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Governing the Rental of Spaces Controlled by the WMU Lee Honors College

General Usage

The Lee Honors College (LHC) spaces are intended primarily as an educational and cultural resource for the activities of the Lee Honors College at �鶹��ý. First priority in their use, therefore, will be assigned to programs and events sponsored by the Lee Honors College. Priority will also be given to programs sponsored by �鶹��ýs, faculty and staff directly affiliated with the Lee Honors College, followed by Lee Honors College alumni and other WMU departments and organizations. These spaces will also be available to other agencies of government and to non-profit associations on an individual program rental basis for such purposes that are compatible with or enhance the mission of the University. Local business and industrial organizations wishing to present programs of an educational nature may also rent the spaces providing the proposed activities are in compliance with LHC facility usage regulations and University policies. All requests for space must be submitted at least two (2) weeks prior to intended date of use.

Approval of Lee Honors College Space Usage and Usage Agreement

Sponsors should check with the Building Coordinator of the Lee Honors College for tentative approval and tentative holds on the date(s) desired for program(s). The representative of the sponsoring organization and the Building Coordinator will then discuss, in detail, the programming involved. If usage is acceptable under operating policies, the Building Coordinator will then prepare an estimated cost of the proposed rental and send the Sponsor two copies of the Building Usage Agreement form for signature. Both copies are to be returned to the Building Coordinator, who will then countersign the agreement and return one copy to the sponsoring organization.

Program Content

Because presentations in these spaces reflect not only on the Lee Honors College, but also on the University, it is required that the quality of all programs be such that they meet the standards and policies of the Lee Honors College and the University. WMU reserves the right to reject any program, exhibition or performance which the University deems to be in conflict with federal and state laws, or with the polices of the University.

Equipment Limitations

The Lee Honors College does not have staffing available to provide theatrical production in its spaces.  Furthermore, no props, set pieces, or scenery may be used if they require being fastened to the floor or walls or being hung from above, and no materials may be used which would damage any surface and/or finish. We reserve the right to PROHIBIT any “surprise” activity even at the last minute. Should any of the facility’s equipment need to be augmented or substituted by the Sponsor, said Sponsor will be responsible for provision of such equipment as well as cost of installation. WMU reserves the right of approval of any and all equipment provided by the Sponsor. Equipment MUST be returned to the condition in which it was found prior to Sponsor’s departure.

Fees

All Applicable rental and special equipment fees and designated hourly fee for employees must be received by the Lee Honors College at least one week prior to the scheduled event (check payable to �鶹��ý Lee Honors College). Failure of payment at that time may cause the event to be removed from the schedule. Time-and-a-half overtime applies after employees work eight hours in one day OR for any time worked between midnight and 7:00 a.m. When a WMU account is being used for payment, the total amount due including rent and employee costs will be electronically transferred from the indicated account by the Lee Honors College within one week following the program date.

Restricted and Off-limit Areas

The Sponsor agrees that it will not use or enter any areas of the Lee Honors College designated by WMU to be restricted or off-limits, and will ensure the same compliance by its employees, artists, performers, guests, members, and other attendees of the event.

Piano

The Lee Honors College must approve the use of its piano. Approval will be based on the appropriateness of the music to be played as well as the qualifications of the performer. If the piano requires tuning to meet the needs of the Sponsor, the Sponsor is responsible for covering the cost of the tuning at the rate paid by the LHC to its designated tuner.

Staff

The staff needed for the operation of any program will be determined by the Building Coordinator, supplied as needed, and paid for by the Sponsor. If no staff members are available for the desired event time, the honors college will be unable to accommodate the request for space.

Program Announcement

Program announcements and other advertising shall in no case precede the signing of the Building Usage Agreement by the Building Coordinator.

Product Sales

All WMU and State of Michigan regulations associated with on-campus product sales must be honored. Product sales must be declared in advance, at which time the Sponsor will be referred to the Lee Honors College Finance Analyst for details. If the regulations cannot be honored, sales will not be allowed.

Admission Fees

There is usually no objection to charging an admission fee for an event or for taking donations, but such intentions must be declared in advance and the Lee Honors College reserves the right to deny such permission. The Sponsor is then responsible for all aspects of collection. The intended procedure must have Lee Honors College approval.

Access

Access to the spaces open to the public for all programs is one hour prior to the starting time stated on the Building Usage Agreement, unless specifically arranged with the Building Coordinator in advance.  The spaces must be vacated within one hour following the ending time stated on the Building Usage Agreement, unless specifically arranged with the Building Coordinator in advance.

Promotional Materials

The Lee Honors College reserves the right to distribute promotional material concerning its own programs or any general University program at any event held in the Lee Honors College. Any material other than that noted above must be related to the event in progress or a future event to be presented by the Sponsor, and must be approved in advance by the Building Coordinator.

