DAVIDSON COLLEGE CONFERENCE AND FACILITY AGREEMENT

The following constitutes an agreement between Davidson College  We are entered into agreement on this ____ day of _____________, 200_.

THE FOLLOWING IS AGREED UPON:

I.  The Program:  The College agrees and does permit the Client to conduct a program of ______________ (“the program”) at and in facilities owned and operated by the College upon the conditions and terms set forth below and in the attached Conference Rate Form (Schedule A). 

II.  Term: The Client agrees to conduct the program beginning _____________ and ending ______________. 

III.  Payment: The Client agrees to remit to the College payment for housing, dining, facilities, and all other services rendered according to Schedule A, attached.   Full payment is required within 30 days of the date of the invoice.  An interest fee of 1.5% per 30 days will be applied to any unpaid balance.

IV.  Deposit and Guarantee Policy:

A.  The College will reserve sufficient housing and dining space for______ overnight participants, _____ day participants and ____ staff  Requests for greater residential enrollment shall be accommodated on a space-available basis only.

Projected Number Revisions: All revisions of projected participant numbers must be communicated to the College in writing or by facsimile transaction. Accommodations for greater resident enrollment shall be granted on a space-available basis only. 

B.  Until 5 pm on March 2nd, 2007 projected numbers may be adjusted up or down without penalty.  Adjusting numbers upward will be accommodated only as campus resources allow.

C.  After 5 pm on March 2nd, 2007 the Client becomes responsible for guarantees according to the schedule below:

Camps projecting 1-50 participants are minimally responsible for 40% each

Camps projecting 51-100 participants are minimally responsible for 60% each

Camps projecting 101 or more participants are minimally responsible for 75% each

V.  Early arrival policy: No participants (“participants” shall refer to and include throughout this agreement all faculty, staff, counselors and students of the Client affiliated with the above described program, whether they reside on or off campus) may gain access to campus facilities and accommodations rented by the Client earlier than the stated beginning date nor remain after the stated end date without permission of the College.  The Client must specifically request to the College  for any participants to arrive the night prior to the beginning date of the program or to remain after check-out.  The Summer Programs Office will consider these requests on a case-by-case basis.

VI.  Check-in/Check-out: Standard     The College reserves the right to alter check-in and check-out times in order to accommodate maintenance needs or the arrival or departure of other scheduled camps.  

VII.  Insurance: The Client agrees to maintain all necessary insurance to protect himself against all claims for bodily injury or death of any person or persons whether or not employed by the Client which may arise from any activity associated with this agreement.  The required insurance in all cases will be a public liability/property damage policy, minimum coverage $1,000,000 comprehensive.  The College must be named in said policy as an additional insured.  The Client will submit a Certificate of Insurance to the College no less than 45 days prior to the beginning of the conference.  No changes to this insurance may occur in advance of the conference without thirty (30) days prior written notice provided to the College.

The Client also agrees to show proof of Workers Compensation Insurance for all employees paid for services associated with the program described above. 

VIII. Indemnity: The Client agrees to hold the College harmless from any and all claims for bodily injury, sickness, disease, or death and any property loss or damage that may arise from activities associated with this application/agreement, caused in whole or in part by an act of omission of the Client, its agents, subcontractors or employees, including any and all expense, legal or otherwise, incurred by the College in the defense of any claim or suit arising out of the work done under this agreement.

Davidson College agrees to indemnify and hold the Client harmless with respect to any losses or damages, of whatsoever nature and however occurring, which arise out of, or in connection with, any breach of the terms and conditions of this Agreement by Davidson College.

Personal possessions and clothing for participants are not covered for loss or damage, including but not limited to, fire, water damage, or theft.  The Client agrees to hold harmless the College for any and all such loss or damage.

IX. Representation: The Client agrees not to use Davidson College’s name or registered marks in connection with publication, advertising, marketing, or in any other supportive manner without the prior approval of the College.

X. Damages: The Client assumes full responsibility for the acts of the participants using College facilities and agrees to reimburse the College for any and all damages to facilities, equipment, or furniture, charges for false fire alarms ($200 per incident), and fines for violation of College regulations.

The Client agrees not to make any alterations or attach any fixtures to any facility.  The Client will restore any facilities to their previous condition including removal of any signage placed by the Client, unless previous arrangements have been made with the College and added as schedules to this agreement.  The Client is responsible for any damage to such facilities while being used by the Client.

