KX31379_IHD Training Event_ Contract 11-14.pdf

LOYOLA UNIVERSITY OF CHICAGO

CONFERENCE AGREEMENT

November 14, by and between Loyola University of Chicago, an Illinois not-for-derived hereunder, the parties agree to the following terms and conditions:

1. AGREEMENT FEES AND PAYMENT:

A. Loyola shall provide the Organization with use of certain of its facilities and other services for the Organization Organization shall pay all fees for the Conference, including but not limited to facility use charges (including meeting room charges, overnight accommodations, food and beverages, additional personnel and other services, such as equipment, set up (as described on the attached set up information taxes, all of which are set forth in Exhibit A to this Agreement. A non-refundable deposit, also set forth in Exhibit A, must be paid when the Organization returns a signed copy of this Agreement to Loyola. The non-refundable deposit and other payments should be made payable to Loyola University of Chicago. Fourteen days prior to the event, the remaining balance of the estimated total costs to include catering are due. Following the Conference, a written itemized statement will be sent to the Organization. The Organization must pay any remaining balance within thirty (30) calendar days of the end of the Conference. If the Organization fails to pay the remaining balance within thirty (30) calendar days of the end of the Conference, the Organization agrees that it will pay a late payment charge of 1.5% per month, accrued on a daily basis, but not in excess of the lawful maximum, on the past due balance. Any alleged error in the statement should be reported to Loyola s Conference Services Department within fifteen (15) calendar days of the billing date.

B. For a Conference for which the Organization requires overnight accommodations t least forty-five (45) calendar days prior to the Overnight

Conference, the Organization must submit to Loyola a written confirmation stating the number of Overnight Conference attendees, including those who will require overnight accommodations.

The Organization will be billed based on the confirmed number of Overnight Conference attendees even if the actual number of attendees is lower than the confirmation number. No exceptions will be made. Requests made to allow additional Overnight Conference attendees above the numbers submitted at the time of contract may be granted at Loyola s discretion, and are not guaranteed. Loyola may require the Organization to pay an extra fee for such additional Overnight Conference attendees.

in Section 1(A) above, includes an Overnight Conference.

C. The Organization must submit to Loyola within twenty one (21) calendar days of the date of this Agreement if the Conference is scheduled more than ninety (90) calendar days in advance, or no later than 48 hours prior to the first day of the Conference in all other cases, the following documents: a signed copy of this Agreement, the non-refundable deposit, evidence of the Organization s status as an organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, if applicable, a copy of its Illinois sales tax exemption letter, if applicable, and the certificates of insurance referred to in Paragraph 12 of this Agreement to Loyola.

2. CONFERENCE SCHEDULE: To assure a well-organized Conference, the Organization will send a tentative written schedule with a list of any Other Services (as defined above) to Loyola at least thirty (30) calendar days prior to the Conference. A final written schedule must be submitted to Loyola at least twenty-one (21) calendar days prior to the Conference. In advance of a Conference involving minors, the Organization will either: (a) complete the training required by Loyola in connection with the Loyola Minors Policy; or (b) certify to Loyola in writing that that the Organization has completed training that complies with the Loyola Minors Policy.

3. CONFERENCE RELOCATION: Loyola reserves the right to relocate the Conference to other rooms, if applicable, or to other available facilities, or to reschedule an outdoor Conference due to inclement weather or any other reason, subject to facility availability. Loyola shall provide the Organization with written notice of the relocation or telephone notice if rescheduling/relocation occurs on the day of the Conference.