Displays

Displays may be located in the lobby or other spaces only with the advance approval of the Building Coordinator. Such displays may not be fastened to any part of the building. The Sponsor must supply the equipment. These displays may be limited by the Building Coordinator and must be located so as not to interfere with crowd movement. The Sponsor agrees that WMU may remove any unauthorized displays or items, and Sponsor waives any claims against, and shall indemnify WMU for, such removal.

Food and Beverage

Food and beverages are allowed provided the content of the menu has been cleared and approved by the Building Coordinator.

Alcohol

Alcoholic beverages shall not be used, distributed, or permitted by the Sponsor without the express written consent of WMU via Timothy Kellogg, the University’s appointed legal affairs representative. WMU retains exclusive rights relative to concessions at the facility. The Sponsor, in consultation with WMU, must make arrangements with WMU catering personnel for any special concessions. The Sponsor also agrees to comply with any WMU contract that requires the serving of a particular brand of food or beverage.

Smoking, Non-legal Drugs, or Controlled Substances

The WMU campus is a smoke-free environment. Any infraction of smoking regulations or possession/use of illegal drugs or controlled substances can be cause for ending the event, and the clearing and closing of the space.

Safety Regulations

The Sponsor, its employees and agents shall observe all safety regulations, as required by the University. Dangerous materials (firearms, flames, explosives) are strictly forbidden in the facilities. WMU reserves the right to eject or cause to be ejected from the premises any and all persons causing disruptions, danger, disturbances, and/or other behavior that WMU deems objectionable. Neither �鶹��ý, its governing board, officers, employees, or agents shall be liable to the Sponsor, and the Sponsor shall indemnify the University, for any damages, claims or liability that may be incurred through the exercising of such right.

Compensation of Security Personnel

The Sponsor is responsible for compensating all WMU security personnel who are hired by the Sponsor or WMU for the preparation and execution of the event.

Capacity and Crowd Control

A larger number of persons than can safely and freely move about in the authorized areas shall not be admitted to the facilities. WMU retains the right to approve all crowd admission and control procedures.

Cameras and Recording

In order to preserve the dignity of the performance and to show courtesy to the audience and artist, cameras, video, and audio recording devices shall not be permitted at program time. Exceptions to the above may be made and mutually approved by the Sponsor, the Building Coordinator, and the artist or his/her agent.

Radio and Television

The granting of permission to broadcast via radio or television (either live or delayed) can be given only in special cases and the Sponsor should be aware that preparation for such broadcasting would probably cause them additional costs. The procedure for obtaining this permission will be as follows:
The Building Coordinator must approve that the program is such that the technical aspects could be handled in the time available. Written permission must be obtained by the Sponsor and one copy presented to the Building Coordinator. The artist or his personal manager must sign a recording or broadcast release in advance, and the Sponsor shall obtain all other authorizations and/or releases deemed appropriate by WMU. WMU reserves the right to approve and coordinate installation of the Sponsor’s telecommunications equipment. WMU reserves all broadcasting and recording rights unless it grants permission. Sponsor shall pay all costs in connection with the televising or broadcasting of any event.

Late Closing Hour

The Building Usage Agreement will contain the latest closing hour for the event. At this hour, the Building Coordinator or her designee will decide whether to clear the facility and close the building or allow the event to continue. If the event is allowed to continue after this time, the Sponsor will be responsible for payment of extra wages for the staff.

Emergencies

It is understood that final decisions causing cancellation or delay of the event, due to any emergency such as “tornado warning, air raid, bomb scare, etc.” are the decision of the Building Coordinator or her designee and the University Department of Public Safety.

Cancellation Due To Emergency

Should the Lee Honors College be damaged to the extent that it substantially interferes with the use of facilities by the Sponsor, or should a strike, public emergency, riot, or other unforeseen occurrence beyond the control of the Lee Honors College prevent the Sponsor from using the facilities, the Lee Honors College or Sponsor shall have the right to terminate this agreement and the Sponsor shall be liable only for the charges due at the time of termination. The Sponsor releases and waives any claims against WMU, including the Lee Honors College, for damages and/or compensation due to the cancellation.

Damage and Cleaning Payments

The Sponsor will be liable and agrees to pay for any loss or damage to the Lee Honors College, Lee Honors College equipment, and other equipment belonging to professional talent, entertainers, or others brought in by the Sponsor, or equipment rented or leased by the Lee Honors College on behalf of the Sponsor, and for any cleaning or janitorial services necessitated by the Sponsor’s use of the facilities. The Sponsor shall promptly pay for all such loss, cleaning services, or damage upon invoice by the University.

