Repair: If any damage results from the use, act or neglect of applicant and/or the organization applicant represents and/or their agents,
employees, invitees, or licensees, the city may, at its option, repair, remediate or replace such damage, and applicant and/or the
organization applicant represents shall immediately pay to city the total cost of such repair upon demand therefor, plus 30% of the total
cost of such repair or replacement to cover the city’s administrative costs and expenses, in addition to consultant fees, reasonable
attorney fees and costs of litigation.
Entry Fees: Entry fees may not be charged for events held at any of the buildings. (See above section on Prohibited Activities)
Non-Assignability: The rights pursuant to this agreement are personal to the applicant and/or the organization applicant represents.
Any attempt by applicant and/or the organization applicant represents to transfer, assign, or sublet rights under this agreement shall be
null and void.
No Partnership: The city is not by virtue of this agreement a partner or joint venturer with, or agent of, applicant and/or the
organization applicant represents in connection with the activity carried on under this agreement.
No Third Party Beneficiaries: The city and the applicant and/or the organization applicant represents are the only parties to this
agreement and are the only parties entitled to enforce its terms. Nothing in this agreement gives or will be construed to give or provide
any benefit or right, whether directly, indirectly or otherwise, to third persons.
Indemnification: To the fullest extent authorized by law, applicant and/or the organization applicant represents shall indemnify and
holds harmless the city and the city's officers, employees, agents and volunteers from and against any and all loss, cost, claim, damage,
injury or liability whatsoever, including reasonable attorney fees and costs of litigation and appeal, arising from the activities of
applicant or the organization applicant represents, subject to the limitations of liability for public bodies set forth in the Oregon Tort
Claims Act ORS 30.260-30.300 and the Oregon Constitution.
Defense of Actions: In case any claim, action or proceeding is brought against the city or its officers, employees, agents and
volunteers in any forum whatsoever by reason of any obligation to be performed under the terms of this agreement by applicant or the
organization applicant represents or arising from any act or omission of applicant or the organization applicant represents or their
agents, employees, s, invitees or licensees, applicant and the organization applicant represents shall, upon notice from city, defend at
trial and on appeal the city and its officers, employees, agents and volunteers at the sole expense of applicant and/or the organization
applicant represents, by counsel of city's choosing. This obligation to defend extends to all manner of proceedings, whether in a
judicial, administrative or other forum.
Waiver: Applicant and the organization applicant represents hereby fully and unconditionally waive their individual and collective
rights to recover from the city and its officers, employees, agents and volunteers, any loss, damage, restitution or compensation arising
out of this agreement or out of the use of any city property associated with this agreement. The city and its officers, employees, agents
and volunteers shall in no event be liable for any loss or damage suffered or incurred by applicant, the organization applicant
represents, or their agents, employees, invitees or licensees for any reason whatsoever. Such waiver includes, without limitation,
waiver of liability for death, personal injury, theft, damage to motor vehicles, loss of property from within motor vehicles, business
interruption, lost profits, consequential damages and rights of subrogation.
Lost & Found: Call (503) 674-6202 to report a lost or found item at the Fairview Community Center or at Fairview City Hall. We
will hold items for 30 days. After 30 days, unclaimed items may be donated to charity. The city, its employees, volunteers and other
agents are not responsible for lost or stolen items.
Special Note: The City of Fairview reserves the right to control the use of the Community Center and City Hall meeting rooms to best
meet the needs of the public. All scheduled uses are subject to change, including cancellation, by the city. The city reserves the right of
immediate access to all rooms at all times and is not responsible for any inability to use scheduled rooms resulting from any cause,
negligent or otherwise. The city reserves the right to terminate any usage at any time and without prior notice if the use constitutes a
nuisance or criminal conduct.
I have fully and accurately completed the “Application for Room Use” form and have fully read this “Usage Agreement.” I
agree to abide by the terms and conditions of the Usage Agreement. If I have stated that I represent an organization on whose
behalf I have read and completed these forms, I hereby represent that, as well as acting on my own behalf, I am also duly
authorized to represent the named organization and to enter into this agreement on its behalf.
Applicant’s Signature: __________________________________________Date: _________________________________
Applicant’s Name (printed): ___________________________________________________________________________
Name of Organization Represented (if any): _______________________________________________________________
Revised 5/17/2017 \\OLIVER\Network Data\PLANNING\Park and Room Reservations\CC Forms\Room Use Application.doc
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