Access to and Use of Campus Property and Facilities for Non-Affiliated Individuals and Groups

TBR Policy Reference: 1-03-02-50

Approved by: Allana Hamilton

Original Date Effective: 2016-09-27

Last Modified: 2018-08-29

I. Purpose

Jackson State Community College (Jackson State or College) regulates the use of its campus property and facilities in order to be consistent with the College mission and educational purpose through the implementation of reasonable, content/viewpoint neutral regulations. This policy, and all campus policies developed in compliance with the policy, shall be implemented and construed so as to ensure no unduedisruption of that mission, promote an educational rather than commercial atmosphere on campus; prevent commercial exploitation of students; and prevent use of campus property and facilities contrary to federal,state or local law, regulation, or the rules and policies of the Tennessee Board of Regents (TBR), the institutions, and schools.

In establishing this policy, and the related College policies, Jackson State recognizes the importance to the educational process and environment for persons affiliated with the College including officially recognized student organizations and other groups to have reasonable access to, and use of, the educational facilities on campus, to hear various views. Simultaneously, Jackson State also makes clear that its facilities are not open public forums, but are instead intended solely for use consistent with the advancement and orderly administration of its educational mission for the benefit of its students, staff, and affiliated entities. As such, Jackson State does not ordinarily make its buildings or other facilities available to outside individuals or outside groups. Exceptions may be made only if the proposed use is consistent with this policy and institutional policy and mission.

Priority for the use of College facilities is in the following order: I) credit and non-credit classes and programs, 2) College-sponsored activities, 3) all other requests for usage.

Jackson State facilities are available to non-affiliated entities and individuals, with the exception of distance learning, computer and science labs, spaces containing electrical, HV AC or mechanical equipment for the College facilities' operation; or areas deemed unsafe. Approval of equests for restricted distance learning and lab facilities will be made by the President of the College or his/her designee.

The use of certain Jackson State Community College facilities by non-affiliated entities/individuals is allowed under the policies and guidelines prescribed in this policy and in Tennessee Board of Regents (TBR) Policy No. I :03 :02:50, No. I :03 :02:60, TBR Policy No. I :03 :02: IO and TBR Guideline B-026

II. Definitions

For the purposes of these regulations, the following definitions shall apply:

Facility Scheduler - the individual responsible for receiving and processing requests for use of campus facilities or property pursuant to this policy and shall maintain a copy of the institutional policy for inspection by groups, organizations, and individuals interested in the use of campus property and/or facilities and shall provide a copy of such policy upon request.

Application for Use of Facilities - an official form used to request a particular facility or campus property to host an event. The Application for Use of Facilities states the name a purpose of an event and the contact name and email address.

Affiliated Entities - an officially registered student, student group or student organization; organization funded by and/or sponsored by Jackson State, or that operates for the benefit of the College.

Affiliated Individual - persons officially connected with the institution including students, faculty, and staff.

Non-affiliated Entities - any person, group, or organization which is not an "affiliated entity or individual."

Non-affiliated Individual - Any person who is not an "affiliated individual."

Student - a person who is currently registered for a credit course or courses, non-credit course or program at Jackson State, including any such person during any period which follows the end of an academic period which the student has completed until the last day for registration for the next succeeding regular academic period.

Guest - a person invited by a student group or employee of Jackson State Community College to visit the campus at a specific time and place.

