Catering – contact Dining Services Catering Coordinator: 777-2256
 Liability Insurance – contact Risk Management: 777-3341
 Security – contact University Police Department: 777-3491
 Electronic Door Access – contact VPFO IT: 777-6373
 Wireless Network Guest Access – contact IT Security: 777-3587
 Lighting (if not provided by facility: i.e., more expansive than what facility
provides or outdoor event, etc.) – contact Facilities Management: 777-2591
 Electricity (if not provided by facility: i.e., more expansive than what facility
provides or outdoor event, etc.) – contact Facilities Management: 777-2591
 Water (if not provided by facility: i.e., more expansive than what facility provides or
outdoor event, etc.) – contact Facilities Management: 777-2591
 Restrooms (if not provided by facility: i.e., more expansive than what facility
provides or outdoor event, etc.) – contact Facilities Management: 777-2591
 Furniture/Equipment – contact Facilities Management: 777-2591
 Barriers (Fencing) – contact Facilities Management: 777-2591
 Trash Containers – contact Facilities Management: 777-2591
 Campus/Public Notice – contact University Relations: 777-2731
 Permits (as necessary)
1 | P a g e Activities, Events and Short‐Term Rentals Appendix 2 Frequently Asked Questions Question 1: Answer: Who can use UND facilities for activities/events? See Policy Statement, page 1. UND permits the use of its facilities by the University community, related parties, and other individuals or groups; however, University of North Dakota‐related activities are given precedence over the use of facilities by non‐University groups. All parties need authorization prior to being allowed to hold activities/events on campus. For example, an external club or organization wanting to use Hughes Fine Arts for a weekly meeting (including or not including faculty, students or staff) would need to complete an Activity/Event Approval form. For more information or clarification, contact Office of Safety (777‐3341). Question 2: Answer: Who is authorized to rent UND space? See Procedures: Rental Agreements, page 7. A vice president, within his/her respective area, may designate individuals authorized to rent space on campus. Question 3: Answer: What types of activities/events or rentals need an Activity/Event Approval form? See Procedures: Special Activity/Event Approval, page 6. University groups, non‐University groups and related parties wanting to hold a special activity/event on campus must complete an Activity/Event Approval form. Campus department meetings are generally not considered special activities/events, unless dignitaries in attendance have special needs, or security or parking needs are required. Activities taking place off campus should also complete and Activity/Event Approval form for risk assessment purposes. Insurance and/or waivers may be necessary for off‐campus activities. Above all, when in doubt, fill it (Activity/Event Approval form) out. For more information or clarification on the need to submit an Activity/Event Approval form, contact Office of Safety (777‐3341). Question 4: Answer: Does completing an Activity/Event Approval form reserve space at the facility to be used for the event? See Procedures: Reservations, Guidelines and Special Arrangements, page 6. 1 | P a g e Activities, Events and Short‐Term Rentals Appendix 2 No. Completing an Activity/Event Approval form does not automatically reserve space for an event. Arrangements must be made with the facility for reservations. Question 5: Answer: Does reserving space at a facility approve the activity/event? See Procedures: Special Activity/Event Approval, page 6. No. Reserving space at a facility does not automatically approve the event. Events must be approved by Office of Safety through the use of an Activity/Event Approval form. Question 6: Answer: Can events be scheduled more than 12 months in advance even if all of the event information is not yet available? See Procedures: Special Activity/Event Approval, page 6. Yes. When completing the Activity/Event Approval form, provide adequate information to complete form. Follow‐up information must be provided to Office of Safety and the facility upon making additional arrangements or finalizing event details. Question 7: Answer: Question 8: Answer: Is the rental fee the only amount I will need to pay for my event? See Procedures: Reservations, Guidelines and Special Arrangements, page 6, and Procedures: Rental Agreements, page 7. No. If extra support/resources are necessary for the activity/event, the responsible party must request those services separately and for pay any additional expenses (above and beyond the rental fee) associated with those services. This includes, but is not limited to, overtime costs, security, parking, food, etc. What are the food safety requirements for on‐campus events? See Procedures: Reservations, Guidelines and Special Arrangements: Food and Food Services, page 6. The food and food services guidelines addressed in the UND Loss Control Manual apply to all members of the University of North Dakota community, including visitors. All raw or prepared food and food related services at public events held on campus must be acquired through licensed food and food service providers. All food served at public events must be transported, prepared, and served in a manner consistent with the North Dakota Food Code. In addition to acquiring products and service through a licensed food and food service provider (such as Campus Catering), public events requiring temporary food service, such as outdoor 2 | P a g e Activities, Events and Short‐Term Rentals Appendix 2 fundraisers, barbecues, bake sales and promotions, must follow Grand Forks Public Health Department requirements. Events held on campus but not open to the general public must also follow general sanitation guidelines. Individuals in charge of organizing or preparing food for such events should be familiar with the food preparation sanitation guidelines provided by the USDA. Question 9: Answer: Does my activity/event or rental require liability insurance? See Procedures: Liability Insurance, page 7. Risk Management utilizes the Activity/Event Approval form and other information to determine whether or not insurance is required. The responsible party must have liability insurance unless they are a nonprofit or small group. Participants may be required to complete liability waivers in lieu of liability insurance. Some events may require both liability insurance and signed waivers. For more information, contact Risk Management (777‐3341).