4. CONFERENCE CONDUCT:

A. The Organization agrees to conduct the Conference in an orderly manner and agrees to fully comply at all times with all Applicable Loyola Policies and all Applicable Laws (each as defined below). The Organization further agrees not to discriminate in any manner or to deny the equal privileges and enjoyment of having free and open access to the Conference on the basis of race, color, religion, national origin, sex, age, disability, marital status, sexual orientation, gender identity, veteran status or any other factor protected by law. The Organization also expressly agrees to provide, at its own expense, all accommodations required by the Americans with Disabilities Act in conjunction with the Orga . Loyola reserves the right to inspect the Conference, to remove from Loyola s premises any persons violating Applicable Loyola Policies or Applicable Law and to discontinue any activities which violate such standards. The Organization represents and warrants that it has obtained and maintains all applicable permits, certifications, trainings, background checks, and/or licenses necessary to operate the Conference and/or required by Applicable Law or Loyola Minors Policy. The Organization also represents and warrants that it maintains appropriate policies, rules, procedures and guidelines to reasonably ensure the safety and protection of minors attending or associated with the Conference.

B. The Organization shall provide adequate, reasonable and appropriate supervision of all adult persons associated with the Conference at all times while such adult persons are on Loyola s premises in accordance with all Applicable Loyola Policies. Applicable Loyola Policies are available from Loyola s Conference Services Department. The Organization shall ensure adequate, reasonable and appropriate supervision of all minor persons attending the Conference or associated with the Conference at all times, including without limitation at the ratios described below while such minor persons are on Loyola s premises: (1) Minors 6-8 years of age: 1 adult supervisor for every 6 minors;

(2) Minors 9-14 years of age: 1 adult supervisor for every 8 minors; and (3) Minors 15-18 years of age:

1 adult supervisor for every 10 minors.

C. The Organization shall be responsible to obtain and maintain from each Conference attendee (or in the case of minors, from their parent or guardian) a Consent, Waiver of Liability and Assumption of Risk which contains the language set forth in Exhibit B to this Agreement. The Organization is solely responsible for all Conference attendees and any other persons associated with the Conference. For Conferences at which minors will be present, the Organization shall be required to conduct background checks on any adult employees, agents or volunteers attending the Conference.

Such background checks must include, at a minimum, a social security number trace to determine current and prior residences, criminal felony and misdemeanor checks at all residences, a f ederal criminal check and the National Sex Offender Registry check. The Organization will not allow or check discloses any violent crimes and/or any crimes involving children.

D. The possession, display, and/or use of dangerous objects including, but not limited to, firearms (including BB or pellet guns), fireworks, sparklers, drones, smoke bombs, explosives, ammunition, hunting knives, swords, sabers, or anything that could be perceived or misrepresented as a

The Organization acknowledges and agrees that none of the Organization or its employees, officers, directors or agents or any Conference attendees, persons associated with the Conference, guests or third persons shall possess, display, and/or use any Dangerous Objects on Loyola property.

E. The Organization shall clearly, accurately and thoroughly inform Loyola of all complaints, incidents, situations and/or accidents that occur on Loyola premises during the Conference, including without limitation any misconduct or inappropriate behavior and anything that might otherwise give rise to a claim against Loyola or adversely affect Loyola in any way. The Organization shall be responsible for providing clear, accurate and thorough written and verbal notification, and the Organization will immediately respond to and provide all information and materials requested by Loyola. Such notification shall be provided as soon as reasonably possible but will not exceed twenty-four (24) hours after Organization is aware of such incident, situation or accident.

F.

regulations and legal requirements, including without limitation any applicable reporting and disclosure laws, rules, regulations and legal requirements relating to minor abuse or neglect and COVID- licies policies, rules, codes and regulations of Loyola, as adopted and amended from time to time, including without limitation recommendations or guidelines COVID-19/coronavirus disease, the Loyola Minors Policy (as defined below) and, for an Overnight Conference only, Halas Sports Center and residence hall policies; (3) me to time, including without limitation all its obligations and requirements concerning training, supervision, local, municipal, Illinois, Cook County, City of Chicago or other laws, orders, rules, regulations, policies, mandates, restrictions, recommendations, standards or guidelines relating to COVID- 19/coronavirus disease, including without limitation: (a) any of the foregoing issued or approved by or otherwise from the World Health Organization, the Centers for Disease Control and Prevention, the Illinois Department of Public Health, the Cook County Department of Public Health, the Chicago Department of Public Health and all other applicable public health authorities for the location of the Event; and (b) any of the foregoing concerning cleaning, sanitization, face masks, social distancing, sanitization, ventilation, testing and vaccination.