III. ACCESS TO CAMPUSES AND USE OF PROPERTY/FACILITIES

Access to Facilities and Prioritized Users
1. Access to and use of campuses, facilities, and property of Jackson State is restricted to the institution, institutional administration for official functions, affiliated individuals/entities, and invited or sponsored guests of the College except as specifically provided by this policy, or when part or all of a campus, its buildings or facilities are open to the general public for a designated time and purpose.
2. All persons accessing the campus shall be subject to all applicable federal and state laws and regulations and to all Jackson State rules and regulations including traffic and parking regulations. College rules and regulations are published in the College catalog and student handbook. The College catalog is available on the Jackson State website at www.jscc.edu.
3. All persons on the campus shall provide adequate identification upon request of College officials and security personnel. Employees and students refusing to provide such identification when requested may be subject to disciplinary action, and other persons refusing to provide such identification shall be requested to leave the campus, and if they refuse, may be subject to lawful removal and prosecution.
Use of Property/Facilities by Non-Affiliated Users
1. A list of the facilities available for rental and the rental charges are shown in Attachment II. Any facility not listed is unavailable for rental.
2. To apply for use of these facilities, individuals must complete the online Application for Use of Facilities, located at http://www.jscc.edu/community-outreach/ and submit it to the Facilities Scheduler in the Workforce Development office as indicated on the application. All applicants must agree to the JSCC Facility Terms of Use (Attachment I) and Rental Rates (Attachment II) upon submission.
3. Unless otherwise stated, applications must be received at least fourteen (14) business days prior to the requested rental date(s). The College will consider applications received later than the stated dates but may not be able to accommodate late-filed requests.
4. Applications for facility use cannot be reviewed if submitted more that forty-five (45) days in advance of the requested date(s) due to course scheduling.
5. When applying to use any of the College's facilities, please be aware that:
  1. All non-profit groups will be required to provide proof of non-profit status.
  2. Local business and civic organizations may use College facilities for group activities that serve the community or are not of a profit making nature.
  3. Any activity that is scheduled must be consistent with College policies.
  4. Approval of a request for use of any Jackson State facility is at the sole discretion of the College.
6. Priorities for the use of College facilities:
  1. credit and non-credit classes and programs,
  2. College-sponsored activities,
  3. all other requests.
7. Rental fees (see Attachment II): Exceptions to this policy can be made upon approval of the president of Jackson State Community College. All groups, both profit and non-profit, must compensate the College for such products and services (at the rates listed) as, but not limited to, the following:
  1. room rental,
  2. damages to equipment or facilities,
  3. additional College personnel needed for the event, including technical, custodial, electrical, and security staff,
  4. technical equipment and supplies.
8. Scheduling of Facilities:
  1. The Facilities Scheduler in the Department of Workforce Development is responsible for receiving and processing all applications for use of any facilities by businesses and organizations not affiliated with the College and will make all necessary arrangements regarding security and cleaning.
  2. Requests for use of the facilities at any of the Jackson State Centers (Lexington, Humboldt, and Savannah) will be reviewed with the directors of each center.
  3. All applicants will be notified via the email address provided on the Application for Use of Facilities within seven (7) business days of the completed application's receipt. If an application is denied, the reason will be provided and will be one or more of the reasons detailed in section III, c, Denial of the Use of Facilities. Any denial of a request will be based solely on factors related to reasonable regulations in light of the College's mission and the nature of the facility or property requested and rendered in a content/viewpoint neutral manner.
  4. In all cases where Application for Use of Facilities for use of campus facilities or property is approved, such use will be subject to the execution of an appropriate written agreement regarding the conditions applicable to the approved access/use, which shall include, but not be limited to, the terms and conditions set forth in this policy.
9. Payment Policy: Unless stated otherwise herein, all payments of approved requests for facilities must be received at least seven (7) business days prior to the rental date. If payment is not received at least seven (7) business days prior to the rental date, the renting group may be denied access to the facility.
10. Campus property and facilities may not be used by any non-affiliated group, organization, or individual for the conduct of commercial solicitation, on-site sales, or other profit-making activities except when the activity is conducted in accordance with a valid contract or agreement with Jackson State Community College; or
11. In the event that a non-affiliated organization is permitted use of Jackson State property and/or facilities, in conjunction with a College-affiliated group, the sponsoring individual/group will be held responsible for seeing that in all advertising or reporting of the event or meeting, the name "Jackson State Community College," "JSCC," or the College's mark (logo) is used only to indicate location and in no way implies sponsorship or endorsement of the activity or the individual's/group's objectives or candidacy. Any misuse of the name and/or mark of Jackson State Community College by any individual or group could result in canceling of any scheduled use and the right of the individual/group to schedule future use.
Denial of Use of Facilities
1. Any denial of a request to access/use campus facilities and/or property shall be based solely on factors related to regulations in light of the institution's mission and the nature of the facility or property requested and rendered in a content/viewpoint-neutral manner. The Facilities Scheduler at Jackson State Community College may deny affiliated entities or non-affiliated individuals the use of College facilities, including annexed areas.
  