Artist Contracts

Sponsor contracts for acts, artists, and teachers shall not be contrary to any laws or University policies and shall be submitted to the Building Coordinator in the Lee Honors College for review and approval before the Usage Agreement is signed.

Advance Deliveries

The Sponsor understands that any advance deliveries that must be sent to the facilities should be addressed as follows:

    (Name of Event or Sponsor)
    c/o Lee Honors College
    �鶹��ý
    1903 W Michigan Ave
    Kalamazoo, MI  49008-5244

It is further understood that all receiving for the Lee Honors College is handled through the University, which may mean an extra day in delivery time to the Lee Honors College. Cost of deliveries is the responsibility of the Sponsor. It is further understood that such advance deliveries are contingent on the Building Coordinator’s approval and determination that there is room for storage of same for the necessary period.

Equipment and Materials Damage

WMU is not responsible for any damage to or loss of materials or equipment stored or kept in the facility by the Sponsor.

Clearing

It is understood that the Sponsor must clear the facilities and remove all of its equipment before leaving the building on the day/evening of the event and, in all cases, the building must be cleared no later than one hour following the event as listed in the contract. Anything not cleared by the time listed above will be deemed abandoned for disposal by WMU or – at WMU’s option – be subject to transfer by commercial movers, at the expense of the Sponsor, to the address of the Sponsor as listed on the Building Usage Agreement. Sponsor shall also pay WMU personnel to remove the equipment as well as pay rental for each additional day the equipment or other property is not so removed.

Parking

It is further agreed and understood that the Sponsor, its agents, employees, and patrons will be subject to all WMU traffic and parking regulations and directions as deemed appropriate by WMU for the event and as provided in the Traffic, Parking, and Pedestrian Ordinance of �鶹��ý existing as of the date of the event concerned.

University Sponsorship

WMU is not to be deemed a sponsor or co-sponsor of the activity of the Sponsor. No use of the WMU logo or registered marks is allowed without the University’s approval. The Sponsor, its employees, agents, contractors, participants, and spectators are responsible for complying with all applicable laws, institutional policies, and facility rules and regulations.

Indemnification; Release; Assumption of Risk

In consideration of being permitted to use WMU’s facilities and/or equipment, the Sponsor agrees to assume all risks, and to release, indemnify and hold harmless WMU, its Board, president, officers, employees, �鶹��ýs, and agents from and against any and all costs, losses, damages, liabilities, expenses, demands, and judgments, including court costs and attorney fees, which may arise out of or be consequent upon use or occupancy of the WMU facilities or equipment by the Sponsor, its officers, employees, agents, guests, invitees, the performers or artists it brings in for performances, or consequent upon or arising from the Sponsor’s failure to comply with any laws, statutes, ordinances, codes, rules or regulations, and breach of Sponsor’s obligations under this Building Usage Agreement, including or in connection with such liability caused by or arising out of death or injury to any person or damage to property, or occurring due to defamation, copyright infringement, or otherwise.

Non-waiver

The failure of WMU to exercise any of its rights under this Building Usage Agreement shall not be deemed to be a waiver of such rights or any other rights arising under this Agreement, nor shall it be binding on any subsequent occasion, and no concession by WMU shall be treated as an implied modification of the Agreement unless specifically agreed to in writing by WMU.

Nondiscrimination and Disabilities Regulations

WMU is an Affirmative Action-Equal Opportunity institution and follows all regulations regarding hiring personnel under these laws. WMU also has institutional policies prohibiting discrimination. The Sponsor agrees to comply with all applicable federal and state laws and institutional rules, regulations, and policies, applicable to WMU and as may be amended from time to time. Except as permitted otherwise by law, Sponsor agrees not to discriminate on the basis of sex, race, creed, age, color, national origin, religion, height, weight, marital status, sexual orientation, disability, status as a disabled veteran or veteran of the Vietnam era, and to comply with all other non-discriminatory laws and policies to which WMU is subject. Sponsor is responsible for arranging for and paying all costs to provide reasonable accommodations to individuals with disabilities in conjunction with Sponsor’s use of facilities, including any modifications of the facilities and payment for interpreters of the performance.

Governing Law

This Agreement shall be governed by and construed under the laws of the State of Michigan, and all lawsuits by the Sponsor shall only be filed in the Court of Claim, Michigan. However, Sponsor agrees to attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation with the Building Coordinator in the Lee Honors College, and shall not file any lawsuits unless the matter has not been resolved within sixty days after the Sponsor’s notice. All negotiations pursuant to this clause shall be confidential to the greatest extent permitted by law and court rule, and shall be treated as settlement negotiations for purposes of rules of evidence.