5. FOOD AND BEVERAGE SELECTION:

A. For an Overnight Conference only, all meals, except for catered meals, will be served cafeteria style in the Campus Dining Room unless otherwise specified. There will be no refunds for meals not eaten or for Overnight Conference attendees who depart early.

B. For any Conference, all catered meals must be purchased by the Organization and arranged through Loyola s designated catering service, ARAMARK Educational Services, Inc. In no event shall changes to food and beverage selection be considered later than ten (10) business days (Monday through Friday, excluding holidays) before the Conference. Changes in food and beverage selections may result in adjustments to the fees required to be paid by the Organization. No food or beverage of any kind will be permitted to be brought in or taken out of Loyola by the Organization without written permission from Loyola s Conference Services Department. No alcoholic beverages can be sold or otherwise provided directly or indirectly (e.g., sale of tickets redeemable for alcoholic beverages) on Loyola s premises.

6. DISPLAYS AND DECORATIONS: All displays or exhibits associated with the Organization or the Conference and the arrangement of such displays and exhibits must have prior written approval of Loyola. Displays and exhibits must comply with all Applicable Law. Banners or other displays which are to be hung at Loyola must be provided to Loyola at least five (5) business days prior to the Conference and such banners or similar materials may only be hung by Loyola personnel.

7. ADVERTISING AND THE USE OF LOYOLA S NAME: The Organization shall provide Loyola s Conference Services Department with an advance copy of its proposed advertising for the Conference for approval, in order to ensure that Loyola and its affiliates are properly represented. The Organization agrees not to use the name of Loyola, or any variation thereof now or hereafter used by Loyola, in conjunction with the Conference at Loyola without the prior written approval of Loyola (which approval may be withheld in Loyola s sole discretion) and in the event of such approval, only in the manner and at such times as shall be prescribed in such approval. Any such proposed advertising will clearly state that the Organization is not affiliated with Loyola, and Loyola is not a sponsor or co-sponsor of the Conference.

8. MAILING: Loyola will not be responsible for any Conference materials mailed to any Loyola campus.

9. PARKING: The Organization shall be responsible for all travel arrangements to and from Loyola. Conference attendees and other persons associated with the Conference may use visitor parking if available; however, they shall be responsible for paying any applicable fees for such parking.

10. CHECK-IN: For an Overnight Conference only, the Organization and all Overnight Conference attendees must abide by the check-in procedure and traffic pattern that is designated by Loyola s Conference Services Department.

11. HALAS SPORTS CENTER: For an Overnight Conference only, for Organizations who are entities described in Section 501(c)(3) of the Internal Revenue Code, adult Overnight Conference attendees may have access to the Halas Sports Center at an additional charge.

12. INDEMNIFICATION AND INSURANCE:

A. The Organization agrees to indemnify and hold harmless Loyola, its affiliates, including Mundelein College, and each of their respective agents, employees, officers, directors and trustees from and against any and all claims, suits, demands, liabilities, obligations, damages, costs, expenses, every kind and character related to or arising out of (A) the Organization, (B) the Conference, (C) the D obligations under this Agreement, including without limitation, any injuries caused by vehicles operated by the Organization or any persons associated with the Conference, breach or violation of any Applicable Loyola Policies (including without limitation the Loyola Minors Policy) or any Applicable Law, or (F) any alleged or actual negligent or willful acts or omissions of the Organization, its employees, agents, officers, directors, Conference attendees, persons associated with the Conference, guests or third persons. Loyola agrees to provide the Organization with prompt notice of any Claim, and if Loyola elects to have the Organization provide a defense to Loyola, to tender control of the defense of the Claim to the Organization and to cooperate with the Organization in investigation, settlement or defense of the Claim. This section shall survive the termination of this Agreement.