  Such reasons may include, but are not limited to, the following:
  1. The size and/or location of the requested use would cause disruption to or interference with the normal activities of the College, the educational use of other facilities or services or flow of vehicular or pedestrian traffic.
  2. Use of the property or facilities requested would be impractical due to scheduled usage prior to or following the requested use, or due to other extenuating circumstances.
  3. The activity is of such nature or duration that it cannot reasonably be accommodated in the particular area for which the request for facilities is made.
  4. The anticipated size or attendance for the event will exceed building/fire codes, established safety standards, and/or the physical or other limitations for the facility or property requested.
  5. The requested use would be contrary to federal, state or local law or regulation, or policies or guidelines of the TBR or Jackson State.
  6. The activity presents a clear and present danger for physical harm, coercion, intimidation, or other invasion of lawful rights of the institution's officials, faculty, or students, the damage or destruction, or seizure and subversion, of the College's buildings, other property, or for other campus disorder of a violent or destructive nature. In determining the existence of a clear and present danger, the responsible official(s) may consider all relevant factors.
  7. The applicant or sponsor of the activity has been responsible for violation of subparagraphs (a.), (e.), or (f violated any conditions or assurances specified in a previous facilities requests and the College has reasonable cause to believe such violation will reoccur.
  8. The applicant or sponsor of the activity has not fully provided accurate or complete information required on the Facilities Request.
  9. The property or facilities have been previously reserved by another group, organization or individual.
  10. Such use conflicts or would conflict with existing contractual obligations of the College.
  11. Frequency of previous use during an academic period in comparison to that of a contemporaneous applicant.
2. Any group, organization or individual whose submission of an online Facilities Request for use of property or facilities of Jackson State is denied by the Facilities Scheduler for reasons cited in subparagraphs (a) through (k) shall have the right to appeal that denial to the President, or designee. Appeals shall be made in writing no later than three (3) business days from the date the Facilities Scheduler denies the Facilities Request and no less than five (5) business days prior to the date of the proposed event. The decision of the President, or designee, shall be made at least within two (2) business days. The decision of the President or the President's designee is final.
3. Use of facilities is limited to one-time-only events, short term, intermittent, and/or repeat use of campus facilities where access/use of facilities/property are permitted without an associated rental/lease of fee. Such uses shall be limited to circumstances where the College does not actually, or effectively, cede occupancy or control of any College property. The President may, at his/her discretion, give permission to affiliated entities in cases where the meetings are limited to members of the organization, for the repeated use of facilities. Approval for repeated or intermittent use of any facility or property pursuant to this policy may not exceed four months in length and may only be renewed or repeated after review to determine that such use does not conflict with an institutional need or another request for access/use of the facility/space by another eligible person/entity.
4. Faculty and/or affiliated entities may extend invitations to uncompensated, unaffiliated guest speakers for regular class sessions and/or meetings, without prior application as set forth in this policy where attendance at the class session or meeting will be limited to members of the class or affiliated entity and where no fee or compensation from state funds will be paid to the speaker.
Annexed Areas

