Sooner or later every church has to decide whether it will make its building available for outside groups to use. The following Suggested Facility Use Covenant is a suggestion only, and not intended to be a legal document. For their own protection, churches should consult an attorney to insure they are not inadvertently opening themselves to unacceptable risks of liability. As with most ministries, some risk is inevitable and the church must decide how serious the risks are and whether it is willing to take those risks.
JIm White
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Churches will also need to decide whether to charge for the facilities, and if so how much. Should they set a fee or ask for donations to cover the cost of utilities? Will income derived from fees be considered rental income and will it open the church to tax liabilities?
With this in mind, most churches will see advantages and disadvantages to allowing outside groups to use their buildings. Disadvantages are obvious: administering the use of the space takes staff time; wear, tear and damages are anticipated; and the costs to the church or administration of fees have to be considered.
Advantages, however, are also obvious: the church is viewed in a positive light for its willingness to share its facilities, it builds good will with partner organizations that share the church’s values and it creates a reason for people to enter your building who would otherwise probably not enter the doors. It is reasonable to assume that people who have been there for other functions are more likely to attend for worship.
SAMPLE FACILITY USAGE COVENANT
Williamsburg Baptist Church
We, the staff, officers and members of Williamsburg Baptist Church consider sharing our facilities to be a ministry we can provide to our community. We consider your group a partner in making Williamsburg a better place to live and work.
The purpose of this covenant is to insure good relations between the church and your group, and to promote safe, harmonious facility usage that is in accordance with church and community values. By instituting the following agreements, the church seeks to maximize the benefits of the facility, to be good neighbors and to provide outreach and support to groups who positively contribute to our community. In providing space for your group, we believe it is only fair to ask you to abide by the following:
____________________________________, (hereafter called “the User”), including any subsidiaries, members, individuals, guests and associates, and the Williamsburg Baptist Church (the “Church”), agree as follows:
• Specific Space: Area of the Church available for Users will include the following:
_____________________________________________________ and restrooms.
• Day and Time: The Users will have access to the above space on:
Day Times
________________ ___________ to ___________
________________ ___________ to ___________
• Changes or additions to the above space and times require prior written approval.
• Time Conflicts: For obvious reasons, Church functions must have priority. On occasion, Church functions may require adjustment or cancellation of the above usage times. In such events, the Church will seek to contact the User concerning scheduling issues and attempt to reschedule the User’s time.
• Term: The term of this agreement shall be _______________________ (single use/weekly/monthly) and may be terminated by either party upon written notice.
• Keys: A $50.00 refundable deposit is required for each key. Keys may not be duplicated.
• Facility Requirements: Users agree to abide by the following:
1. Users shall immediately become familiar with location and use of the electrical panel, water shut off, fire extinguishers, cleaning supplies and equipment. Emergency phone numbers will be posted in the area(s) allocated to the User.
2. Smoking is not permitted in any building. Smokers will use outside areas only and dispose of butts in appropriate containers, not on the ground.
3. Alcoholic beverages are not permitted on the premises.
4. No food or beverages inside the sanctuary or in carpeted areas.
5. Excessive noise, profanity, obscenity, unlawful activity, or other activities that could constitute a community nuisance are not allowed.
6. If necessary, clean remove all trash and vacuum your area after use. We know this is a hassle, but after all, the Church is providing the space free of charge.
7. If the kitchen is an agreed-upon area of use, please clean it and properly store items as necessary after use.
8. Return all tables and chairs to proper places. Church property, including tables and chairs, may not be taken from the facility without prior authorization.
9. Turn off all lights and electrical items you have used when you leave.
10. Close and lock all windows and doors.
11. Annually this document will be reviewed by the Church and the User.
12. It is the responsibility of each approved User to ensure that those attending their function(s) on Church property are familiar with and agree to these requirements.
General Conditions for Use:
Damage: Please keep in mind that this church is a non-profit organization with a limited budget. Therefore, individuals and groups are responsible for any damages occurring as a result of their usage. Proper repair or replacement of damaged church property is to be authorized beforehand by the Building and Grounds Committee of Williamsburg Baptist Church. User agrees to notify the Church of damage within 48 hours.
Indemnification: Except as prohibited by law, all users, individuals, groups, and organizations agree to indemnify, defend and hold harmless the Williamsburg Baptist Church, its employees, members, guests and agents for any and all personal and/or property damage of any kind that may arise out of use or occupancy of the Williamsburg Baptist Church facility and property by User, its employees, members, guests and agents. It is understood that the church provides no supervision or control over the property when being occupied by the User.
Violation of these terms may result in loss of privileges.
Williamsburg Baptist Church User: _________________________
by: _________________________ by: ___________________________
Authorized Representative Authorized Representative
Date: _______________________ Date: ________________________
Contact Phone #: _______________
Number of keys assigned: _______ Second Contact Person:
Key number(s) assigned: Name: ________________________
____________________________ Phone #: ______________________