Question 10: Who is authorized to waive rental fees? Answer: See Procedures: Event and Rental Fees and Revenue, page 8. SBHE policy 909 requires UND to recoup its costs unless fees are waived for a business purpose (activity is a significant recruitment tool for department, event coincides with mission of department, etc.). The president, a vice president, dean or designee are authorized to waive rental fees. If individuals are designated to waive rental fees, official documentation of this designation must be maintained by the office of origination. Question 11: How do I document a waived rental fee? Answer: See Procedures: Event and Rental Fees and Revenue, page 8. The waiving of a rental fee requires written justification/reason signed by the president, a vice president, dean or designee. Departments should maintain the written justification documentation according to UND’s records retentions schedule. A space has been provided in the Facility Use Agreement to document the reason for waiving a rental fee. Question 12: Is a Facility Use Agreement (FUA) required for all short‐term rentals? Answer: See Procedures: Rental Agreements, page 7. 3 | P a g e Activities, Events and Short‐Term Rentals Appendix 2 Yes. Question 13: When should a Facility Use Agreement be completed? Answer: See Procedures: Rental Agreements, page 7, and See Procedures: Reservations, Guidelines, and Special Arrangements, page 6. A written, signed Facility Use Agreement must be completed for any non‐University sponsored event. The Activity/Event Approval form does not replace a Facility Use Agreement (Appendix 4) between the University (one of its departments) and a responsible party sponsoring an activity or event. Question 14: Who is responsible for obtaining the signed Facility Use Agreement? Answer: See Procedures: Reservations, Guidelines and Special Arrangements, page 6, and Procedures: Rental Agreements, page 7. The manager of the host facility will provide the renter/lessee a Facility Use Agreement for signature. The manager of the host facility is then responsible for obtaining the signed agreement. Question 15: How should a Facility Use Agreement be retained? Answer: See Responsibilities: Host Facility, page 8. The host facility is responsible for retaining the Facility Use Agreement in accordance with UND’s records retention schedule. Question 16: How are expenses defined in the phrase “UND collects fees sufficient to cover expenses incurred during events?” Answer: See Procedures: Rental Agreements, page 7, and Procedures: Event and Rental Fees and Revenue, page 8. Expenses may be direct or indirect, and include but are not limited to, utilities, custodial services, overtime, etc. All costs need to be reviewed when establishing a fee schedule. For assistance, contact the Budget Office (777‐2934). Question 17: Where must revenue be deposited as defined in the phrase “Departments are required to deposit revenues from short‐term rentals into University fund(s) that are utilized to support the facility?” 4 | P a g e Answer: Activities, Events and Short‐Term Rentals Appendix 2 See Procedures: Event and Rental Fees and Revenue, page 8. The revenue must be deposited in the same fund that pays the expenses for the facility. If the department renting the facility does not have a fund that pays for any expenses for the facility they must contact the Budget Office for the fund that is paying the expenses. Question 18: Do events at the Gorecki Alumni Center and North Dakota Museum of Art go through the same approval process as events at other campus locations? Answer: See Procedures: Special Activity/Event Approval, page 6. No. The Alumni Center approves its own events. However, the Alumni Center and the responsible party should work together to submit an Activity/Event Approval form to Office of Safety to ensure there are no conflicts with other events on campus that could interfere with parking, catering, safety, etc. Question 19: How does this policy document apply to career fairs or student‐employer interviews? Answer: See Procedures: Special Activity/Event Approval, page 6. An Activity/Event Approval form must be submitted to Office of Safety for activities of this nature. These events have the potential to bring many people to campus and can impact parking, catering, etc. Rental fees and insurance for activities/events sponsored by UND departments may or may not be required. Visit with the host facility regarding potential fees; Risk Management regarding insurance needs. Question 20: Is training available on the use of the Activity/Event Approval form and the Activities, Events, and Short‐Term Rental policy? Answer: Yes. A PowerPoint presentation is available online. This presentation was given as a U2/Learning and Development session on October 25, 2012. 5 | P a g e Activities, Events and Short‐Term Rentals Appendix 3 Process Flowchart Activities and Events 1 | P a g e Activities, Events and Short‐Term Rentals Appendix 3 Short‐Term Rentals 2 | P a g e Activities, Events and Short-Term Rentals
Appendix 4
Short-Term Facility Use Agreement
(less than one year)
This Agreement is made by and between the University of North Dakota, hereinafter referred to as
University, and
hereinafter referred to as Sponsor.