Annexed Areas may be reserved for any non-classroom based activity. The purpose/definition of Annexed Areas is space(s) that allows for gathering of groups without disruption to classes, or impeding movement of students/vehicles.
1. Any affiliated entity or affiliated individual wishing to assemble, demonstrate, distribute literature or engage in similar public activity a Jackson State campus is encouraged to submit a Facilities Use Application to reserve the space and insure the space is not already reserved for another activity/event. Non-affiliated entities must submit the Facilities Use Application for the use of space for security purposes. Those applications may take up to 10 business days to process. It is important that our campus safety officers are aware of non-affiliated persons who plan to be on the property.
2. Annexed areas available for consideration on the Jackson campus include the:
  1. South McWherter Annex- grassy area across the entrance road from McWherter Center
  2. North Baseball Annex- grassy area north and east of the Martin Baseball Field
  3. Pond - South
  4. Southwest Gym Annex- grassy area between gym/physical plant and softball field
  5. Gym Lobby
3. Upon written approval, the requesting individual or entity must adhere to the following guidelines in addition to all applicable conditions previously listed:
  1. All Jackson State and TBR policies and procedures and local, state and federal laws must be obeyed.
  2. The activity may not take place in a classroom, library, or other academic building or facility.
  3. The activity may not take place in an administrative area, employee office or work area.
  4. Any literature distributed on campus must comply with all applicable local, state, and federal laws and regulations, as well as rules and policies of Jackson State and TBR.
  5. No obscene literature or material, as defined by law, shall be distributed on campus.
  6. The activity may not block the flow of pedestrian or vehicular traffic.
  7. Participants may not make physical contact with others.
  8. Participants must leave the area free of debris and litter.
  9. Sound amplification is not permitted.
  10. No Jackson State equipment is to be used during the activity.
  11. The activity must not interfere with scheduled Jackson State-sponsored activities.
  12. Activities may not take place during final exam week in any semester.
  13. Activities may not take place when the College is closed.
  14. Activities are limited to a total of four per month for any individual or entity requesting usage. The College will consider additional requests for activities.
  15. Children under the age of 18 are not permitted to participate in the activity without being accompanied by an adult.
General Conditions for Use of Property or Facilities
1. Once a non-affiliated individual or entity has permission to use College property or facilities, including annexed areas, the requirements outlined in this section, as well as all other requirements put forth in this policy, must be met. Violation of, or failure to comply with, the requirements set forth in this policy or other College policies may result in the immediate revocation of previously granted approval for access/use of campus facilities or property and student disciplinary sanctions, if appropriate.
  1. Building, fire codes, and safety standards applicable to particular facilities and/or property must be met.
  2. All Jackson State and TBR rules and/or policies must be followed.
  3. Sound amplification equipment may be used only when prior approval has been requested and approved by the appropriate official taking into account the College mission and the nature of the facility or property requested, location, and time of day. Sound amplification is not permitted in the unassigned areas.
  4. Any rental of College equipment must follow the appropriate College policy and procedure.
  5. All individuals and/or entities, by submitting an application for use of a College facility and by subsequent use after approval by the College, agree to indemnify the College and hold it harmless from any and all liabilities arising out of such use of the property and/or facilities of the institution, including, but not limited to, personal injury, property damage, court costs and attorney's fees.
  6. Individuals/entities using College facilities pursuant to this policy indemnify the College, and the College may require:
    1. Adequate bond or other security for damage to the property or facilities;
    2. Personal injury and property damage insurance coverage;
    3. A performance bond or insurance guaranteeing or insuring performance of its obligations under the contract; and/or
    4. Other types of insurance in such amounts as are designated by the College.
  7. The College reserves the right to identify specific facilities, uses, or events for which bond, security, and/or liability insurance will be required. In setting its policy, the College will consider the nature and uses of particular facilities and/or locations on campus; the anticipated event size or attendance for any use of campus facilities and/or property; the length of use of the facilities and/or property; and the specific facilities and/or property requested. Proof of compliance with this provision may be required in advance of an event. This provision shall be applied and enforced in a content/viewpoint neutral manner.
  8. All persons operating motor vehicles in conjunction with an approved use/access of campus facilities and/or property shall be subject to College and TBR rules, regulations, policies and procedures regarding traffic and parking.
  9. Users of facilities or property and/or their sponsor(s) are responsible for all activities associated with the event.
  10. Use of the requested facility and/or property shall be limited to the declared purpose in the application for use/access to campus facilities and/or property.
  11. Access to, or use of, campus facilities shall not be permitted overnight unless specifically requested and approved pursuant to the requirements of this policy and/or other applicable College policies. Such use shall be limited to the specific time and location set forth in the notice of approval/registration document.
Communication of Events
1. Jackson State Community College encourages communication of events and opportunities for students and employees. However, it also reserves the right to control and improve the time, manner and placement of all signs, banners, posters, and other materials placed on its campus.
2. Any signs, posters, banners and other materials created by a Jackson State office, department or student group, even if not printed through the College's Printing Services, must go through the institution's publications approval process with Jackson State Community College's Marketing and Public Relations.
G. Fees for Use of Campus Facilities
1. All fees or costs assessed for use of College facilities or property are set forth in this policy and applied to all similar uses on a content/viewpoint neutral basis. Facility rental fees are listed in Attachment I of this policy. Please note, all fees are subject to change.
2. All Fees are to be paid in advance of facilities use.
3. Facility rental fees for the following groups are waived, however, rates for custodial, maintenance, and technical services will apply:
  1. Any alumni association, foundation, etc., which is organized and operated for the benefit of Jackson State
  2. TBR or TBR institution
  3. University of Tennessee
  4. Public K-12 school systems in Jackson State's service area
  5. Local Governments in Jackson State's service area
  6. State of Tennessee

