WHEREAS; Association owns certain Equipment such as trailers, inflatable games, food machines, generator and other items necessary to hold a ministry event; and
WHEREAS; Church desires to use the Equipment for the purpose of having an evangelism/ministry event or other church event; and agrees to return this Equipment Use Agreement, Portable Itinerary Form and payment within two weeks of making reservation. If Association does not receive documents and payment within two weeks, the reservation may be cancelled; and
WHEREAS; Association has agreed to allow Church to use said Equipment provided that the following terms and conditions are met.
1. Association agrees to let Church use the above-described Equipment for the purpose of an evangelism/ministry or other church event.
2. Fee Agreement - Church agrees to pay Association for the use of the Equipment. (Fees are used for upkeep and maintenance of the ministry equipment)
3. Church agrees not to use the Equipment for any unlawful purposes, and will obey all laws, rules, and regulations of all governmental authorities while using the Equipment. Church also agrees to use the Equipment in a careful and proper manner.
4. Church agrees not to use the Equipment for any purpose that is contrary to the mission, purpose, or belief of the Association, which is a biblically- based religious institution.
5. Church shall maintain the Equipment for any purpose in good repair and operating condition, allowing for reasonable wear and tear.
6. Insurance Requirements: Church will maintain the insurance coverages shown below:
Liability Insurance - Church promises and warrants that it carries liability insurance with a minimum liability occurrence limit of $1,000,000 or lesser amount by agreement with Association. The Church will provide a Certificate of Insurance to the Association at least seven days prior to the date upon which the Church begins to use the above-described Equipment.
7. Church agrees to hold harmless, indemnify and defend Association (including Association’s agents, employees, and representatives) from any and all liability for injury or damage including, but not limited to, bodily injury, personal injury, emotional injury, property damage, or financial damage, which may result from any person using the equipment while the equipment is in the care of Church, regardless of whether such injury or damage results from the negligence of the Association (including Association’s agents, employees, and representatives) or otherwise.
8. Association, being neither the manufacturer, nor a supplier, nor a dealer in the equipment, makes no warranties, express or implied, as to any matter whatsoever, including, without limitation, the condition of the equipment, its merchantability, its design, its capacity, its performance, its material, its workmanship, its fitness for any particular purpose, or that it will meet the requirements of any laws, rules, specifications, or contracts which provide for specific apparatus or special methods. Church accepts the equipment “AS IS”.
9. Church agrees that if the equipment fails to perform after acceptance by Church, it will be the responsibility of Church to repair and correct the problem. Church further agrees that Association will not be responsible for any failure of equipment for any reason. Church agrees that any equipment loaned will be returned in as good a condition as when it was received and that any damages will be the responsibility of the Church who will pay for required repairs or replacement.
10. Church also agrees that their Contact Person will read the Equipment Handbook, have someone attend the required safety training and/or watch the CABA Block Party Training Video at www.cincinnatibaptist.com as well as:
onlinetowingguide.com;
https://drive.google.com/file/d/1cOqittun4Cm-ZtRU4QbBtPjsYR0wpBaS/view
https://www.youtube.com/watch?v=BYpDlwsaTMQ
www.youtube.com/watch? v=VvFWfrkY688
11. If Church decides not to use the equipment, Church will contact Association immediately. Church agrees to arrange for all transportation of equipment and any associated costs.
12. Church has inspected the equipment and acknowledges that the equipment is in good and acceptable condition.
13. Church agrees not to assign any of its rights under this agreement, and any such assignment will void this at the sole option of the Association.
14. Association and Church agree that any disputes arising under this agreement will be resolved via a mutually acceptable alternative dispute resolution process. If Association and Church 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.
15. This document contains the entire agreement of the parties and supersedes all prior written and oral agreements relating to the subject matter.
