EXHIBIT “A”
TERMS AND CONDITIONS OF USAGE OF THE
STUDENT RECREATION CENTER AT FRESNO STATE
LICENSEE is ________________________________, whose address and phone number is:
______________________________________. LICENSOR is the California State University, Fresno
Association, Inc. With regard to LICENSEE’S usage of the Student Recreation Center at Fresno State
(“PREMISES”) as set forth in the LICENSE AGREEMENT to which these terms and conditions are
attached and incorporated, and as a condition of LICENSOR allowing LICENSEE to use the PREMISES,
LICENSEE agrees to adhere to, honor, and abide by all of the following terms and conditions:
1. EVENTS. LICENSEE shall pay for all risks and all costs and expenses of organizing,
setting up, tearing down, promoting, conducting and participating in the event(s) which it holds and/or in
which it participates in the PREMISES on the dates set forth in the LICENSE AGREEMENT. If during
the term of the LICENSE AGREEMENT, LICENSEE charges admission to an event held in the
PREMISES, conducts concessions and/or merchandise sales (with respect to which advance approval
must be obtained from LICENSOR, which consent LICENSOR may grant or deny in its sole discretion),
LICENSEE shall pay as an additional license fee, fifteen percent (15%) of the gross amount of all
revenues so generated. All license fees (including additional license fees) are due when billed to
LICENSEE, and will accrue interest at the rate of one and one-half percent (1 ½%) per month for
amounts due in excess of thirty (30) days. LICENSEE will also be responsible to pay a deposit at the
time of placing a reservation of the PREMISES in the sum of One Hundred Dollars ($100) for student
and university groups; Two Hundred Fifty Dollars ($250) for non-university groups.
2. INSURANCE AND INDEMNIFICATION. LICENSEE agrees to obtain at its own
cost and expense, and to keep in full force and effect during the use or occupancy of the PREMISES, the
following insurance policies with a company authorized to do business in California. Each policy of
insurance obtained and maintained by LICENSEE must be endorsed to be primary over all other valid and
collectible insurance of LICENSOR and LICENSEE, and the certificate and/or certificates of insurance to
be furnished by LICENSEE to LICENSOR must certify that such policy of insurance has been endorsed
to be primary of all other valued and collectible insurance of LICENSEE and LICENSOR.
Commercial General Liability – (including personal injury, contractual, and products liability)
occurrence insurance only will be accepted, claims-made insurance is unacceptable.
Combined single limit per occurrence coverage for personal and advertising injury,
property damage, products and completed operation $1,000,000.00
Workmen’s Compensation (statutory)
The commercial general liability coverage is to include contractual liability applicable to the
indemnification provision of this AGREEMENT.
LICENSEE shall list as additional insureds, the State of California; Trustees of the California
State University; California State University, Fresno; the California State University, Fresno
Association, Inc.; and all of said entities’ agents, employees, representatives, boards, directors, officers,
divisions, and affiliates (hereinafter “ADDITIONAL INSUREDS”). Fifteen (15) days prior to the
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EXHIBIT “A”
commencement of the licensed use of the PREMISES, LICENSEE shall furnish LICENSOR with a
certificate of insurance and also a copy of original endorsements effecting coverage required by this
clause as evidence that the required coverage is in effect. LICENSEE will be required to furnish
LICENSOR a list of exceptions and exclusions in addition to the certificate of insurance. All insurance
coverage required by this AGREEMENT must carry a thirty (30) day notice of cancellation. All
deductibles arising from insurable events shall be the sole financial responsibility of LICENSEE. All
insurance policies required pursuant to this section 2 shall be endorsed to provide that the underwriters
and insurers waive any subrogation rights against each of the ADDITIONAL INSUREDS.
LICENSEE also agrees that it will protect, indemnify, save and hold harmless the LICENSOR;
the State of California; the Trustees of the California State University; California State University,
Fresno; and all of said entities’ agents, employees, representatives, boards, directors, officers, divisions
and affiliates (“INDEMNITEES”) from and against any and all claims, demands, costs, expenses and
liabilities arising out of LICENSEE’S use or occupancy of the PREMISES, or out of any injury or death
to any person or the damage, loss or destruction of any property which may occur on or in the
PREMISES which may arise, or in any way grow out of any act or omission of the LICENSEE, its
agents, subcontractors, members, participants, guests, servants, and employees or the use and occupancy
of the PREMISES by the LICENSEE or anyone using or occupying said PREMISES as a patron or an
invitee of LICENSEE, and any and all costs, expenses and/or attorney fees incurred by INDEMNITEES,
or any of them, as a result of any such claim, demand, and/or cause of action except for those claims,
demands, and/or causes of actions arising out of the acts or omissions of said INDEMNITEES, their
agents, representatives, employees and subcontractors. LICENSEE’S obligations to indemnify, defend
and hold harmless INDEMNITEES as provided above, shall survive any expiration or termination of the
LICENSE AGREEMENT.