IV. DEMONSTRATIONS ON CAMPUS

General Provisions
1. Jackson State Community College supports the rights of student organizations, individual students, faculty, staff, and other members of the community to assemble to express their views on issues of the day, including the right to demonstrate in a peaceful manner, provided their activities do not disrupt normal activities or infringe upon the rights of others. The use of College property for these purposes does not imply acceptance or endorsement by the College of the views expressed.
2. Regulating the time, place and manner of campus demonstrations is a legitimate function and necessary responsibility of the College. This Policy sets out content-neutral rules in order to protect the rights of those involved in the demonstration, others in the College community, and the College itself from unreasonable disruption.
3. For purposes of this Policy, disruption is defined as activity which substantially interferes with the rights of others or with College operations, including activity which
  1. Denies or infringes upon the rights of students, staff, visitors or other members of the College community.
  2. Interferes with instruction, research, administration, other College services, or other activities of the College community.
  3. Restricts or obstructs the free movement of individuals on the campus or in campus buildings.
  4. Impedes or denies the use of offices, classrooms or other College facilities to students, staff, visitors, or other members of the College community.
  5. Endangers or threatens the safety of any member of the College community, including by the use of force or violence.
  6. Damages, defaces or causes the loss of property.
  7. Violates the law or College policies.
4. The following regulations apply to all demonstrations, rallies, and similar assemblies:
  1. Persons may not use campus buildings for demonstrations or rallies, and may not block or otherwise interfere with the free flow of vehicular, bicycle, or pedestrian traffic. The right of way on streets and sidewalks must be maintained.
  2. Persons may not block or otherwise interfere with ingress to or egress from campus buildings.
  3. Persons shall not obstruct, disrupt, interrupt or attempt to force the cancellation of any event or activity sponsored by the College or by any users authorized to use College facilities.
  4. Persons shall not engage in harassing, physically abusive, threatening or intimidating conduct toward any person.
  5. Persons shall comply with the directions of a College official acting in the performance of his/her official duty.
  6. Classes or other scheduled activities shall not be disrupted.
  7. Use of public address systems and amplified sound will not be permitted without prior approval from the President's Office.
  8. The safety and well-being of members of the College community collectively and individually must be protected at all times.
  9. College property must be protected at all times.
  10. Persons on College property may be required to provide identification to a College official upon request.
  11. Persons engaging in activities on College property, including non-College participants in demonstrations, are subject to and expected to comply with all applicable College policies and procedures.
5. Student organizations sponsoring or organizing demonstrations, rallies, or equivalent activities will be held responsible to comply with this Policy. Student organization sponsorship of a demonstration does not relieve participating individuals of responsibility for their conduct. Each participant in a demonstration or equivalent activity, whether sponsored or not, is accountable for compliance with the provisions of this Policy as well as (in the case of students) the Student Code of Conduct. Violations of this Policy may be grounds for disciplinary action against individuals and/or the sponsoring or participating student organization and its officers.
6. If non-compliance with this Policy also involves violations of State or Federal law, the College may pursue prosecution of chargeable offenses against violators, and/or recovery of money damages from them for any harm to or loss or destruction of College property resulting from the misconduct.
Scheduled Demonstrations
1. Registered student organizations, full- or part-time students and employees of the College who wish to schedule a demonstration, rally or similar activity, may request to use campus property through the Director of Environmental Health and Safety. Any such request should be submitted at least two (2) weeks (ten (10) business days) in advance of the activity, whenever possible. The Director of Environmental Health and Safety will respond promptly to any reservation request. In the event a request is denied, an appeal may be made to the Vice President of Student Services who shall respond promptly to any such appeal.
Unscheduled Demonstrations
1. It is the intent of this Policy to ensure that all demonstrations on campus occur with minimal threat to the safety and security of persons or facilities through proper planning and scheduling. Occasionally, events occur which may motivate or necessitate immediate public response, and it is not the intent of this Policy to limit the right of individuals or groups to assemble and express their views with respect to such events.
2. Unscheduled demonstrations, rallies, or similar activities may be held by registered student organizations, full- or part-time students, and current employees of the College, provided that the activity does not interfere with any functions for which that space has been reserved in advance.
Small Demonstrations
Demonstrations or similar activities by ten (10) or fewer students, faculty or staff may occur at any outdoor area without advance reservations. Except with respect to location, such demonstrations are subject to regulations which apply to larger demonstrations. Accordingly, the College encourages all persons planning a demonstration or similar activity to contact the Director of Environmental Health and Safety to discuss their plans and the applicable regulations of this Policy.
Parades or Marches on Campus
Demonstrations in the form of parades or campus marches on streets and campus walkways may be conducted with specific advance approval of route and time. An application for approval must be submitted to the Director of Safety at least two (2) weeks (ten (10) business days) in advance of the event, whenever possible. The Director of Safety will notify and make arrangements with the Jackson State Community College Police Department to ensure the safety and security of the campus and participants. In the event a request is denied, an appeal may be made to the Vice President for Finance and Administrative Services who shall respond promptly to any such appeal.
College Procedures for Responding to Disruptive Demonstrations
The Vice President for Finance and Administrative Services in consultation with the Vice President of Student Services and the Jackson State Community College Police Department will determine whether a demonstration has become disruptive based on the criteria set out in Part D.3., of this Policy. If circumstances permit, the Vice President for Finance and Administrative Services in consultation with the Vice President of Student Services will inform the demonstrators that they must discontinue their disruptive activities, explaining which activities violate this Policy. If the disruption continues, appropriate action will be taken including police action. An immediate physical threat to persons and/or property may require immediate police action, as may situations in which the Vice President for Finance and Administrative Services or the Vice President of Student Services determines that a warning will not suffice to provide protection for persons or property.