WITNESSETH:
THAT WHEREAS, the University owns certain facilities described in this Agreement which, from
time to time, are available for rent; and
WHEREAS, Sponsor desires to rent those premises for the purposes herein contained;
NOW THEREFORE, in consideration of the mutual covenants and conditions herein contained, the
University and Sponsor agree as follows:
1.0
GRANT:
The University hereby grants permission to Sponsor to use the following described facility:
hereinafter referred to as Facility, for the purpose of
.
2.0
TERM:
2.1
Sponsor shall be permitted to use and occupy the Facility from
20
, to
on
, 20
, for the purpose stated above.
on
,
2.2
Time shall be of the essence of this agreement, and the time granted shall not be
extended for the occupancy or use of the premises or for the installation or removal
of equipment without the written permission of the Facility Manager, hereinafter
referred to as Manager; and all additional time shall be paid for according to the
schedule of fees as established by the University.
2.3
In the event that the Facility is not vacated by Sponsor at the time specified in this
Agreement, the University shall be and is hereby authorized to move from Facility, at
the expense of Sponsor (including any storage costs), goods, wares, merchandise, or
other property of any kind and description, which may be then occupying the Facility.
The University shall not be liable for any damages or loss to said goods, wares,
merchandise, or other property which may be sustained, either by reasons of such
removal or the place to which it may be removed, and the University is hereby
expressly released from all claims for damages of whatever kind or nature.
Facility Use Agreement
Page 2 of 6
3.0
FEE:
Sponsor shall pay a fee of $
fees for food, parking, etc.
4.0
. This fee includes:
. This does not include additional
PAYMENT:
Sponsor agrees to pay all fees due under this contract in cash, certified check, or bank
cashier’s check.
5.0
APPLICABLE LAWS:
Sponsor agrees to comply with all laws, ordinances, and rules of the University, the City of
Grand Forks, the State of North Dakota, and the United States, together with all rules and
regulations of the Police and Fire Departments of the City of Grand Forks applicable to the
use of Facility and to pay all taxes imposed by law in connection with its use and occupancy
thereof. The parties agree that the Northeast Central Judicial District Court located in Grand
Forks, North Dakota, shall have exclusive jurisdiction over any legal proceeding arising out
of or related to this Agreement.
6.0
RESTRICTIONS ON USE:
Sponsor agrees that it will not stage any act or performance in which fire or flames are
involved without the prior approval of UND Environmental Health and Safety.
7.0
ADVERTISING:
The University’s name shall not be used to suggest co-sponsorship or endorsement of any
activity without prior written approval by the Manager.
8.0
CAPACITY:
Sponsor agrees that it will not distribute, or permit to be distributed in any manner, tickets
in excess of seating capacity, which for this event is
, nor admit a larger number of
persons than can safely and freely move about in the space contracted for; and the decision
of the Manager in respect to questions raised under this paragraph shall be final.
9.0
ALTERATIONS, DECORATIONS, AND DAMAGE:
9.1
Last Approved
Sponsor shall not injure, mar, or in any way deface the Facility and shall cause or
permit anything to be done whereby the Facility shall be in any manner injured,
marred, or defaced. Also, Sponsor will not drive, or permit to be driven, nails, hooks,
tacks, or screws into any part thereof, and will not make or allow to be made any
alterations of any kind without the written permission of the Manager.
