1500-F4 Hold Harmless Agreement Use of Facilities

__________________________________ does hereby covenant and agree to defend, indemnify

Name of the organization Facility User

(PLEASE PRINT)

and hold harmless the Brentwood Union Free School District from and against any and all liability, loss, damages, claims, or actions (including costs and attorney’s fees) for bodily injury and/or property damage, to the extent permissible by law, arising out of or in connection with the

actual or proposed use of __________________________________________ property, facilities

Name of the Brentwood Union Free School District’s Facility

(PLEASE PRINT)

and/or the Brentwood Union Free School District’s services by, including but not limited to bodily injury to any employee, invitee, guest, spectator, contractor or subcontractor of Facility User.

 

Facility User understands and agrees that its use of District property and facilities includes, but is not limited to, all areas identified in the application and/or permit, and sidewalks, walkways, parking lots, entrances, stairs, and all other areas incidental to and/or connected with the use of the premises (hereinafter referred to as “incidental areas”). Facility User agrees that its indemnity and insurance obligations extend to the areas identified in the application and/or permit and any and all incidental areas.

For youth sports groups using District outdoor event space or fields where there are no AEDs provided, the Facility User acknowledges and agrees that the following conditions apply:

• Access to the District’s AEDs located inside the school building is NOT provided with outdoor field use by youth sports league; and
• The group will bring their own AED; and
• The group filed an AED Implementation Plan with the Suffolk County Health Department; and
• There will be at least one person associated with the group (i.e., coach, volunteer) trained and certified in the use of AEDs to be on site and present during any activity taking place on District property.

In the event that any legal proceeding is instituted or that any claim or demand with respect to the foregoing is asserted by any person in respect of which indemnification may be sought from the Facility User under the provisions of this Paragraph, the District will promptly notify the Facility User of such suit, claim or demand, and give the Facility User an opportunity to defend same and settle same without any cost to the District, and will extend reasonable cooperation to the Facility User in connection with such defense, which will be at the expense of the Facility User. In the event that the Facility User fails to defend the same within thirty (30) days of receipt of notice, the District will be entitled to assume the defense thereof, and the Facility User will be liable to repay the District for all its expenses reasonably incurred in connection with said defense (including reasonable attorney's fees, disbursements, expert witness fees and settlement payments).

All of the provisions of this Paragraph will survive the expiration or sooner termination of this Agreement.

_____________________________________________ _________________________________________ ________

Organization’s Representative of the facility user Signature Organization’s Representative of the facility user Date

 

_______________________________________________________ ___________________________

Signature of Director of Facilities or their designee Date

Approved by the Board of Education: 12/14/06

Revision approved by the Board of Education: 08/15/07

Revision approved by the Board of Education: 12/13/07

Revision approved by the Board of Education: 08/21/08

Revision approved by the Board of Education: 06/13/13

Revision approved by the Board of Education: 07/06/16

Revision approved by the Board of Education: 08/17/17

Revision approved by the Board of Education: 11/21/19

Revision approved by the Board of Education: 03/18/21

Revision approved by the Board of Education: 10/19/23

Revision approved by the Board of Education: 09/26/24

Revision approved by the Board of Education: 07/08/25

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