BOARD POLICY: FACILITY USAGE; PAGE I 1-5;
ATTACHMENT A;
APPROVED: APRIL 17, 2012

The following rules and procedures are established by the York Art Association in regards to the facility usage of said organization.

Application Procedure

Organizations not affiliated with the York Art Association that desire to use the YAA facility shall submit an application requesting said use. The approval of the application by the YAA Board is required before an applicant can use said facilities. An application must be submitted on the form attached as Exhibit A. The application must be completed in its entirety and have attached to it any information requested on the application or in the policy or procedures.

Rental Costs

Rental costs and staff fees for the use of the gallery and/or studio facility of the York Art Association will be established by the YAA Board. These rental costs and staff fees may vary according to number of occurrences and extent of facility usage.

Applications

Completed applications shall be submitted to the YAA Board no less than 30 days prior to the requested date of use. Applications will be reviewed and decided upon as soon as practicable following receipt thereof.

The failure of an applicant to utilize YAA facilities pursuant to its approved application(s) shall be a factor when evaluating any future applications. Excessive requests for use of facilities when the actual use is not anticipated are strongly discouraged.

Applications may be approved with conditions attached and to which the applicant shall comply.

Cancellation

After receipt of an approved application, the applicant is entitled to use the facility pursuant to the application and shall be liable for the costs associated with the proposed use.

  • The applicant shall be allowed to cancel its request to use the facility without any administrative fee or cost any time prior to the date and time one (1) week immediately before that requested use. Such a notice of cancellation is effective upon receipt by the YAA.
  • If the applicant fails to cancel its request to use the facility and does not, in fact, use it, then the applicant may be liable for either the actual costs (rental, staff and other fees) that would have been incurred pursuant to the proposed use plus any and all costs incurred by the YAA for the proposed use. Exceptions to these cancellation charges may be granted in emergency circumstances.

If the York Art Association is required to enforce its rights pursuant to these procedures or the policy, then YAA shall be entitled to recover all costs incurred, including reasonable attorney’s fees.

Insurance

Additional insurance may be required under certain circumstances depending upon the nature of the use. The York Art Association may waive this requirement only upon request, in cases of hardship, or with the approval of its solicitor.

Limitation of Use of York Art Association Facilities

York Art Association reserves the right to limit the use of its facilities based upon the recognized capacity for use of those facilities, the condition of the facilities, and to avoid excessive wear and tear.

Applicants are advised that they must exercise discretion before utilizing YAA facilities even after receipt of approval in the event of inclement weather or other factors that could result in damage to YAA’s facilities. Applicants shall be responsible for any damages to YAA facilities beyond reasonable wear and tear appropriate for the proposed activities.

Requirements for Use

  • The applicant shall assume full responsibility for its authorized users of YAA facilities pursuant to its request. The applicant shall be liable for all damages or injuries occurring to persons or property during the requested use. The applicant shall provide sufficient, competent supervision during the use of YAA facilities. The applicant shall place the YAA facilities in the same condition following their use as they were prior to their use. When considered necessary by the YAA Board, police and/or security protection shall be provided at the YAA during the use and at the sole expense of the applicant.
  • Use of YAA facilities shall in no way interfere with the operation or regular YAA programs.
  • The applicant shall report immediately upon discovery any damaged or dangerous portions of the YAA facilities to the appropriate YAA employee and/or board member.

Restrictions Applicable During Use of YAA Facilities

In addition to the limitations set forth in the policy, the following restriction shall also apply to an applicant’s use of YAA facilities:

  • Parking is restricted to paved areas and areas approved for overflow parking.
  • The applicant’s use of YAA facilities is authorized only for those areas specifically requested in and/or approved pursuant to the application.
  • No storage of equipment or other items is authorized on YAA property between uses by the applicant. Temporary storage may be provided upon written authorization of the YAA Board, if space is available.
  • Permanent alterations or other damaging activities to YAA facilities or equipment are prohibited.
  • The use of kitchen facilities may be authorized upon request.

Provisions for Inclement Weather

If there should be inclement weather on or around the time for which an applicant has been granted approval to utilize the YAA facilities, then the following shall apply:

  • The applicant is entitled to reschedule its use of YAA facilities at a future date and time if the inclement weather does not permit safe use, as determined by the applicant or the YAA.
  • To the extent that the applicant would like to use YAA facilities, it shall be required to ensure that access to and from the YAA facility itself is in appropriate and safe condition. If the applicant desires to request that the maintenance service make special accommodations of use of the YAA facility, it may do so, in which case the applicant shall be responsible for all costs and expenses of such efforts. Third-party maintenance of YAA facility shall not be permitted.
  • Additionally, the applicant understands and agrees, by virtue of its application, and this policy, that the applicant shall indemnify and hold harmless the York Art Association , its employees, agents, and members from and against any and all liability or damages that may arise out of or be related to the applicant’s use of the YAA facilities, including reasonable attorney’s fees.
  • It is the purpose of this section to ensure that the York Art Association facilities are safe for use and that such effort to ensure the safety does not result in additional costs or liabilities to the York Art Association.

Rental Charge/Adjustments

Rental charges applicable to each user may be adjusted pending the user’s contribution to the maintenance, upkeep, or enhancement of the YAA facilities upon the prior approval and agreement of the YAA Board. An adjustment to the rental charges may be granted by the Board to an applicant based upon the nature and frequency of the applicant’s use of YAA facilities, as well as the applicant’s relationship to the YAA itself.

York Art Association
220 South Marshall Street
York, PA 17402

ATTACHMENT A

APPLICATION FOR USE OF YAA FACILITIES

Name of Applicant _______________________________________________________________

Address of Applicant _______________________________________________________________

_______________________________________________________________

_______________________________________________________________

The applicant agrees to abide by the York Art Association Board Policy on Facility Usage, the procedures adopted under it, when using the YAA facilities requested. Further, the applicant agrees to pay all charges applicable to the use of the YAA facilities. The Applicant shall hold the York Art Association harmless from any and all claims for injury to or the death of any person, and for damage to or the loss of any property, related to the Applicant’s use or arising out of or attributed directly or indirectly to the operation or omission of the York Art Association. The Applicant shall indemnify the YAA for all damages to YAA property, whether real or personal, and for all injuries to or the deaths of any YAA employees or representative of the YAA resulting from all acts or omissions of the Applicant or the Applicant’s representatives, affiliates, invitees, licensees, or employees. The Applicant understands and agrees that this Application is legally binding.

Signature of Applicant Or its Representative

________________________________________________________________

Address of Applicant or Its Representative

________________________________________________________________

________________________________________________________________

Facility Requested

________________________________________________________________

Date Requested

________________________________________________________________

Expected Participants

________________________________________________________________

________________________________________________________________

Are more than seventy percent (70%) of participants YAA members? YES NO

Type of Activity

________________________________________________________________

Use of Proceeds

________________________________________________________________

Are any related services necessary or requested (restrooms, microphone, personnel, etc.)? YES NO

If so, please list

________________________________________________________________

(For YAA Use Only)

Date of Application ___________________

Name of Recipient _________________________

Rental Cost ___________________

Any conditions to use of facility

________________________________________________________________

________________________________________________________________

Board Approval ___________________