B. The Organization agrees to maintain, at its expense, for the period of the Conference the following insurance coverages:

1) for bodily injury by accident, $500,000 per employee for bodily injury by disease, and $500,000 aggregate, and including a waiver of subrogation in favor of Loyola.

2) Commercial General Liability Insurance with minimum limits of $1,000,000 per occurrence and $2,000,000 aggregate for each occurrence of bodily injury and property damage, and including a waiver of subrogation in favor of Loyola. Coverage shall include personal and advertising injury, products-completed operations, independent contractors, and liability assumed under an insured contract. Loyola and its trustees, officers, employees, agents and affiliates shall be named as additional insureds under the Commercial General Liability Insurance.

3) If minors are to be involved in the Conference, Sexual Molestation coverage shall be included in the Commercial General Liability Insurance or be separately provided with minimum limits of $1,000,000 per occurrence and $2,000,000 aggregate.

4) Automobile Liability Insurance (including owned, non-owned and hired) with a minimum combined single limit of $1,000,000 for bodily injury including death and property damage liability.

5) Umbrella/Excess Liability Insurance with minimum limits of $3,000,000 per occurrence and $3,000,000 in the aggregate excess of primary Commercial General Liability Insurance and on a follow-form basis.

The Organization shall provide Loyola with certificates of insurance evidencing all of the above required insurance on the date it submits this signed Agreement to Loyola, which date shall be prior to the start of the Conference. The Organization agrees that such insurance will not be modified or

All insurance shall be written by insurers licensed to do business in the State of Illinois, shall have a current minimum A. M. Best rating of A-/VII, and shall be primary and non-contributory with respect to any other insurance or self-insurance afforded to Loyola. If the Organization employs or otherwise engages any contractor, subcontractor, vendor, lessee or any other party in connection with the Conference, such party shall meet all of the same insurance terms as required of the Organization under this Agreement. The issuance or maintenance of insurance of any type by Organization will not be deemed or construed to release, limit, waive, or discharge Organization from any of the indemnities, obligations, liabilities, or risks imposed by this Agreement or Applicable Law.

13. CANCELLATION: The Organization may cancel the Conference by giving Loyola s Conference Services Department prior written notice. Notice is effective upon receipt by Conference Services Department. The Organization shall pay a cancellation fee to Loyola in the amount indicated below and shall include with the notice of cancellation such cancellation fee:

Notice of Cancellation Received by Loyola Cancellation Fee 181 or more days prior to Conference 20% of Total Estimated Costs

(including catering as set forth on Exhibit A hereto)

180 to 91 days prior to Conference 40% of Total Estimated Costs (including catering as set forth on Exhibit A hereto)

90 to 31 days prior to Conference 60% of Total Estimated Costs (including catering as set forth on Exhibit A hereto)

30 to 15 days prior to Conference 80% of Total Estimated Costs (including catering as set forth on Exhibit A hereto)

14 days and under prior to Conference 100% of Total Estimated Costs (including catering as set forth on Exhibit A hereto)

If the Conference cannot take place (A) by reason of acts of God; earthquakes, floods, hurricanes or other natural disasters or catastrophes; nuclear disasters or catastrophes; fires; wars; civil or military disturbances; acts of terrorism; sabotage; acts of government (including without limitation any international, federal, state, local, municipal, Illinois, Cook County, City of Chicago or other laws, orders, rules, regulations, policies, mandates, restrictions, recommendations or guidelines relating to COVID-19/coronavirus disease); strikes; diseases, epidemics, pandemics, sicknesses, plagues, outbreaks of infectious diseases or other public health-related crises, emergencies, lockdowns, quarantines or limitations (including without limitation COVID-19/coronavirus disease); riots; other emergencies, disasters or c and (B) through no fault, action or omission of the Organization, a cancellation fee will not be assessed if the Conference is rescheduled and held within 60 days from the original start date of the Conference.