3. EQUIPMENT. If LICENSEE’S usage of the PREMISES will require the acquisition
and/or set up of equipment that is not already present in the PREMISES, LICENSEE shall be responsible
for the cost and expense of acquiring and setting up such equipment. All such setup work shall be subject
to the approval of the LICENSOR.
4. OBSERVANCE OF LAWS, ORDINANCES AND REGULATIONS. LICENSEE
and its members, participants, invitees, agents, guests and employees will observe and comply with all
laws, ordinances, and regulations adopted or established by the United States, the State of California, the
City of Fresno, and Fresno County; and with all rules and regulations of LICENSOR, the Trustees of the
California State University, and California State University, Fresno. LICENSEE will obtain at its own
expense, all licenses, permits and union and trade organization clearances required by any public body or
by contract for use by LICENSEE of the PREMISES.
5. PARKING. LICENSEE shall be responsible to ensure that all of its members,
participants, and invitees purchase parking passes for the dates and times of LICENSEE’S licensed used
of the PREMISES.
6. FOOD AND BEVERAGES. LICENSEE shall ensure that no food or beverages are
provided or distributed by LICENSEE or any of its members, participants, or invitees without first having
obtained the express written consent of the LICENSOR, which consent LICENSOR may grant or deny in
its sole discretion.
7. SPONSORS AND ADVERTISING. LICENSEE shall not at any time advertise or
promote that any event conducted in the PREMISES is supported by any sponsor without having obtained
the advance written consent of the LICENSOR, which consent LICENSOR may grant or deny in its sole
discretion. Additionally, in the promotion of any event or activity to be conducted by LICENSEE in the
PREMISES, LICENSEE shall not use the LICENSOR’S name(s) and/or logo(s) (nor those of FRESNO
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EXHIBIT “A”
STATE or any entity affiliated or associated with FRESNO STATE), without the advance express written
consent of LICENSOR. During the term of the LICENSE AGREEMENT, LICENSEE shall not give
away or otherwise distribute any merchandise, tickets, promotional items, or any other items or benefits
nor allow others to do the same.
8. CONTROL OF PREMISES. LICENSOR reserves the right to control the management
and/or operation of the PREMISES and to enforce all necessary and proper rules for the management and
operation of same. Notwithstanding anything to the contrary, LICENSOR reserves for its manager and
employees the right to enter any part of said PREMISES at any time and on any occasion.
9. SIGNS AND DECORATIONS. LICENSEE will neither post nor erect any decorations,
signs, banners, advertisements or posters of any kind or description on the PREMISES or any portion
thereof unless prior approval has been obtained from LICENSOR, which approval LICENSOR may grant
or deny in its sole discretion.
10. BUILDING OR EQUIPMENT DEFACEMENT OR DAMAGE. LICENSEE agrees
neither to damage, mar, nor in any manner deface the PREMISES equipment and shall neither cause nor
permit anything to be done whereby the said PREMISES or equipment shall be in any manner injured,
damaged, marred or defaced, nor shall LICENSEE make or allow to be made any alteration of any kind
therein without express permission of LICENSOR. Damage to building or equipment shall be the sole
liability of LICENSEE who agrees unequivocally to promptly reimburse LICENSOR for the cost of
repairing damage to the PREMISES or equipment in an amount as reasonably determined by
LICENSOR.
If the PREMISES or any portion thereof shall be damaged by the act, omission, default or
negligence of LICENSEE or LICENSEE’s agents, members, participants, subcontractors, employees,
patrons, invitees, guests, or any person admitted to said PREMISES to attend any event or activity held
therein by LICENSEE, LICENSEE will promptly pay to LICENSOR, upon demand, in cash, a sum equal
to the cost of repairing and restoring the PREMISES to its condition as of the commencement of this
license as deemed appropriate by LICENSOR, or LICENSEE will, at the option of and with the approval
of LICENSOR, make or cause to be made such restoration and repairs at its own expense.
11. LOSS OF USE OF PREMISES. Should the PREMISES or any part thereof be
destroyed or damaged by fire or by any other cause, or if any other casualty, riot or civil disturbance,
strike, act of God, or exercise of the police power or other unforeseen occurrence shall render the
fulfillment of this contract by LICENSOR impracticable, LICENSOR shall not in any case be liable or
responsible to LICENSEE for any damage or loss caused thereby. If because of an emergency such as
but not limited to, an air raid, air raid warning, curfew, riot, civil disorder, or a proclaimed state of
emergency, any performance or any public meeting scheduled or in progress is cancelled or terminated,
LICENSOR shall not be liable or responsible to LICENSEE for any loss or damage caused thereby. In
the event that the herein mentioned situations occur, LICENSEE will only be entitled to the return of any
rental deposit paid and any additional rental due shall be waived.
12. DEFAULT BY LICENSEE. In the event LICENSEE should default in the performance
of any of the covenants contained herein, or in the event LICENSEE should dissolve, cease doing
business as a going concern, or become insolvent or bankrupt, LICENSOR shall have the option to
terminate this license and all of LICENSEE’s rights hereunder, and in the event of such termination,
LICENSEE shall be obligated to pay to LICENSOR, on demand, any damages sustained by LICENSOR
by reason of LICENSEE’s actions or inactions, and the resulting termination of the license, whether
arising because of LICENSOR’s inability to re-license the PREMISES or otherwise.
