SPORTS CAMP AGREEMENT

Transcription

1 SPORTS CAMP AGREEMENT This agreement ( Agreement ) is made this day of, 20 by and between The University of Cincinnati, a state institution of higher education organized under Section 3361 of the Ohio Revised Code, having a principal place of business at 2600 Clifton Ave., Cincinnati, Ohio ( University ), and, a corporation organized under the laws of the state of Ohio, having a principal place of business at ( Business ), and ( Coach ) ( Business and Coach shall be referred to collectively herein as Camp Sponsors ). WHEREAS Camp Sponsors are desirous of conducting a sports camp for children and youth utilizing University athletic facilities ( Camp ); and WHEREAS the University is willing to make available certain athletic facilities ( Facilities ), identified in Attachment A to this Agreement, provided that the Camp is conducted in complete compliance with the University of Cincinnati 2011 Summer Camp Policy ( Summer Camp Policy ), all other applicable University rules, policies and procedures, and all applicable local, state and Federal law and regulations; NOW THEREFORE, in consideration of the mutual benefits and responsibilities set forth below, the parties agree as follows: 1. TERM/TERMINATION. a. This Agreement shall commence on the date set forth above and shall expire on unless terminated sooner or extended in accordance with the provisions hereof. b. This Agreement may be terminated by the University for the Camp Sponsors violation of any of the provisions or conditions contained herein, or in the event the University determines in its discretion that the use of the Facilities is or may be undesirable, offensive, unacceptable for educational and cultural uses or may cause damage to the University property, the University s furnishings or equipment located on the University property or injury of persons lawfully on the University property. c. This Agreement shall be deemed automatically terminated in the event that Coach ceases to be Head Coach at the University or in the event the Business closes, ceases doing business in the manner in which it presently operates, files any petition under any federal or state bankruptcy statute, or is adjudicated bankrupt or insolvent, or sells, assigns or otherwise transfers ownership of the Business. 1

2 2. FACILITIES PROVIDED. a. The Facilities to be provided by the University under this Agreement for the exclusive purpose of operating the Camp, and the times and dates on which they will be provided, are set forth in Attachment A to this Agreement. This Agreement relates solely to the Facilities listed in Attachment A. This Agreement does not relate to food service, recreational facilities, residence halls, classrooms, meeting rooms or any other services or facilities of University that are or may be desired by the Camp Sponsors. The University s obligation to provide any such services or facilities only arises if Camp Sponsors and University execute separate agreements for such services and facilities. b. Camp Sponsors shall not injure, mar, or in any manner deface the Facilities and any other contiguous or surrounding property or permit the same to be done, and Camp Sponsors shall pay for all damages to the Facilities, including the building, equipment, furniture and other property, except for such damages arising from the acts of the University, its agents or employees. 3. EQUIPMENT. Camp Sponsors may use the University equipment set forth in Attachment B to this Agreement, at the times and on the dates therein indicated, in connection with Camp Sponsors use of the Facilities. ( Equipment ) Camp Sponsors shall not use any other University equipment without the express consent of University. Camp Sponsors are responsible for inspecting the Equipment before its use, and accept the Equipment in AS IS condition. The Equipment shall be used only for its intended purpose. Camp Sponsors are responsible for cleaning and maintaining the Equipment and repairing any damage to the Equipment resulting from Camp Sponsors use. Camp Sponsors are responsible for transporting Equipment to and from University storage, as well as set-up and tear-down of Equipment, using Camp Sponsors vehicles and personnel. Camp Sponsors are responsible for all lost or stolen Equipment. Upon expiration or termination of this Agreement, Camp Sponsors shall return all the Equipment to the University in the same condition as existed when delivered for Camp Sponsors use, normal wear and tear excepted. 4. COMPLIANCE WITH APPLICABLE POLICIES, RULE AND LAWS. a. Camp Sponsors have read, understand and agree to operate the Camp in compliance with the Summer Camp Policy, a copy of which is attached to this Contract as Attachment C and which is incorporated herein in its entirety and the governing rules of the NCAA. 2

