We are a two court facility located at 798 Montclair Road. Birmingham, AL 35213.
Court rentals are based around facility availability & can be booked through e-mail - info@alabamahoops.net
1 Court = $100 an hour
ALABAMA HOOPS
FACILITY USAGE AGREEMENT
THIS AGREEMENT, entered as of MM/DD/YYYY, by ALABAMA HOOPS (“Alabama HOOPS"), and INSERT ORGANIZATION (the "User"), provides as follows:
1. Premises and Event. The User is granted a license to use and occupy the following Premises solely for purposes of conducting the Event described below and for no other purpose:
THE PREMISES: All areas reasonably necessary both inside and outside of Alabama HOOPS to produce the event.
THE EVENT: INSERT EVENT
Alabama HOOPS reserves for its use, with the privilege of occupying and using the same, all lobbies, offices, spaces in halls, corridors, concession stands, and other spaces in and about the Premises for its purposes, except as hereinafter expressly set forth.
2. Term. Provided all provisions of this Agreement have been satisfied and User is in compliance with all requirements of this Agreement, the term of the license granted by this Agreement will commence at 0:00 AM/PM on MONTH DDth, YYYY, for move-in, and shall end at 0:00 AM/PM on MONTH DDth, YYYY, after Event strike and move-out. Daily Event starting and ending times are as follows:
3. Base License Fee. The User shall pay Alabama HOOPS a base license fee for the use of the Premises in the amount of AMOUNT ($0,000.00) (the “Base License Fee”).
4. Event Expenses. In addition to the Base License Fee, the User shall pay to Alabama HOOPS any other fees and expenses incurred by Alabama HOOPS in providing the Premises for the Event (the “Event Expenses”). Upon completion of the Event, the Department of Athletics Facility Director (the “Facilities Director”) will submit a complete statement of the Event Expenses to the User. Examples of Event Expenses include but are not limited to, extraordinary amounts of electrical power or other additional utility needs, expenses for support personnel as described in Section 20, consumable materials and supplies, extraordinary expenses for debris removal, equipment rental, and any tiered offerings. If the User knows or should know that Alabama HOOPS will incur substantial or unusual expenses pertaining to the Event, the User shall give Alabama HOOPS prompt written notice of such expense.
5. Deposit. The User will pay a non-refundable deposit of $0,000.00, no later than MONTH, YYYY. The User agrees to make such a deposit by check made payable to Alabama HOOPS. This deposit will be used to deduct from rental or service charges due from the User or applied to any expense or loss which the owner might incur on the User’s account, including without limitation (1) any charges in salaries, equipment, or services incurred by the owner on the User’s behalf; (II) the cost of repair or replacement of any Alabama HOOPS property damaged by the User.
6. Cancellation. If the User fails to perform any contract with any other venue, or if the financial standing or credit of the User is impaired or is deemed unsatisfactory by Alabama HOOPS, or if the User fails to execute or perform any provision of this Agreement, Alabama HOOPS may require, in its sole discretion, the immediate payment of the Base License Fee and Alabama HOOPS estimate of the Event Expenses. If the User fails to promptly make such payment, Alabama HOOPS may terminate this Agreement by notice to the User and exercise all other rights and remedies provided by law.
7. Liquidated Damages for Failure to Use Facility. If the User, being entitled to possession, fails for any reason to occupy the Premises, Alabama HOOPS may retain any money previously paid by the User, and the full amount payable by the User to Alabama HOOPS pursuant to this Agreement (including Base License Fee and Event Expenses) shall be payable by the User to Alabama HOOPS as liquidated damages, and not by way of penalty.
8. Confirmation of Dates. Dates and times for the Event are not confirmed until the Department of Athletics Facilities Director (“Facilities Director”) approves the Event, and the User executes and delivers to the Facilities Director, this Agreement, duly executed by the User and accompanied by proof of insurance, as described in Section 15 hereof. If the User fails to deliver the signed Agreement, the Deposit, and the proof of insurance to Alabama HOOPS by MONTH DD, YYYY, Alabama HOOPS will not execute the Agreement and the Premises will be made available to itself or others without further notice to the User.
9. Duty to Keep Clean. The User will keep the Premises clean and will generally care for the Premises except for customary custodial services.