XI. Loss of Property: The College shall accept no responsibility for theft or other loss of money, valuables, or personal effects of participants or agents of the Client.

XII. Laws and Rules: The Client agrees to comply with all the rules of conduct of the College, ordinances and regulations of the city, county and federal government in the operation or conduct of the Client’s activity upon the premises.

XIII. College Rights:  The College reserves the right to enter the facilities being used by the Client at any time for the purpose of inspection, repair or emergency.

The College may revoke the campus privileges including residency in or utilization of any of its buildings of any occupant whose conduct, solely in the College’s opinion, becomes injurious or potentially injurious to the College community.

The College reserves the right to substitute alternate facilities if appropriate in view of a change in the anticipated number of participants in the Client’s conference, the need to use the facilities originally assigned for another use, or other exigencies, if Client’s conference can be accommodated in such alternate facilities.

XIV. Other Users: The Client understands that other activities may be conducted on the College campus by the College or other organizations during the above time period; however, the College agrees that it will make every effort to schedule other activities so as not to unreasonably interfere with the Client’s event or conference.

XV. Supervision: The Client agrees to provide adult supervision for overnight youth groups (younger than 18 years of age) at all times throughout the duration of this agreement, 24 hours per day.  The Client agrees to maintain this supervision within college housing at all hours conference participants are located therein.  The Client is also required to provide adequate supervision to youth participants as they travel on campus between residence halls, dining hall, and athletic facilities.  Failure to provide said supervision may result in termination of remaining camp contracts or jeopardize contracts in future years.

XVI. Parental Release: The Client agrees that every minor child unaccompanied by a parent shall present to the College, upon arrival, a medical release for hospital treatment or treatment by physician, signed by one of both of the child’s parents, to allow for treatment should accident or injury occur.

XVII. Additional Agreements and Changes: Additional agreements and changes can be made on a case by case basis if agreed upon by both parties.  All additions and changes must be written, dated, attached to the present contract, and signed by both parties.

XVIII. Meals: The Client will be charged for all meals consumed based on counts collected by dining services staff. The Client may choose to skip a meal or meals, without charge, if scheduled no less than two weeks in advance with Dining Services or Conference Services staff.  The Client will be billed for any missed meals without proper notice.  A missed meal is defined as any meal where less than one-half of all participants and staff (see Section IV.A above) attend a meal.  In these instances the Client will be billed for 75% of participants and staff at the meal rate found in Schedule A.

XIX. Sales Tax: The Client is responsible for all federal, state, and local sales tax on all applicable fees based on the dates of service.  Should tax rates change between signature of this agreement and dates of service, the Client is responsible for tax rates in place during the dates of service.

XX. Campus Alcohol Policy: Designated areas for alcohol service and consumption on the Davidson campus are limited to the 900 Room in the College Union, the privacy of guest rooms, and in areas designated by the College periodically for catered events.  Conference participants are not permitted to consume alcoholic beverages on the grounds, in classroom buildings, at the Lake Campus, or at any recreational facility. Alcohol is not allowed in residence halls (public areas or private bedrooms) housing predominantly youth (under age 21) participants.  The College reserves the right to exclude the participation of any conference participant or staff member who violates this alcohol policy.

XXI. Cancellation: The College may terminate this contract, in whole or in part, without showing cause upon giving written notice to the Client.  The College also reserves the right to terminate this agreement without penalty or any damages for breach by the Client of any of the terms contained herein or if it should become impractical to perform this agreement due to causes beyond the control of the College.

XXII. General Provisions: This agreement is not binding until countersigned by the College.  The College will honor its terms, the rates for charges and the availability of facilities and services for 14 days from the date found in the opening paragraph on page 1 of the agreement.  The agreement must be countersigned by the Client and returned to the College within the 14 day period.  After that it will be subject to change and availability.

This agreement shall be governed by the laws of the state of North Carolina.  The College is an equal opportunity institution and subscribes to all requirements of federal law not to discriminate with respect to students, employees, applicants, or College programs on the basis of sex, race, color, national origin, religion, age, handicap or veteran status.

The client representative signing this agreement states that he or she has the full authority to represent the Client group in this agreement.