3 b. Camp Sponsors further agree to operate the Camp and to use and occupy the Facilities in compliance with all other applicable University policies, regulations and procedures, and all local, state and federal ordnances, regulations and laws, including, without limitation, fire codes and other ordinances, regulations and laws related to health and safety. c. Camp Sponsors shall not discriminate against any person or group of persons on the basis of race, color, creed, sex, age, national origin, ancestry, religion, marital status, disability, sexual orientation or gender identity or expression. 5. SUPERVISION AND TRAINING. a. The Camp Sponsors shall be solely responsible for the conduct of all persons using the Facilities or while on University property at its express or implied invitation under the terms of this Agreement. b. The Camp Sponsors shall be responsible for supervising its officers, agents, employees, guests, patrons, or invitees while anywhere on University property and shall provide qualified, properly trained and responsible adult supervisors to ensure compliance with all rules, regulations and procedures for use of the Facilities throughout the entire term of this Agreement. Camp Sponsors shall also employ suitably qualified athletic trainers as required by the Summer Camp Policy in numbers appropriate to the risks of the camp activity and the medical needs of camp participants in order to minimize the risk of illness or injury to attendees. c. The Camp Sponsors shall conduct all background checks of its agents and employees as are required by applicable local, state and Federal laws. d. The Camp Sponsors are responsible for providing all necessary and appropriate safety instruction to all of its employees and to all participants and attendees at the Camp. e. Notwithstanding the foregoing, University reserves the right at all times to eject anyone whose conduct is unlawful or is interfering with the reasonable enjoyment or participation of others using the Facilities. 6. INDEMNIFICATION, HOLD HARMLESS, AND INSURANCE. a. The Camp Sponsors shall indemnify and save harmless the University, its officers, its agents, its employees and the State of Ohio from all loss, cost, and expense arising out of any liability or claim of liability for injury or damages to persons or property sustained or claimed to have been sustained by any one whomsoever, by reason of the use or occupancy of the Facilities under this Agreement, whether such use is authorized or not, or by any act or omission of 3

4 Camp Sponsors or any of its officers, agents, employees, guests, patrons, or invitees. Camp Sponsors are responsible for any and all damage to the property of the University, or loss or theft of such property, done or caused by such persons. b. University assumes no responsibility whatsoever, for any property placed in the Facilities by Camp Sponsors, its employees, its agents, its guests, its patrons, and its invitees, and the University is hereby expressly released and discharged from any and all liabilities for any loss, injury or damages to persons or property that may be sustained by reason of the use of the Facilities under this Agreement. c. Camp Sponsors further agree to purchase at its own expense a comprehensive general liability insurance policy, including public liability and property damage, written by a company licensed to do business in the State of Ohio and acceptable to the University, covering Bodily Injury and Property Damage for an amount not less than $1,000, Combined Single Limits. This insurance shall include coverage for legal liability to participants and coverage for sexual abuse and molestation. Camp sponsor shall also maintain accident and health insurance covering injuries to participants in the course of camp activities. The University shall be named as an additional insured in any insurance policy required hereunder. The Camp Sponsors agree that the insurance purchased hereunder shall be primary coverage and will contain no terms allowing the insurer to be subrogated to the rights of any injured or damaged person or entity. d. A certificate evidencing the insurance as required under this Agreement shall be delivered to the University no later than May 1 of the calendar year in which the Camp will be operated. Each such certificate shall contain a valid provision or endorsement that the policy may not be cancelled, terminated, changed, or modified without giving ten days written notice to the University. 7. FORCE MAJEURE. If the Facilities are rendered unsuitable for the operation of the Camp by reason of Force Majeure, the University and the Camp Sponsor are released from their obligations as they pertain to the Camp. Force Majeure shall mean fire, earthquake, hurricane, flood, act of God, strikes, work stoppages, or other labor disturbances, riots or civil commotions, war or other act of any foreign nation, power of government, or governmental agency or authority, or any other cause like or unlike any cause mentioned which is beyond the control of the University. The University shall not be responsible for any damages sustained by Camp Sponsors arising out of any of the aforesaid causes. 8. INJUNCTIVE RELIEF. Camp Sponsors acknowledge that their breach or threatened breach of this Agreement will result in immediate and irremediable damage to the University and that money damages alone would be inadequate to compensate the University. Therefore, in the 4

5 event of a breach or threatened breach of this Agreement by Business, the University may obtain and enforce injunctive relief prohibiting the breach or threatened breach. 9. RELATIONSHIP OF PARTIES. Nothing herein contained shall be construed to place the parties in the relationship of partners, joint venturers, or agents, and Camp Sponsors shall have no power to obligate or bind the University in any manner whatsoever, and the University does not in any way represent itself as a guarantor of the quality of any product or service produced or provided by Camp Sponsors. 10. WAIVER. No waiver by either party of a breach or a default hereunder shall be deemed a waiver by such party of a subsequent breach or default of a like or similar nature. 11. SEVERABILITY. In the event that any term or provision of this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other term or provision and this Agreement shall be interpreted and construed as if such term or provision, to the extent the same shall have been held to be invalid, illegal or unenforceable, had never been contained herein. 12. INTEGRATION. This Agreement represents the entire understanding between the parties hereto with respect to the subject matter hereof and this Agreement supersedes all previous representations, understandings or agreements, oral or written, between the parties with respect to the subject matter hereof and cannot be modified except by a written instrument signed by the parties hereto. 13. APPLICABLE LAW. This Agreement shall be governed by the laws of the state of Ohio. /Signatures on Next Page/ 5

6 By their execution below, the parties hereto have agreed to all of the terms and conditions of this Agreement. The University of Cincinnati Business Name By: By: Title: Title: Date: Date: Coach Date: 6