University of Massachusetts Boston Campus Center Conference Services
These are the Terms of Agreement between the University of Massachusetts Boston and the Event Sponsor to establish the policies of hosting an event at the University of Massachusetts Boston Campus Center. 1. License to use facility: It is understood by the parties that this Agreement constitutes a license, not a lease, and that the relationship of the parties hereunder is that of licensor and licensee, and not that of landlord and tenant. The University may terminate this Agreement by written notice if Event Sponsor, in University’s discretion, no longer meets eligibility requirements for using University resources. Assigned space may be changed to make best use of the facilities for all University purposes. 2. Location, Date and Time: See event confirmation and /or invoice for event location, date and logistical details. 3. Fees: The Event Sponsor agrees to pay the fees as outlined in the invoice document for this event. These charges may include but not be limited to: registration/booking, set-up staffing, equipment/resources, public safety details, on-duty event staff, parking, catering fees (including permits), Massachusetts Sales (and Meals) Tax, and other charges dictated by the particulars of the event. The University strongly encourages use of the University of Massachusetts Boston contracted food service vendor for all catering. If an alternate is chosen, the Event Sponsor understands that the kitchens and serving facilities will not be available. A Catering Facility Fee will be added to the Event Sponsor’s invoice whenever the contracted food service vendor is NOT used to cater an event. The event sponsor will pay a fee based on the number of event attendees. This fee does not apply to catering provided by the University’s contracted food service vendor. The Event Sponsor, in conjunction with the non-contract caterers, will also be responsible for complying with the University of Massachusetts Boston Campus Center Non-Contract Catering Agreement including provision of permits, insurance, and a damage/liability deposit. University contracts with other third party vendors for equipment and furnishings or food services on behalf of the Event Sponsor will be subject to a 20% overhead charge which will include applicable Massachusetts Sales Taxes, when applicable. 4. Deposits and Payments: At the time the reservation is made, a deposit equal to one quarter (1/4) the total estimated charges is due. Full payment is required 30 days prior to the event date. Additional charges due to adjustments made after full payment deadline will be billed at time of request and are due immediately. Some charges or services may require a security deposit or credit card before being rendered. The University accepts credit cards (MC, VISA, AMEX); Purchase Orders, corporate and personal checks; bank checks, money orders, and cash (US currency only). Checks must be received at least two weeks prior to the payment deadline date to ensure clearance. 5. Damages and Loss: Upon conclusion of the event, University facilities and equipment will be checked for damages or loss. The Event Sponsor is responsible for repair and replacement including the reasonable costs to secure the replacement or repair. 6. Outside Vendors: The Event Sponsor agrees to honor the established union-organized staff of the University and to engage University labor for work covered by bargaining unit agreements. Outside vendors are required to sign a separate contractual agreement with the University. This agreement establishes the vendor’s legitimacy, their awareness of our policies and facility fees, and their need to provide proof of liability insurance coverage If the Event Sponsor enters into 3rd party contractual agreement(s) for services or equipment to be provided in the facility for the event, the University must review the contract for compliance for University standards, policies, laws and regulations. The University reserves the right to reject, in whole or in part, any provisions of 3rd party agreements. 7. Permits: The University must receive evidence of all necessary permits as are normally required for such events. Alcohol permits will be the responsibility of the caterer. The University expects assistance from the Event Sponsor for obtaining such permits. 8. Insurance: Event Sponsor agrees to maintain insurance coverage in the minimum amounts listed below for the duration of the Agreement: a. Event Sponsor – i. Workers Compensation in the statutory amount required by Law; ii. Employer's liability having a single limit of not less than $500,000 per occurrence; iii. Commercial General Liability having a combined single limit (bodily injury, property damage and personal injury) of at least $1,000,000. ($2,000,000 aggregate per project) including Liquor Law Liability; iv. Automotive Liability having a single limit of $1,000,000; v. Certificate of Insurance naming the University as additionally insured must be received at the University two weeks prior to the event; b. The University is otherwise subject to the liability limits in Massachusetts General Law c.258 9. Assignment: This Agreement cannot be assigned to another party without the written permission of the University. 10. Affiliation: Event Sponsor shall not represent or imply that it is affiliated in any way with the University other than as a licensee, and Event Sponsor shall not represent or imply that its activities are endorsed or approved by the University
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11. Indemnification: Each of the parties agrees to indemnify and hold the other party and its respective subsidiaries, affiliates, directors, shareholders, and employees free, clear, and harmless from any and all liability, judgments, claims, costs, expenses (including reasonable attorneys’ fees), and demands of any kind, including damages for personal injury or property damage or both, arising out of, or by reason of any act, omission, or negligence of the indemnifying party or its respective agents, employees, servants or contractors, in any manner connected with the event. 12. Failure to Perform: Neither party will be responsible for the performance of its obligations under this Agreement if such party is unable to perform such obligations due to circumstances beyond its control, including without limitation acts of God, fires, floods, wars, and civil disturbances, acts of terrorism or governmental actions. In the event of such an occurrence, this agreement will be terminated and the University will return any deposits, minus University expenses to date, paid prior to such occurrence, and no penalties or other additional charges will be imposed on either party. 13. Governance: The validity, interpretation and effect of this Agreement shall be governed by the laws of the Commonwealth of Massachusetts. The laws of the Commonwealth of Massachusetts shall govern all rights, remedies, obligations, and liabilities arising pursuant to this agreement. The Event Sponsor is subject to all applicable state and federal laws and University rules and regulations, including but not limited to those contained in the agreement. 14. Other Provisions: a. Per Chapter 55 of the Massachusetts General Laws, solicitation or receipt of political campaign contributions in a public building is prohibited. b. Discrimination based on political party affiliation is prohibited by the University. c. Lit candles are not permitted in the facility. Electric candles can be arranged through the Conference Services office. 15. ADA compliance – The facilities are ADA compliant. If accommodations are needed contact the Campus Center Conference Services office two weeks prior, at (617) 287-4800 or email campus.center@umb.edu 16. Parking – Parking is available in University garages and lots at the established daily rate. Public transportation is available via MBTA busses and the JFK/UMASS Red Line stop. Free shuttles from JFK/UMASS run throughout the day. Busses may park for free with advance coordination through the Conference Services office. 17. Cancellation of event: Severe weather or other states of emergency may require the shutdown of the University campus. Snow cancellations are routinely announced through Boston television and radio including WBZ-TV and radio, WCVB, and WHDH, television, and WRKO radio and on the University’s website. University event staff monitor weather conditions routinely and will contact Event Sponsors if there is cause. If cancellation is by the University or the Event Sponsor due to inclement weather or other emergency conditions an alternate date based upon availability will be arranged. If an event is cancelled for other reasons and cannot be mutually rescheduled, the payments may be reimbursed, less incurred University expenses, according to the schedule below. Date of cancellation 0-30 days before event 30-60 days before event 60-90 days before event 90 + days before event Charges due to cancellation 100% 50% 25% WAIVED
Signed:
______________________________
For Event Sponsor
________________________________
For University of Massachusetts Boston
_______________________________ Date
_________________________________ Date
Please review and return a signed original with: _____ Certificate(s) of Insurance (see section 12) _____ Tax-Exempt Certificate (ST-2 or ST-5), if applicable ____ Approved Caterer ________________________ ____ Alcohol permit on file
_____ 25% deposit (due at time of reservation) or full payment (required 30 days prior to event).
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