I. Rates and Fees
The University will supply facilities, equipment and services in accordance with Addendums I, II, III, IV attached hereto and incorporated in this contract.
Deposits on Facility Rental and Services: Facility rental is guaranteed once the deposit is received. A deposit equaling 25% of estimate expenses is required and is non-refundable.
Balance Due on Facility Rental and Services: All expenses for rental and physical needs will be invoiced through The University and must be paid in full three weeks prior to the event, unless other arrangements have been approved by The University. Any additional charges may be billed at a later date.
Cancellations on Facility Rental and Services: All cancellations must be made in writing at least ten working days prior to the scheduled event. If cancellation of the event occurs within ten days prior to the event, The Sponsoring Party will be liable for full facility rental charge.
If The University, for reasons beyond its control, cancels this Agreement, it shall give prompt notice of such fact to The Sponsoring Party. Upon cancellation by The University, any amounts paid by The Sponsoring Party to The University for which accommodations and/or services have not been rendered, will be refunded, and neither party will have any further liability and/or obligation to the other.
Damage Deposit: The Sponsoring Party and occupants are wholly responsible for damages or losses incurred in the accommodations and The Sponsoring Party will be assessed accordingly. At the discretion of the Office of Conference and Event Services, The Sponsoring Party agrees to pay a damage deposit upon receipt. The deposit will be refunded, minus any damage identified, by a returned check to The Sponsoring Party or applying balance to The Sponsoring Organization’s final invoice as indicated on the Preliminary Invoice attached.
II. Use of Premises
Event itinerary and preliminary arrangements for room set-up and catering must be coordinated at least three weeks prior to your event with The University, and confirmed three business days prior to event. All items brought in for the event, such as decorations, centerpieces or gifts, must be removed at the end of the event. The University is not responsible for any items remaining in facility following the designated exit time. Only authorized personnel may remain in the University facilities after official closing time. The facility is available one hour prior to event start time and 30 minutes following event end time.
The following are not permitted and will be removed by event staff: candles, sparklers, items adhered to walls, doors or windows of the building, use of aerosol sprays, confetti, alcohol not being served by catering staff. Use of any of the above items will result in a loss of the damage deposit, or result in a bill to the Sponsoring Party for damages incurred following the event, if no damage deposit is collected.
The University reserves the right for authorized representatives to enter the rented premises for regular housekeeping, the establishment of order, repair or maintenance and to determine occupancy.
III. Indemnity
Each party agrees to defend, indemnify and hold the other party, its affiliates, directors, officers, employees, agents, and subcontractors harmless against any and all liability, claims, suits, judgments, losses, damages, fines or costs (including reasonable attorneys fees and expenses) resulting from any claim, suit or demand by any party for injuries or damages suffered or sustained which are caused by the acts or omissions of the indemnifying party’s employees, agents, or subcontractors in course of their performance under this Agreement.
IV. Insurance
At the discretion of the Office of Conference and Event Services
The Sponsoring Party shall at its own expense obtain and maintain:
- Public Liability Insurance: Comprehensive general liability insurance or a personal homeowners policy, covering bodily injury and property damage in the sum of not less than one-million dollars ($1,000,000) each occurrence and $1 million general aggregate
FOR THE FOLLOWING COVERAGES, IT CAN BE WAIVED BY THE OFFICE OF CONFERENCE AND EVENT SERVICES FOR WEDDINGS, PERSONAL EVENTS, AND OTHER EVENTS AS DETERMINED BY THE UNIVERSITY.
- Workers Compensation: Workers’ compensation insurance in accordance with statutory requirements.
- Automobile: Comprehensive automobile liability insurance, including operation of owned, non-owned, and hired automobiles, covering bodily injury in the sum of not less than one-million dollars ($1,000,000) per occurrence combined single limit.
- Umbrella Liability in an amount of $3 million or $5 million depending on what activities are involved.
Waiver of Subrogation: Sponsoring Party must waive all rights of subrogation against Duquesne University of the Holy Spirit, all of their officers, directors, employees and agents for recovery of damages
All insurance required hereunder shall be maintained in full force and effect in a company or companies reasonably satisfactory to Duquesne and shall be maintained at Sponsoring Organization’s expense.