10. Duty to Keep Passageways Clear. The User will not permit any chair, moveable seat, or other obstruction to remain in any aisles or passageways and will keep aisles and passageways of the Premises unobstructed throughout the term.
11. Signs. The User will not post or exhibit, or allow another to post or exhibit, signs, advertisements, cards, or posters of any description on the Alabama HOOPS Premises, without the written approval of Alabama HOOPS. The User will remove any sign, advertisement, card, or poster immediately upon the request of Alabama HOOPS.
12. Publicity. The User is solely responsible for the timely payment of all costs and expenses for advertising the Event and shall hold Alabama HOOPS harmless from any such expenses or costs. The User will submit, upon request, all proposed advertising or promotion for Alabama HOOPS approval in writing before the User’s publication, distribution, or other use of same. All advertising and promotion of the Event must identify the location as Alabama HOOPS. Alabama HOOPS will not promote, endorse, or sponsor the Event and the User is prohibited from making any representations to the contrary, whether expressed or implied.
13. Maximum Occupancy. The User will not admit to the Premises more persons than can safely, freely, and lawfully move about therein. The decision of the Facilities Director regarding the maximum number of people to be admitted shall be final. Alabama HOOPS may require that any person or persons be removed from the Premises who are deemed objectionable by Alabama HOOPS, in its sole discretion.
14. Release and Indemnity. Alabama HOOPS shall not be responsible for any claims about injuries to the User’s agents, servants, invitees, employees, or guests, or the damage or loss of their respective personal property, irrespective of the cause, and whether occurring before, during, or after the term of this Agreement. The User shall, and does hereby release, indemnify, and hold Alabama HOOPS harmless, from and against all claims for any such loss, damage, or injury. The User will indemnify and hold Alabama HOOPS harmless from all causes of action, claims, proceedings, or other actions to recover damages for injuries to persons or property arising from the User's occupancy of the Premises and all matters arising from or related to the Event.
15. Insurance.
(a) The User shall obtain, at its own cost and expense, and provide proof of commercial General Liability insurance in the name of the User that designates Alabama HOOPS as an Additional Insured, and which insures all operations of the User and the User’s contractual undertaking of the liability of another and the User’s assumption of liability, as outlined in this Agreement. Such insurance shall be written with a limit of at least One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) aggregate for bodily injury, property damage, and One Million Dollars ($1,000,000) per occurrence for personal injury. Such insurance shall also include an endorsement waiving all rights of subrogation against Alabama HOOPS. The User shall cause such insurance to be primary to and not contributory with any insurance coverage or self-insured program of Alabama HOOPS or any of the other additional named insured, and such insurance shall be excess to any insurance issued to the User. Insurance effected or procured by the User hereunder will not reduce or limit the User’s contractual obligation to indemnify and defend Alabama HOOPS under Section 14 hereof.
(b) The User shall obtain, at its own cost and expense, and provide proof of commercial Automobile liability insurance in the name of the User that designates Alabama HOOPS as an Additional Insured. Such insurance shall be written with a limit of at least One Million Dollars ($1,000,000) combined single limit. Such insurance shall also include an endorsement waiving all rights of subrogation against Alabama HOOPS.
(c) The User shall maintain, at its own cost and expense, and provide proof of Workers’ Compensation insurance, in respect of all employees, players, performers, and any borrowed, leased, or other person to whom such compensation may be payable by the User. Such insurance shall include employer liability insurance written with a limit of at least One Million Dollars ($1,000,000). Such insurance shall also include an endorsement waiving all rights of subrogation against Alabama HOOPS.
(d) The User shall obtain, at its own cost and expense, and provide proof of commercial Umbrella or Excess liability insurance in the name of the User. Such insurance shall be written with a limit of at least Two Million Dollars ($2,000,000). Such insurance shall “follow form” the General Liability, Automobile, and Worker’s Compensation insurance policies for Additional Insured and Waiver of Subrogation against Alabama HOOPS.
(e) The User shall provide to Alabama HOOPS evidence of the insurance required under Subsections 15(a), 15(b), 15(c), and 15(d) above no later than MONTH DD, YYYY. The policies shall provide, and the certificates shall so note, that the coverage may not be canceled or modified without at least thirty (30) days’ prior written notice given to Alabama HOOPS by the insurer issuing the affected policy. All insurance policies shall be (i) issued by insurance companies rated no less than A VIII in the most recent Bests Insurance Guide and (ii) in such form and contain such provisions as are generally considered standard for the type of insurance involved.