14. MISCELLANEOUS:

A. Should the Organization at any time be in breach in the performance of any of the provisions of this Agreement and should the Organization fail to cure the breach within a period of twenty-four (24) hours after receiving written notice from Loyola specifying the nature of the breach, Loyola may, at its option, elect to terminate this Agreement. Any such termination shall be effective upon the delivery of written notice from Loyola to the Organization.

B. If Loyola should be unable to perform its obligations under this Agreement by reason of by reason of a Force Majeure and through no fault, action or omission of Loyola, Loyola shall not be liable under this Agreement. Unless the Conference is rescheduled, the Organization s deposit will be returned, and the Organization shall have no further claim against Loyola.

C. The failure of Loyola to exercise any right or remedy available to Loyola as a result of the Organization s breach of any of the terms or conditions of this Agreement shall not be deemed to be a waiver by Loyola of any such rights or remedies. The receipt of payment by Loyola shall not be deemed a waiver of any breach by the Organization of this Agreement. The specific remedies to which Loyola may resort under the terms of this Agreement are cumulative and are not exclusive of any breach or threatened breach by the Organization of any provision of this Agreement.

D. All communications to the Organization should be directed to the address or telephone number in Exhibit A. All communications to Loyola should be directed to the following: Loyola University of Chicago, Conference Services Department, CFSU # 100, 1032 West Sheridan Road, Chicago, Illinois 60660.

E. This Agreement constitutes the entire agreement between both parties. It shall be governed by and construed in accordance with the laws of the State of Illinois. No terms or conditions of this Agreement shall be waived, altered or modified except by written agreement executed by both parties. This Agreement shall not be assigned without the prior written consent of Loyola. Any such attempted assignment shall be null and void.

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LOYOLA UNIVERSITY OF CHICAGO

By: _______________________________ Its: Asst Vp Campus Support Conf & Aux Svcs

Name: Dawn Collins_________________

By: _______________________________ Its:

Name: _____

Exhibit A

ORGANIZATION NAME: ________________________________

ADDRESS: ________________________________________________

CITY, STATE AND ZIP CODE: __________________________________

TELEPHONE NUMBER: _ ______ FAX NUMBER: ___________________________

EMAIL: ________________________________________ _

CONTACT PERSON: _______________________________________________

TYPE OF EVENT/FUNCTION: _____________________

SERVICES TO BE PROVIDED: _____________________________

DATE/DATES OF EVENT: 3 __________________________________________ ESTIMATED

NUMBER IN ATTENDANCE:

OVERNIGHT ACCOMMODATIONS: YES NO

CAMPUS: ________________________________________________

MEETING ROOM/ROOMS: ______

NON-REFUNDABLE DEPOSIT: 4,625___________________________________________

TOTAL ESTIMATED COSTS: 9,250_____________________________________________

(includes Other Services, any applicable sales taxes and any other applicable taxes)

The Organization shall pay for services and facilities as follows:

Overnight Accommodations - housing with meals (for an Overnight Conference only): (the fees below do not include any applicable taxes, including the Hotel Operators Occupation Tax currently 17.4% - which will also be included in the bill):

Single Occupancy Rooms: ___guests @ $___ per night for ___nights $ Double Occupancy Rooms: ___guests @ $___per night for ___nights $ Total $

(Rates for a particular year are subject to change before January 1 of the next year. Sales tax is not included in pricing.)

Food and Beverages: TBD with Catering Menu Selection. The Organization must arrange for any food and beverage service with Loyola s designated caterer, ARAMARK Educational Services, Inc. The Organization will be billed for food and beverages and may also be billed for any applicable sales tax on food and beverages. A menu is available by calling the catering office at 773-508-6035.

Other Services: The above fees do not include Other Services. Fees for all such Other Services can be provided upon request and will be included in the final bill.

2 6

Loyola Minors Policy: Available at https://www.luc.edu/finance/policyontheprotectionofminors/.