2
Facility Use Agreement
Page 3 of 6
9.2
If Facility, during the term of this Agreement, shall be damaged by the act, default or
negligence of Sponsor, or Sponsor’s agent, employees, patrons, or any person(s)
admitted to the Facility by Sponsor, Sponsor shall pay the University, upon demand,
such sum as shall be necessary to restore said Facility to its original condition.
10.0 ADDITIONAL USERS:
Sponsor understands and agrees that during the term of this Agreement, other events may
be held in other parts of the described Facility, and Sponsor shall so conduct its activities so
as to not interfere with those events.
11.0 VIOLATION:
If at any time the uses of the Facility by the Sponsor violate an applicable rule, ordinance, or
law of the University, the State of North Dakota, or the United States of America, Sponsor
shall either cease and desist from continuing the use causing the violation or surrender the
Facility forthwith upon demand of the Manager.
12.0 INDEMNIFICATION:
Sponsor agrees to defend, indemnify, and hold harmless the University and its officers and
employees, from and against claims based upon the vicarious liability of University or its
agent(s), but not against University’s comparative and/or contributory negligence or fault,
sole negligence, or intentional misconduct. The legal defense provided by Sponsor to
University under this provision must be free of any conflicts of interest, even if retention of
separate legal counsel for the University is necessary. Sponsor also agrees to defend,
indemnify, and hold the University harmless for all costs, expenses, and attorneys’ fees
incurred in establishing and litigating the indemnification coverage provided herein. This
obligation shall continue after the termination of this Agreement.
13.0 INSURANCE:
Sponsor agrees to obtain, at its own cost and expense, general liability insurance in the sum
of not less than $1 million dollars per occurrence; and Sponsor shall, at the time of the
execution of this Agreement, furnish University with a copy of said policy or a certificate
that such insurance has been issued, and University shall be named as an additional
insured thereunder.
University is allowed to waive liability insurance according to SBHE Policy 909. This
applies only to nonprofit groups and small events. University may, as an alternative to
insurance and at its sole discretion, allow Sponsor to provide liability waivers signed by all
adult participants or a parent or guardian of child participants releasing the University
from liability. In some instances, both insurance and signed liability waivers may be
required. UND Risk Management is responsible for administering this requirement.
13.1 Insurance waived for:
substituted for insurance
Last Approved
nonprofit group
small event OR
waivers
3
Facility Use Agreement
Page 4 of 6
(Initials)
13.2
Both insurance and liability waivers required.
(Initials)
14.0 ASSIGNMENT:
Sponsor shall not assign or transfer this Agreement or sublet any portion thereof without
the written consent of the University.
15.0 INDEPENDENT CONTRACTOR:
Sponsor is an independent contractor and not the agent or employee of the University.
16.0 INSPECTION:
Sponsor agrees that the Manager, or Manager's designee, may enter upon the Facility at all
reasonable times to make inspection in conformity with this Agreement.
17.0 RE-ENTRY BY THE UNIVERSITY:
If the Facility should become vacant during the term of this Agreement, the University, or its
representative, may reenter the Facility without being liable for any prosecution therefor,
and may, at its option, re-rent the Facility and receive the rent, applying it: (1) to payment of
such expenses as may be incurred in reentering and re-renting the Facility; then (2) to
payment of rent due under this Agreement. If, after the payments prescribed above, there is
still an amount owing to the University, Sponsor agrees to pay the balance to the University
on demand. Nothing herein shall be construed as imposing any obligation on the University
to re-rent or attempt to re-rent the Facility, or in any way affect the obligation of the Sponsor
to pay the full of amount of rent due if the Facility is not re-rented.
18.0 DEFAULT BY SPONSOR:
If Sponsor defaults in the payment of the rent, or any part thereof, or defaults as to any of the
terms of the Agreement, the University, at its option, may terminate the Agreement and
reenter the Facility. Notwithstanding the reentry, Sponsor shall pay the full amount of the
rental fee. If a suit or action is instituted by the University to enforce compliance with this
Agreement, the University shall be entitled, in addition to the costs and disbursements
provided by statute, to an additional sum for reasonable attorney's fees in an amount to be
determined by the court.