(f) If any of the aforesaid policies are issued on a “claims-made” basis, the certificate of insurance shall be accompanied by an endorsement providing for an extended reporting period of no less than 120 days after the policy expiration date.
(g) The User’s failure to maintain the insurance required herein may, in the sole discretion of Alabama HOOPS, result in the termination of this Agreement. IN THE EVENT OF SUCH TERMINATION BY ALABAMA HOOPS, THERE SHALL BE NO FURTHER LIABILITY OF ANY KIND OR NATURE WHATSOEVER BY ALABAMA HOOPS TO THE USER, AND ALABAMA HOOPS SHALL RETAIN THE RIGHT TO PROCEED WITH A LEGAL ACTION AGAINST THE USER TO RECOVER ALL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS) SUSTAINED BY ALABAMA HOOPS BECAUSE OF THE USER’S DEFAULT HEREUNDER.
16. User Responsible for Guests and Property. The User assumes full responsibility for the conduct of all persons admitted to the Premises by the consent of the User or its invitees, guests, employees, or other personnel. Alabama HOOPS may take such action it deems reasonably advisable concerning misconduct of any nature in or upon the Alabama HOOPS premises. The User may, with approval from Alabama HOOPS, leave equipment or Event materials at the Premises during the term, but the User shall be fully and solely responsible for such items.
17. Souvenir and Novelty Sales. The User may sell souvenirs and novelties at the Event in areas designated by the Facilities Director.
18. Taxes, Royalties, and Permits. The User will be responsible for payment of all state, county, and local taxes incurred from sales of any item related to or offered in conjunction with the event covered by this usage agreement (e.g., programs, souvenirs, novelties, clothing, etc.), and any royalties which are incurred by virtue of the Event. The User will be responsible for securing all necessary business, tax, and policy permits for soliciting and conducting the Event.
19. Copyrighted Material. The User shall comply with the Federal Copyright Law of 1978 with respect to all signs, promotional materials, and other items regarding the Event. The User shall indemnify and hold Alabama HOOPS harmless from all claims, losses, or expenses incurred due to any alleged or actual infringement or violation of any copyright related to the Event.
20. Support Personnel. Requirements for support personnel for the Event are determined solely by the Facilities Director, and Alabama HOOPS expenses for such personnel shall constitute Event Expenses. Support personnel may include Department of Athletics staff assigned to the Event, ticket takers, ushers, ticket sellers, security personnel, emergency medical personnel, parking lot attendants, electricians, sound technicians, facility maintenance and operations personnel, event set-up personnel, and housekeeping staff. An estimate of support personnel expenses may be provided by Alabama HOOPS upon written request by the User.
21. Control and Management of Building. The Premises shall be always under the control of Alabama HOOPS. The Facilities Director or his designee may enter the Premises to verify that all rules and regulations of Alabama HOOPS, and the terms of this Agreement, are being properly observed and performed by the User. The Facilities Director may delay or terminate the Event if the User violates the foregoing.
22. Alcoholic Beverages and Smoking. The use or possession of alcoholic beverages on the Alabama HOOPS premises is prohibited. Smoking cigarettes, cigars, or pipes, and the use of electronic or vapor cigarettes are likewise prohibited. Any violation of the foregoing may be cause for immediate cancellation of the Event and the closing of the Premises. The User shall announce this rule and police its observance in the Premises throughout the term of the Event.
23. Technical Requirements. The User shall provide the Facilities Director with a complete and detailed description of all the User’s technical requirements no later than twenty-one (21) days prior to the Event. Such requirements may include, for example, sound, lighting, tables, chairs, scoreboards, and video board usage.
24. Opening Hours. The Premises are customarily open from 7:00 a.m. to 9:00 p.m. In general, gates will open one hour prior to the Event starting time, unless otherwise agreed in writing by Alabama HOOPS.
25. Recording. The User may make photographs and/or audio/video recordings of the Event.
26. Donations. No collections of donations, whether for charity or otherwise, shall be made, attempted, or announced on the Premises.