V. SOLICITATIONS

Unless otherwise provided, solicitation for the purpose of entering or consummating a commercial transaction on any property owned or used by Jackson State is prohibited.
Solicitation for other than a commercial purpose is prohibited unless expressly provided for by Jackson State policy or approved by the President, or designee.
Solicitation of charitable funds shall be permitted subject to the provisions of the Tennessee Board of Regents Policies and Guidelines and this policy.
Solicitations shall be permitted only in those areas designated for such activity by the College.

VI. DISTRIBUTION OF LITERATURE AND ADVERTISING MATERIALS

Any literature which is distributed or sold and any advertisement shall comply with all applicable local, state, and federal laws and regulations, as well as the rules and policies of Jackson State Community College and TBR. See JSCC policy for signage.
Any use of the Jackson State Community College name or mark (logo) must have approval of Jackson State Community College Marketing and Public Relations.
Affiliated groups, organizations and individuals may submit advertising materials to the Print Shop for placement on campus bulletin boards. See JSCC policy for signage.
No obscene literature or material, as defined by law, shall be distributed on any property owned or used by Jackson State or any TBR institution.
Materials may not be placed on or affixed to vehicles parked on College property.
Jackson State shall have the right to terminate the distribution or sale of literature by any group, organization or individual which violates JSCC policy, local, state, or federal law.
Jackson State may authorize the inclusion of advertisements in appropriate campus publications for a reasonable fee.
Jackson State may permit limited advertising by groups, organizations or individuals when incidental to a donation of property or service to the College or pursuant to a contract with the College.

