TERMS AND CONDITIONS OF APPLICATION

If granted use of the facility, Applicant, by signing this Application, agrees as follows:

1. Applicant will comply with all applicable federal, state, and local laws, ordinances and regulations affecting the facility or affecting any use of the facility. Applicant shall also comply with all Omaha Public Schools’ policies, rules, regulations, practices and procedures that govern the use of this facility and which are in effect at the time of such use. Applicant acknowledges receipt of the Omaha Public Schools pamphlet “Community Use of Facilities.” The terms of such pamphlet that are in effect at the time of use of the facility are incorporated in this application, and Applicant agrees to comply with its terms.
   
   
2. Applicant agrees that Applicant will reimburse the Omaha Public Schools for the cost of repair of all damage (including any necessary replacements) to the facility or the damage or loss of any property which is caused by Applicant, or Applicant’s employees, contractors, agents, or invitees. Applicant agrees that the Omaha Public Schools may, in its discretion, require a damage deposit from Applicant prior to use of the facility.  In such event, the Omaha Public Schools may utilize such damage deposit to reimburse the Omaha Public Schools for the repair and replacement of any damage to the facility or property. Such damage deposit shall not be deemed a limitation on any liability of Applicant to the Omaha Public Schools. Applicant further agrees to indemnify the Omaha Public Schools and its board members, officers, and employees from any claim, loss, damage or injury arising from any act or failure to act by Applicant, or Applicant’s employees, contractors, agents or invitees. Applicant must be insured with a Commercial General Liability Policy. A certificate of insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 must be provided to the Department of District Operational Services before using the facilities. Omaha Public Schools must be named as the Additional Insured for General Liability.
   
   
3. The Omaha Public Schools reserves the right, due to an emergency, adverse weather conditions, unanticipated school need for the facility, or a condition rendering the facility unfit for the intended use, to cancel the permit or to postpone the use to another time. Whenever schools are closed as a result of inclement weather, all permits for that period will be automatically postponed. The Omaha Public Schools shall incur no liability to Applicant due to such cancellation or postponement, and Applicant hereby waives and releases any claim against the Omaha Public Schools for any such cancellation or postponement. In event of cancellation or postponement, the Omaha Public Schools shall, wherever practicable, reschedule such use to a mutually agreeable time or relocate the use to a mutually agreeable and comparable Omaha Public Schools facility.
   
   
4. Applicant agrees to use the facility only for those uses and at those times specified in the Application and approved by the Omaha Public Schools. Applicant may not assign its use permit or any rights thereunder, and such permit allows use by Applicant and Applicant’s employees, contractors, and invitees. Applicant shall pay for all charges for such facility use at the time the permit is approved, in accordance with the Omaha Public Schools’ rate schedule then in effect. Custodial charges shall be computed beginning thirty minutes before and ending thirty minutes after the time allotted for use of the facility on the use permit.
   
   
5. In addition, the Omaha Public Schools may cancel a permit previously granted for any one or more of the following reasons:
   • Failure to pay any applicable fees or charges for use of the facility
   • Failure to pay any fee or charge for any prior use of any school facility or to reimburse the Omaha Public Schools for any damage to any facility or other Omaha Public Schools property caused during a prior use
   • Any violation of the terms and conditions of this Application; and
   • Evidence satisfactory to the Omaha Public Schools that Applicant’s use of the facility will violate any of the terms and conditions of this Application.
6. The Omaha Public Schools shall incur no liability to Applicant due to such cancellation, and the Applicant hereby waives and releases any claim against the Omaha Public Schools for such cancellation. The terms and conditions of this Application shall be binding on Applicant and Applicant’s heirs, personal representatives, successors, and assigns. The terms and conditions of this Application can only be modified with the written consent of the Chief Operations