Total Conference Costs (excluding Other Services, any applicable sales taxes and any other applicable taxes): $9,250________________

$ 450 $ 1,8

$ 3

Exhibit B

CONSENT, WAIVER OF LIABILITY AND ASSUMPTION OF RISK

I desire to consent to and voluntarily participate in the conference operated by physically fit and do not have any medical condition or physical limitation that would put me at risk for injury, illness or death as a result of my participation in the Conference. In consideration of my voluntary participation in the Conference and my use of Loyola s facilities, (i) I hereby assume all risks of injury, illness and death which may result from my participation in the Conference and my use of Loyola s facilities (including without limitation all risks of contracting or transmitting viruses, infections, diseases and other sicknesses (including without limitation COVID-19/Coronavirus Disease) and all risks of any pandemic or epidemic), and (ii) I agree, on behalf of myself and my heirs, executors, administrators, and assigns, to waive, indemnify, hold harmless, release and discharge Loyola, its affiliates, including Mundelein College, and their respective officers, trustees, directors, employees, agents, successors and assigns from any and all claims, damages, demands, rights of action or causes of action, present or future, known or unknown, anticipated or unanticipated, resulting from, or arising out of, my participation in the Conference, and my use of Loyola s facilities. I agree to abide by all of the rules and regulations of Loyola in effect during my participation in the Conference. I understand that Loyola is not affiliated with the Organization and that Loyola is not a sponsor or co-sponsor of the Conference, but is merely allowing the Organization to use its facilities for the Conference. I have read and understand the foregoing and affirm that I am participating in the Conference of my own free will.

Name of Participant: ______________________________ Signature of Participant: ___________________________ Date:___________________________

If the participant is under 18 years of age, a parent or guardian must also sign below:

I am the parent/guardian of the participant id have read and understand the foregoing, and am consenting to and voluntarily allowing the participant to participate in the Conference at Loyola. I further represent that the participant identified above is physically fit and does not have any medical condition or physical limitation that would put him/her at risk for injury as a result of his/her/their participation in this event. On behalf of the participant, (i) I hereby assume all risks of contracting or transmitting viruses, infections, diseases and other sicknesses (including without limitation COVID-19/Coronavirus Disease) and all risks of any pandemic or epidemic), and (ii) I agree to waive, indemnify, hold harmless, release and discharge Loyola, its affiliates, including Mundelein College, and their respective officers, trustees, directors, employees, agents, successors and assigns, from any and all claims, damages, demands, rights of action or causes of action, present or future, known or unknown, anticipated or unanticipated, resulting from, or arising out of, the participant s participation in the Conference, and his/her/their use of Loyola s facilities. I understand that Loyola is not affiliated with the Organization and that Loyola is not a sponsor or co-sponsor of the Conference, but is merely allowing the Organization to use its facilities for the Conference.

Name of Parent/Guardian of Minor Participant(s): ___________________________________ Signature of Parent or Guardian: _____________________________________ Date: _____________________________

Room Set-up Information Form

Event Date:_____________ Event Title:_______________________ Reservation

Number__________

Room:__________ Expected number of attendees:_________

Number to set the room for:___________

Classroom Setup Options

Please choose the meeting room setup style that would be most effective for your event. Loyola Conference Services will accommodate your classroom needs as best as possible.

____ Theater ____ Classroom

____ Chevron ____ Modified Chevron

____ Hollow Square/Block ____ U-Shape

____ Conference ____ Spoke

Audiovisual (Please check all that is needed)

____ 35mm Slide Projector

____ Document Camera

____ DVD Player

____ Flipchart

____ Laptop (We recommend you bring your own if possible to prevent issues with transferring course materials)

____ Materials Table

____ Overhead Projector

____ Podium with Microphone

____ Projection for computer images

____ Sound required for presentation

____ Switchbox (for multiple computers)

____ TV Monitor

____ VCR

____ Whiteboard

____ Wireless Microphone(s) __Handheld __ Lavaliere

Other

Please list any other needs you may have.

Thank you for your response, we use this information to ensure that all of your room needs are accommodated properly. We do not want to assume anything as you may make changes to your course and the format. Thanks Again!