VII. GENERAL RESTRICTIONS

During holidays, administrative closing days, and days when the institution is closed, affiliated and nonaffiliated organization( s) facility requests to use campus facilities shall not be approved.

Exceptions to this policy can be made upon approval of the President of Jackson State or his/her designee.

Attachment l - Jackson State Community College Facilities Terms of Use

Liability, User agrees to conduct its activities in the Space in a careful and safe manner. As a material part of the consideration to Institution, User agrees to assume all risk of damage to and loss or theft of User's property while at Institution, damage to the Space, and injury or death to persons related to User's use or occupancy of the Space in, upon, or about the Space from any cause, and User waives all claims against Institution. User further agrees to indemnify and hold harmless Institution, the Tennessee Board of Regents, the State of Tennessee and their officers, regents, agents and employees, against all claims, suits, liabilities, costs, damages and expenses (including reasonable attorney's fees) arising out of or in connection with: (i) User's use or occupancy of the Space, or any activity or thing done, performed or suffered by User, its agents, its employees, Users, invitees or persons attending or participating in User's activities in or about the Space; or (ii) any loss, injury, death or damage to persons or the Space on or about the Space by reason of any act, omission or negligence of User, or any of its agents, its contractors, its employees, licensees, or invitees; or (iii) any breach or default in the performance of any obligation on User's part to be performed under the terms of this Application. User's indemnity obligations will not extend to any liability to the extent it is caused by the negligence of Institution or its agents or employees.
Environmental Regulations. User will not permit any Hazardous Substance to be used, stored, generated or disposed of on, in or about, or transported to or from, the Space, by User, User's agents, employees, contractors, invitees, subtenants, concessionaires or Users without first obtaining Institution's written consent, which Institution may give or withhold in its sole discretion, or revoke at any time. If Institution consents, all Hazardous Substances must be handled at User's sole cost and expense, in compliance with all applicable state, federal or local governmental requirements, using all necessary and appropriate precautions. If User breaches these obligations, or if the presence of Hazardous Substances on, in or about the Space caused or permitted by User results in contamination of any part of the Space, or if contamination by Hazardous Substances otherwise occurs in a manner for which User is legally liable, then User will indemnify and hold harmless Institution, the Tennessee Board of Regents, and the State of Tennessee from and against any and all claims, actions, damages, fines, judgments, penalties, costs, liabilities, losses and expenses (including, without limitation, any sums paid for settlement of claims, court costs, attorneys' fees, consultant and expert fees) arising during or after the expiration or termination of the Application as a result of any breach or contamination. Without limitation, if User causes or permits the presence of any Hazardous Substance on, in or about the Space and this results in contamination of any part of the Space, User will promptly, at its sole cost and expense, take all necessary actions to return the Space and any adjacent facility to the condition existing prior to the presence of any Hazardous Substance; provided, however, User shall first obtain Institution's approval for any such remedial action. "Hazardous Substance" means any substance regulated by any local government, the State of Tennessee or the United States government. "Hazardous Substance" includes any material or substances which are defined as "hazardous material," "hazardous waste," "extremely hazardous waste" or a "hazardous substance" pursuant to state, federal or local government law. "Hazardous Substance" includes but is not restricted to asbestos, polychlorobiphenyls and petroleum.
Assignment and Subletting. User does not have the right to assign the Application or allow any other person or entity to use or occupy any of the Space without the prior written consent of Institution, which consent may be granted or withheld in Institution's sole discretion.
Default. If User fails to pay any fee or other sum required to be paid by User when due, or otherwise fails to comply with or observe any other provision of the Application, in addition to any other remedy that may be available to Institution, whether at law or in equity, Institution may immediately terminate this Application and all rights of User.
Interpretation. The Application constitutes the entire agreement and understanding of the parties with respect to its subject matter. No prior or contemporaneous Application or understanding will be effective. This agreement may not be modified or amended except by written instrument signed by both parties. The Application shall be governed by the laws of Tennessee, the courts of which state shall have jurisdiction over its subject matter.
Relationship. Neither User nor any personnel of User will for any purpose be considered employees or agents of Institution. User assumes full responsibility for the actions of User's personnel, and is solely responsible for their supervision, daily direction and control, payment of salary (including withholding income taxes and social security), worker's compensation and disability benefits.
Authority. The individual signing the Application on behalf of User hereby represents and warrants that s/he is duly authorized to execute and deliver the Application on behalf of User and that this Application is binding upon User in accordance with its terms.
Non-Discrimination. The parties agree to comply with Titles VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Executive Order 11,246, the Americans with Disabilities Act of 1990 and the related regulations to each. Each party assures that it will not discriminate against any individual including, but not limited to, employees or applicants for employment and/or students because of race, religion, creed, color, sex, age, disability, veteran status or national origin.
Conflicts of Interest. The User warrants that no part of the total contract amount provided herein shall be paid directly or indirectly to an officer or employee of the State of Tennessee as wages, compensation, or gifts in exchange for acting as officer, agent, employee, subcontractor or consultant to the User in connection with work contemplated or performed relative to this Application.
Claims Against the Institution. Any and all monetary claims against the Institution, its officers, agents, and employees in performing any responsibility specifically required under the terms of this Application shall be submitted to the Board of Claims or the Claims Commission of the State of Tennessee and shall be limited to those provided for in T.C.A. § 9-8-307.
Copyrights. If music is to be performed in conjunction with the use of the Space, the parties agree to abide by the following copyright and performance provisions:
1. The User hereby assures that all necessary copyright and royalty licenses have been obtained from ASCAP, BM!, SESAC and any other performing rights organization or the copyright owner for the performance to be presented under the terms of this Application.
2. The User agrees to provide the Institution the prior written consent of SES AC, Inc. or the copyright owner for copyrighted music or work for which SESAC is the licensing agent.
3. The User agrees to indemnify, hold harmless and defend the Institution and the State of Tennessee from and against any and all claims, demands or suits which may be brought for copyright infringement allegedly arising in the course of the performance presented under the terms of this Application. Such indemnification shall extend to both criminal and civil actions and shall include any and all loss, damage, penalty, court costs or attorneys' fees incurred by the Institution as a result of such infringement.
4. The Institution shall promptly notify the User of any such claim brought against the Institution or the State of Tennessee. The settlement or compromise of any claim brought against the Institution or the state shall be subject to the approval of the appropriate state officials, as required by T.C.A. Section 20-13-103.