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EXHIBIT “A”
13. CANCELLATION BY LICENSEE. If LICENSEE contacts LICENSOR and cancels
its reservation for use of the PREMISES no less than two (2) business days prior to the first day of
LICENSEE’S reserved dates, then LICENSEE shall not be responsible for the LICENSEE fee, though
LICENSEE will be required to promptly and completely reimburse LICENSOR for any expenses or
liabilities incurred in anticipation of LICENSEE’S use of the PREMISES. If LICENSEE cancels its
reservation less than two (2) business days prior to the first day of the LICENSEE’S reserved dates or if
LICENSEE fails to timely appear for its licensed usage of the PREMISES, then LICENSEE shall be
responsible to pay LICENSOR for the full price of the licensed use referenced in the LICENSE
AGREEMENT (in addition to any expenses or liabilities incurred by LICENSOR in anticipation of
LICENSEE’S use of the PREMISES).
14. RESPONSIBILITY FOR PERSONAL PROPERTY. LICENSOR shall not be
responsible for any loss or damage to personal property placed in or about the PREMISES belonging to
LICENSEE, its servants, members, participants, agents, subcontractors, guests, patrons and invitees, and
LICENSEE shall hold LICENSOR and all other INDEMNITEES harmless from all claims arising out of
loss of or damage to such personal property. LICENSEE shall remove from the PREMISES immediately
upon the conclusion of an event or activity held by LICENSEE in the PREMISES, all property belonging
to LICENSEE and all property brought into or unto the PREMISES by LICENSEE or by persons
associated with LICENSEE in its use and occupancy of the aforesaid PREMISES. If LICENSEE fails to
remove all such property, LICENSOR shall have the right to cause the removal and storage of any such
property at LICENSEE’s sole risk, cost and/or expense (and to subsequently dispose of such property in
accordance with existing law), but nothing herein shall in any way constitute LICENSOR as a bailee of
any such properties whether owned by LICENSEE or by any other person.
15. ASSIGNMENT AND SUB-LICENSING. LICENSEE may not assign the LICENSE
AGREEMENT, nor shall it sub-license the PREMISES without the prior written consent of LICENSOR,
which consent may be granted or denied in LICENSOR’S sole discretion.
16. WAIVERS. Waiver of one or more terms or conditions of this AGREEMENT shall not
be deemed a modification or waiver of any other provisions of this license. No waiver shall be effective
or binding upon LICENSOR unless it is in writing, duly executed by LICENSOR and LICENSEE, as an
amendment to this AGREEMENT.
17. ASSUMPTION OF THE RISK. LICENSEE is hereby admonished, and is
consequently aware, of the risk and hazards involved in sports and fitness activities. LICENSEE
acknowledges and agrees that it is voluntarily electing to utilize the PREMISES and/or participate in
programs held therein, and that LICENSEE voluntarily and completely assumes all risks of loss, damage,
injury or death that may be sustained by it or any of its participants, members, or invitees while
participating in activities within the PREMISES. LICENSEE also agrees to advise all of its participants,
members, and invitees to review their personal circumstances in order to determine if they have adequate
insurance or protection in case of injury or loss resulting from the use of the PREMISES.
18. TAXES. LICENSEE acknowledges that the PREMISES is located on real property that
is owned by the State of California and that consequently, LICENSEE’S use thereof for the purposes
specified in the LICENSE AGREEMENT may constitute a possessory interest that is or may be subject to
taxation by the State of California and/or the County of Fresno and/or other governmental taxing
agencies. LICENSEE agrees to promptly and timely pay any and all such taxes and assessments
regardless of whether the same are assessed in the name of LICENSEE, the Student Recreation Center,
the LICENSOR, the University, or the Trustees of the California State University, and to indemnify,
defend and hold harmless the LICENSOR, the University, and the Trustees of the California State
University therefrom.
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EXHIBIT “A”
19. ATTORNEY FEES. In case suit or action is instituted by LICENSOR to enforce
compliance with this AGREEMENT, LICENSOR shall be entitled to recover reasonable attorney fees
(including costs of usage of in-house counsel) from LICENSEE in addition to the costs and disbursements
provided by statute.
20. APPLICABLE LAW. This AGREEMENT shall be governed by, construed and
enforced in accordance with the laws of the State of California. With regard to any disputes that may
arise out of this AGREEMENT, the parties consent to the jurisdiction of the courts of the State of
California, and agree that venue of any such action is exclusively proper in the County of Fresno.
IN WITNESS WHEREOF, the signature in the space below evidences LICENSEE’S assent to the
foregoing terms and conditions.
LICENSEE:
_______________________________________
Name of Company
____________________________________
Signature of Authorized Officer
________________________________________
Printed Name of Authorized Officer
________________________________________
Telephone number
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