19.0 ENTIRE AGREEMENT; MODIFICATION:
Last Approved
4
Facility Use Agreement
Page 5 of 6
This Agreement and its attachments, if any, constitutes the entire understanding between
the parties with respect to the subject matter hereof and may be modified only by a writing
signed by both parties.
20.0 SEVERABILITY:
In the event one or more clauses of this Agreement are declared illegal, void, or
unenforceable, the validity of the remaining portions of this Agreement shall not be affected.
21.0 WAIVER:
The failure of either party to exercise any of its rights under this Agreement for a breach
thereof shall not be deemed to be a waiver of such rights, and no waiver by either party,
whether written or oral, express or implied, of any rights under or arising from the
Agreement shall be binding on any subsequent occasion; and no concession by either party
shall be treated as an implied modification of the Agreement unless specifically agreed in
writing.
22.0 NON-DISCRIMINATION:
University and Sponsor agree that neither will discriminate against any individual on the
basis of age, sex, sexual orientation, gender identity race, creed, color, religious belief,
national origin, disability, political belief or affiliation, status with respect to marriage or
public assistance, or status as a disabled veteran or veteran of the Vietnam era, and that the
Sponsor agrees to comply with all non-discriminatory laws and policies that the University
promulgates and to which the University is subject.
IN WITNESS WHEREOF, the authorized representatives of the parties have executed this Agreement
on this
day of
, 20
.
UNIVERSITY OF NORTH DAKOTA
SPONSOR
By
By
Name
Title
(Signature)
(Printed Name)
(Title)
(Address)
(City, State, Zip)
(Phone)
(Email)
Last Approved
5
Facility Use Agreement
Page 6 of 6
For Office Use Only
Rental fee waived 
Justification for waiving fee:
Authorizing signature:
Last Approved
Date:
6
Activities, Events and Short‐Term Rentals Appendix 5 Waiver of Liability, Indemnification, and Medical Release (For Campus Activities Only)
Acknowledgment and Assumption of Risk:
I am aware of the dangers and the risks to my person and property involved in participating in:
____________________________________________________________________________________.
I understand that this activity involves certain risks for physical injury, including, but not limited to:
____________________________________________________________________________________________________
____________________________________________________________________.
I also understand that there are potential risks of which I may not presently be aware. Because of the dangers of participating
in this activity, I recognize the importance and agree to fully comply with the applicable laws, policies, rules, and regulations,
and any supervisor’s instructions regarding participation in this activity.
I understand that the University of North Dakota (University) does not insure participants in the above-described activity, that
any coverage would be through personal insurance, and the University has no responsibility or liability for injury resulting
from this activity.
I voluntarily elect to participate in this activity with knowledge of the danger involved, and I hereby agree to accept
and assume any and all risks of property damage, personal injury, or death.
Waiver of Liability and Indemnification:
In consideration for being allowed to voluntarily participate in the above-referenced event, on behalf of myself, my personal
representatives, heirs, next of kin, successors and assigns, I forever:
a. waive, release, and discharge the University of North Dakota and its agencies, officers, and employees from
any and all negligence and liability for my death, disability, personal injury, property damages, property theft or
claims of any nature which may hereafter accrue to me, and my estate as a direct or indirect result of my
participation in the above referenced activity or event; and
b. agree to defend, indemnify, and hold harmless the University of North Dakota, its agencies, officers and
employees, from and against any and all claims of any nature including all costs, expenses and attorneys’ fees,
which in any manner result from participant’s actions during this activity or event.
I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident or illness
during this activity or event. This release, indemnification, and waiver shall be construed broadly to provide a release,
indemnification, and waiver to the maximum extent permissible under applicable law.
I, the undersigned participant, affirm that I am at least 18 years of age and am freely signing this agreement. I have read this
form and fully understand that by signing this form I am giving up legal rights and/or remedies which may otherwise be
available to me regarding any losses I may sustain as a result of my participation. I agree that if any portion is held invalid,
the remainder will continue in full legal force and effect.
WAIVER OF LIABILITY, INDEMNIFICATION, AND MEDICAL RELEASE Read Waiver Document Before Signing This Sheet
Last Name First Name EMPL ID Passport # For actual waivers visit: http://und.edu/finance‐operations/office‐of‐safety/riskmanagement.cfm Signature