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Facilities Use Agreement

This agreement between Calvary Assembly of God, 116 Snider Ave., Waynesboro, PA (“Owner”) and the above party (“User”) will take effect on Saturday, September 10, 2022 (rain date of September 24, 2022) from 6 am to 3 pm (includes 1 hour set up time and 1 hour tear down time). WHEREAS Owner owns premises at 116 Snider Ave., Waynesboro, PA which is normally used for church activities and WHEREAS, User desires to use the Parking Lot area of the facility for the purpose of participation in community yard sale, and WHEREAS, Owner has agreed to allow User to use the facilities provided that the following terms and conditions are met.

IT IS THEREFORE AGREED BY AND BETWEEN THE PARTIES:

1.     Owner agrees to let User use the above-described premises for the above-described purpose on Saturday, September 10, 2022, from 6 am to 3 pm. Rain Date is Saturday, September 24, 2022. This includes 1 hour for set up and 1 hour for cleanup. The actual Community Yard Sale is from 7 am to 2 pm. Pastor Jane Carlson is the contact person for the Owner and the above party is the contact person for User to coordinate the details of usage.

2.     Fee Agreement. User agrees to pay Owner $10 for each 10 ft by 10 ft space rented and $5 per table rented.

3.     User agrees it will not use the premises for any unlawful purposes, and will obey all laws, rules and regulations of all governmental authorities while using the above described facilities.

4.     User agrees that it will not sell offensive material that is contrary to the mission, purpose, or belief of the Owner, which is a biblically based religious institution.

5.     User agrees to hold harmless, indemnify and defend Owner (including Owner’s agents, employees, and representatives) from any and all liability for injury or damage including, but not limited to, illness, exposures to infectious/communicable disease, bodily injury, personal injury, emotional injury, or property damage which may result from any person using the above described premises, its entrances and exits, and surrounding areas, for User’s purposes, regardless od whether such injury or damage from the negligence of the Owner (including Owner’s agents, employees and representatives) or otherwise.

6.     User agrees to be responsible for preparing for use and returning to the pre-use condition all areas of the premises which User will use, including entrances and exits.

7.     This agreement may be cancelled unilaterally by either party with 7 days’ notice to the other party.

8.     In the event that Owner must cancel this agreement, User will be entitled to any deposit User has paid. However, in no event will Owner be liable to User for any lost profits or incidental, indirect, special, or consequential damages arising out of User’s inability to use the above described premises, even if Owner has been advised of the possibility of such damages.

9.     User agrees that it will not assign any of its rights under this agreement, and any such assignment will void this agreement at the sole option of the Owner.

10.  Owner and User agree that any disputes arising under this agreement will be resolved via a mutually acceptable alternative dispute resolution process. If Owner and User cannot mutually agree upon such a process, the dispute will be submitted to a three-member arbitration panel of the American Arbitration Association for final resolution.

11.  This document contains the entire agreement of the parties and supersedes all prior written or oral agreements related to the subject matter.

Dwan N. Newsome                               

Lead Pastor