27. Attorney Fees. If the User breaches this Agreement, it shall be liable to Alabama HOOPS for reasonable attorneys’ fees incurred by Alabama HOOPS due to such breach, regardless of whether the suit is filed.
28. Safety. The User shall not do or permit to be done anything on the Premises or on the Alabama HOOPS premises, or bring or keep anything herein, which will in any way increase the rate of fire or public liability insurance of Alabama HOOPS or in any way conflict with fire regulations of the City of Birmingham. The User shall not operate any engine motor or machinery on the Alabama HOOPS premsies or use oils, burning fluids, camphene, kerosene, naphtha, or gasoline for mechanical or other purposes.
29. Event Interruption or Termination. Alabama HOOPS shall have the right to suspend or terminate any Event when in the sole judgment of Alabama HOOPS it is in the interest of protecting the safety of the public.
30. Evacuation. Alabama HOOPS shall have the sole right to determine when and if it is necessary to evacuate the Premises for whatever reason. If such evacuation results in the suspension or termination of the Event, the User hereby agrees to waive any claims for damages or compensation against Alabama HOOPS resulting from suspension or termination. If Alabama HOOPS suspends the Event and within a reasonable time thereafter (on the same date) declares that the Premises are safe to re-enter, the User will be granted use of the Premises for sufficient time following re-entry to complete the Event.
31. Opening of Doors. Alabama HOOPS reserves the right to open the Premises for access only when Alabama HOOPS deems it is safe for the orderly movement of persons into and out of the Premises. Alabama HOOPS may terminate or suspend Event preparations to accomplish the foregoing.
32. Damages to Premises. The User shall not injure, mar, or deface the Premises or any property therein, and shall not cause nor permit any such activity by the User's agents, employees, invitees, guests, or other personnel anywhere on the campus of Alabama HOOPS. The User will not drive, nor permit others to drive nails, hooks, tacks, screws, or other objects of any kind into any portion of the Premises or equipment therein. If the Premises or any portion of the Premises or personal property therein shall be damaged by the act or omission of any of the foregoing persons, the User will pay to Alabama HOOPS, promptly upon demand, such sum as is necessary to restore the Premises or equipment to its condition as existed at the beginning of the term of this Agreement.
33. Termination. If the Premises or any part thereof shall be damaged by fire, wind, rain, lightning, or any other cause, or if any other circumstance renders the licensing of the Premises to the User impractical, in the judgment of Alabama HOOPS, then this Agreement may be terminated by Alabama HOOPS and the User shall pay the Base License Fee and the Event Expenses only for use and occupancy of the Premises up to the time of such termination, and the User shall have no other additional claim or recourse against Alabama HOOPS arising from such termination.
34. Governing Law. This Agreement shall be governed by, and construed by, the laws of the state of Alabama, without regard to its conflicts of law doctrines.
35. Mutual Consent/Written Notice. This Agreement, including any exhibits and addenda hereto, shall not and cannot be assigned or transferred by either party without the written consent of Alabama HOOPS and the User. Alabama HOOPS makes no representations or agreements, oral or otherwise, in addition to or inconsistent with the terms of this Agreement. Notices shall be in writing and personally served or mailed by first class, postage prepaid, certified mail, return receipt requested, by serving or addressing the same to Alabama HOOPS, 798 Montclair Birmingham, Alabama 35213; and to the User as follows:
NAME:
ADDRESS:
CITY, STATE, ZIP:
CONTACT:
36. Compliance. The User shall comply with all additional rules, regulations, or arrangements not expressly provided in this Agreement, which Alabama HOOPS communicates to the User and which Alabama HOOPS deems necessary for conducting the Event at the Premises, and all such rules, regulations and arrangements shall be binding upon the User. The User shall comply also with the governing laws of the United States and the State of Alabama.
37. Compliance with Americans with Disabilities Act (ADA). The User shall be solely responsible for ensuring, at its own expense, that its use of the Premises shall comply with the ADA, and that it shall provide all auxiliary aids such as assisted listening devices and American sign language interpreters, as may be necessary to ensure compliance.
38. Dispute Resolution. Any dispute arising under or about this Agreement, or the subject matter hereof, shall be determined by binding arbitration in Jefferson County, Alabama according to the Commercial Arbitration Rules of the American Arbitration Association. The decision rendered in such arbitration may be filed with and enforced by any court of competent jurisdiction.