If a corporation or business entity is renting the facility, All insurance required hereunder shall name "The Directors and Officers of Duquesne University, its agents, its employees, and its assigns" as additional insureds. Certificates of insurance which evidence compliance with provisions of this section must be supplied to the Office of Conference and Event Services fifteen days prior to the event.
V. Delinquent Payments
In the event The Sponsoring Party becomes delinquent or defaults on the payment of this contract whether in full or in part, it shall grant The University the right to surcharge for any and all expenses for collection agencies, legal counsel or legal fees, that becomes necessary in collection of invoices submitted pertaining to this contract.
A service charge of 1% per month will be assessed for delinquent invoices.
VI. Parkhurst Dining Service
The University provides rental of facility only. Parkhurst Dining is the exclusive contracted food provider on campus. Outside food is prohibited. Arrangements for catering, including food, linens, beverages, bar set-ups and bartenders, etc…must be made directly with Parkhurst Dining, 318 Duquesne Union, 412-396-6623. All expenses for this service will be billed by and shall be paid directly to Parkhurst Dining.
VII. Alcohol Policy
All alcoholic beverage service at receptions and/or catered events is to be arranged through Parkhurst Dining. Parkhurst Dining and The Sponsoring Party share mutual responsibility to see that the service of alcoholic beverages is in compliance with all of the laws of the Commonwealth of Pennsylvania, and that, in particular, no minors nor persons who are visibly intoxicated are served alcoholic beverages. Duquesne University expects The Sponsoring Party to assume responsibility for inappropriate behavior of its guests such as providing alcohol to minors. Parkhurst Dining is responsible for any inappropriate direct service to minors.
VIII. Smoking Policy
Duquesne University has a vital interest in maintaining a healthy and safe environment for students, faculty, staff, and visitors. It is for this reason that Duquesne University prohibits smoking in University buildings. For purposes of this policy, the term ‘smoking' shall include the use of all tobacco based products as well as electronic smoking devices. This policy also ensures compliance with the Pennsylvania Clean Indoor Air Act, 35PS230.1 and title Six of Chapter 617 of the City of Pittsburgh Code and Allegheny County Ordinance No 23-06-OR, as amended.
Smoking is prohibited in all University buildings, including but not limited to classrooms, administrative offices, private offices and other workplaces, eating facilities, lobbies, restrooms, libraries, auditoriums, recreational facilities (including Rooney Field and the Gumberg Library Plaza) and in residence halls. Smoking will also be prohibited at least twenty five feet in front of all building entrances or near air intake vents that may direct smoke into buildings.
IX. Protection of Minors
Duquesne University places the highest emphasis on the safety and wellbeing of its students, faculty and staff. The University places the same emphasis on the safety and wellbeing of its campus visitors and particularly those visitors who are minors. Any Event Coordinators facilitating an event with minors and all Supervising Adults entrusted with the care, custody, control and supervision of minors must abide by the provisions set forth by Duquesne University’s Protection of Minors Policy, as outlined online at http://www.duq.edu/about/administration/policies/volunteers-and-minors.
IX. Force Majeure
In the event that either party is unable to perform its obligations under this Agreement as a result of a force majeure, neither party shall be liable to the other for direct or consequential damages resulting from lack of performance. "Force Majeure" shall mean fire, earthquake, flood, act of God, strikes, work stoppages, or other labor disturbances, riots or civil commotions, litigation, war or other act of any foreign nation, power of government, or governmental agency or authority, or any other cause like or unlike any cause above mentioned which is beyond the control of either party.
X. Entire Agreement
This Agreement constitutes the entire agreement and there are no oral or other representations regarding the subject of this Agreement that are binding on either party. All changes to this Agreement must be in writing, signed by both parties.
XI. Choice of Law
The laws of the Commonwealth of Pennsylvania shall govern the validity, construction and effect of this Agreement.
XII. Assignment
Neither party shall have the right to assign this Agreement without the prior written consent of the other party.