PREMISES USE AGREEMENT:
In consideration of the use of certain facilities, described more fully herein, the Licensee agrees to the following conditions:
1. Licensee will provide supervision for the events and for all of its activities without the assistance or involvement of Wisdom House Retreat and Conference Center.
2. After use of the subject facilities has been completed, the Licensee agrees to leave the facilities and all equipment in a clean and orderly condition and in the same condition as they were prior to Licensee’s use, except for normal wear and tear.
3. Licensee and its parent companies/entities, subsidiary companies/entities, affiliate companies/entities, directors, trustees, officers, employees, servants, volunteers, and agents (hereinafter collectively known as “Licensee”), shall, during the term of this Agreement, hold harmless, defend, and indemnify Wisdom House Retreat and Conference Center, and its parent companies/entities, subsidiary companies/entities, affiliate companies/entities, directors, trustees, officers, employees, servants, volunteers, and agents from and against all actions, causes of action, lawsuits, obligations, liabilities, losses, penalties, fines, costs, including damages for personal injury, including sickness, disease, death, property damage, economic losses, or a violation of law, and expenses, including reasonable attorneys’ fees, all legal expenses, and fees incurred on appeal and interest thereon, accruing or resulting to any and all persons, firms, or any other legal entity as a result of or arising from the use of the premises by Licensee, and any negligent actions or failure to act by Licensee, intentional, criminal, and/or reckless actions or failure to act by Licensee which Wisdom House Retreat and Conference Center may incur, be exposed to, become responsible for, or payout. Licensee shall assume the investigation, defense, and expense of all such claims and causes of action. All costs, expenses, damages, and losses incurred in connection with this Paragraph shall be due and payable by Licensee within fifteen (15) days of written demand thereof by Wisdom House Retreat and Conference Center.
4. Throughout the term of this Agreement, Licensee shall purchase and maintain comprehensive general liability coverage for Licensee and its parent companies/entities, subsidiary companies/entities, affiliate companies/entities, directors, trustees, officers, employees, servants, volunteers, and agents with limits of not less than $1,000,000 per occurrence and $3,000,000 annual aggregate, adding Wisdom House Retreat and Conference Center as an additional insured for any and all claims arising out of, or in association with, this Agreement; and the policy will be considered primary insurance and any other coverage shall be excess. Before Licensee is allowed on the premises pursuant to this Agreement, Licensee shall furnish a certificate from their carrier and all endorsements evidencing compliance with this Section. Any failure on the part of the Wisdom House Retreat and Conference Center to insist upon the receipt of a certificate of coverage and applicable endorsements is not a waiver of any rights that the Wisdom House Retreat and Conference Center has under this Paragraph. In the event Licensee fails to purchase or procure this said coverage, as required above, the parties expressly agree that Licensee shall be in default under this Agreement, and that Wisdom House Retreat and Conference Center may recover all attorneys’ fees and costs expended in pursuing a remedy, or reimbursement, at law or in equity, against Licensee. Lastly, Licensee shall purchase and maintain workers’ compensation coverage in an amount not less than the limits required by law with employer’s liability coverage.
5. Nothing herein shall require Licensee to defend or indemnify Wisdom House Retreat and Conference Center for claims arising from Wisdom House Retreat and Conference Center’s negligence or willful misconduct.