Facility Type	Facility Rental Rates		State Agency & Non-Profit Rates
	Per Hour (2 hr. min.)	Per Day	Per Hour (2 hr. min.)	Per Day
Classrooms:
< 30 seats	$25	$100	$12.50	$50
> 30 seats	$30	$150	$15.50	$75
Auditorium:
Dodson Auditorium (seats 75)		$150	$40	$75
Ayers (seats 250)		$300	$40	$150
Computer Lab:
15 stations	$100	$300	$50	$150
16+ stations	$200	$400	$100	$200
Conference Room	$30	$100	$30	$60
Lecture Halls: (seat 50-110)
NU 203	$50	$250	$40	$75
McWherter 110	$75	$275	$50	$100
McWherter 247	$50	$250	$40	$75
Gym:
Recreation< 4 hours		$300		$150
Recreation> 4 hours		$500		$250
Exhibition < 4 hours		$400		$200
Exhibition > 4 hours		$650		$325
Assembly < 4 hours		$500		$250
Assembly >4 hours		$900		$450
Softball Field	$50		$10
Executive Seminar Room (seats 24)
<4 hours		$200		$150
> 4 hours		$200		$250
Parking Lots:
Gym lot		$300		$150
South lot		$300		$150

SERVICE FEES:
Tech Support $40/first hour $20 per hour after first hour
Custodial $30/first hour $20 per hour after first hour
Security $40/first hour $20 per hour after first hour