7.2.4 Required Documents
In most cases, a User Agreement, Independent Contractor Agreement, or Lease is required. The
Real Estate Department will advise the location which form to use and refer the location to the
Office of the Legal Counsel, if appropriate.User Agreement
A User Agreement is generally required when the individual, entity, or other organization uses the facility for a short duration or temporary use. All User Agreements must be completed and submitted to the Real Estate Department at least one week prior to the use.
There are three types of User Agreements:
Internal User Agreement is appropriate whenever the entity or other organization renting or using the facility is part of the archdiocese (such as another archdiocesan school) and is covered by the archdiocesan insurance policies. When completed and executed, the Internal User Agreement must be returned to the
Real Estate Department.
An Outside User Agreement is appropriate whenever the individual, entity, or other organization renting or using the facility is not a part of the archdiocese and is therefore not covered by the archdiocesan insurance policies. For example, private summer camps or after-school programs not sponsored and staffed by the school, health fairs, blood drives, wellness clinics, public entities, and group or community meetings or events all require completion of an Outside User Agreement. When completed and executed, the Outside User Agreement must be returned to the
Real Estate Department along with the required certificates of insurance. See the Outside User Agreement and the Outside User Agreement for Blood Drive/Flu Shot Clinic/Health Services/Wellness Programs. The Participant Disclaimer and Waiver is also required if the activity involves a program held at the Location that is provided by outside users.
User Agreement for Film is appropriate for all filming on the facility, including movies, television, and advertising. When completed and executed, the User Agreement for Film must be returned to the
Real Estate Department along with the requested certificates of insurance.
Independent Contractor Agreement/Professional Services AgreementAn Independent Contractor Agreement is appropriate whenever a company, entity, or other organization is providing services at the location, is paid directly by the location for services rendered, and does not pay for the use of the facility. This agreement would be appropriate for janitorial services, landscape and gardening services, installers and repair services, and other similar vendors. The Independent Contractor Agreement, executed by the independent contractor and the person in charge at the location, sets forth the rights and obligations of each party and specifies the use of the facility and the services rendered. See the
Food Service Agreement and the Independent Contractor Agreement.
Certain individuals, such as school counselors, tutors, health and technology consultants, web designers and other professionals who perform work for or at a location, but are not employees of the location, should have a written agreement as well. See Professional Services/Contractor/Consultant Agreement.
LeaseA Lease is appropriate whenever the use of the facility is anticipated to extend beyond a short-term, seasonal or temporary use. The location must provide the
Real Estate Department with any written or verbal proposals for the use of the facility to enable the Real Estate Department to evaluate the use and to provide the appropriate documentation that includes the terms and conditions required by the archdiocese. All leases must be approved by the person in charge at the location, but must be executed by the appropriate person at the archdiocese and returned to the Real Estate Department, which will provide the location with an executed copy.Disclaimer and WaiverFor those voluntarily participating in a program at a location (where the location is only making available the space where the program is conducted), see the Participant Disclaimer and Waiver When Outside Program Providers Use Location Premises.