39. Force Majeure. The User and Alabama HOOPS acknowledge and agree that exigencies beyond the reasonable control of either party, including Acts of God, fire, hurricane, tornado or other extraordinary meteorological conditions, Acts of Common Enemy, civil disorders, orders of military or governmental authorities, or sudden and unanticipated conditions at the Premises may render it impossible or highly undesirable to conduct the Event under this Agreement. In any such circumstances, the Event shall be canceled or, if the parties agree, rescheduled as the circumstances may require. Any such cancellation for the reasons set forth herein shall relieve both parties of all obligations under this Agreement relative to the canceled Event
FURTHER TERMS AND CONDITIONS
*The dates below constitute all events covered under this Agreement. *
EVENT, DAY OF WEEK MONTH DDth, YYYY, 0:00am/om-0:00am/pm EVENT, DAY OF WEEK MONTH DDth, YYYY, 0:00am/om-0:00am/pm
Exhibit A:
USER INFO
(User) to Provide:
• $00,000 rental payment and signed rental agreement.
• Certificate of Liability insurance naming Alabama HOOPS as an additional insured • Diagram and technical specifications for Set-Up of Stage and Arena Floor
• If User utilizes reserved parking for administration, graduation organizers, vendors, etc.
User must distribute parking passes and provide Alabama HOOPS with an image of the parking pass.
• Name and contact information as well as technical specifications for any band, choir, or musical performances
• One (1) City/County/School Uniformed Police Officer to be present and available while students are on-premises during any portion of the event to address any incidents if they arise.
• One (1) Certified Athletic Trainer/registered School Nurse to be present and available during any portion of the event to assist with coordinating guest emergency response.
Alabama HOOPS to Provide:
• Rental of the Alabama HOOPS premises for EVENT
• All labor, management, and expenses related to facility preparation and event operations for graduation ceremonies to include:
o Set up and tear down of a 44ft (W) by 24ft (D) stage with two (2) staircases and ADA accessible ramp.
o Use of facilities equipment to prepare stage, arena floor, and auxiliary spaces including choral risers, padded folding chairs, podium, lectern, and tables.
o Set up and tear down floor covering to support the installation of custom temporary carpet.
o The installation of temporary carpet for the EVENT by Alabama HOOPS
Facility and Operations staff or another qualified vendor.
o The rental and installation of black curtains to serve as stage backdrop by JRP Productions, LLC, or another qualified vendor.
o Base stage greenery design and rental for back of stage, podium, front of stage, and arena floor by Placing Petals, LLC, or another qualified vendor.
o Load in of one (1) formatted school branding or event signage image into center-hung video board and wall mounted video board for display during ceremony (Additional images, elements, and livestreaming can be created and produced for an additional
charge)
o Providing a house audio technician to set up, tear down, and operate sound elements
of rehearsal and ceremony including podium microphones, choral microphones, use of
house speakers, filler speakers.
o Management and expenses related to Alabama HOOPS providing traffic support, venue
security, and emergency response.
o Management and expenses for Homewood Police Department Special Events Unit to
control traffic flow exiting campus following the conclusion of ceremony (Can
arrange for pre-ceremony traffic control for additional charge)
o Management and expenses for all guest services staff to include ticket
scanners/takers, ushers, and EVENT parking lot attendants provided by
Alabama HOOPS Event Staff and Stadium People/Innovative Solution Advisors, LLC
o Set up of event in Audience View Unlimited ticketing software and printing 4,563
(capacity) tickets for each school to distribute to their guests.
o Management and expenses to provide custodial services before, after and during each
ceremony to care for the area floor and stage, restroom areas, and guest seating areas
with campus partner Creativa.
Exhibit B: Event Expense Estimate
Expenses Total Cost No Additional Expenses Outside of Technical Rider Estimated as of MM/DD/YYYY N/A.
TOTAL ESTIMATED DIRECT COSTS (AS OF MM/DD/YYYY) $00,000.00
Alabama HOOPS
By: ______________________________________ Date: _____________________ Charles Newton
Title
Event
By: __________________________________ Date: ______________________ Print Name:
Title:
