General Terms - The facilities shall be scheduled pursuant to BYU-I's current "Event Request Form" and usage fees shall be as established pursuant to a "Fee Schedule" which documents are incorporated by reference into this Agreement. In addition, the policies and procedures specified by the BYU-I Community Use of University Facilities Policy are likewise incorporated by reference into this Agreement. Lessee represents to have been provided copies of and to have read and understood the documents specified herein which are incorporated by reference. Lessee may not occupy the facility for more than the scheduled beginning and ending times of the event. The cessation of the scheduled event shall operate to terminate this Agreement. The facility must be immediately turned over to BYU-I at the conclusion of the scheduled use. An event will not be deemed reserved until this Agreement has been signed and the usage fee identified above is received. A $15.00 fee will be charged on all returned checks.

Additional Fees - Usual and customary custodial services are included in the usage fee, except when the demand for such services exceeds normal usage. Additional fees that may be due at the end of the event and which are not identified in Section I of this Agreement include: excess custodial fees, special security arrangements, special media services, ordinary and customary costs for furnishing requested equipment or complying with special requests, damages to the facility in excess of ordinary wear and tear, and any other unusual or unanticipated event costs. Moreover, in the event the lessee exceeds the scheduled times, a charge of $25 per hour will be assessed with a minimum charge of $25. Lessee agrees to pay all such additional fees within 30 days of facility use. Any past due payment will bear interest at the rate of 12% per annum. Payments shall be made to BYU-I Campus Scheduling, MC207, Rexburg, ID 83460-0750.

Food Policy and Catering - Except as otherwise specified in the BYU-I Community Use of University Facilities Policy, all food and drinks for catered events must be catered by BYU-I, through the BYU-I Catering Office (496-2246). Alcoholic beverages, coffee, tea and smoking are not permitted at the University. Food should be ordered at least two weeks prior to the scheduled event. BYU-I Catering Office must be notified 48 hours in advance with the guaranteed number of guests. The lessee will be charged for this number even if there are fewer in attendance. A pro-rata payment is required for additional guests over the number guaranteed. Food not consumed at a catered event is the property of Food Services.

Indemnity - Lessee will indemnify and hold BYU-I, its officers, trustees, agents, employees and volunteers, harmless from all claims, actions, proceedings, damages, and liabilities, including reasonable attorney fees, arising from or connected with lessee's possession, use, and return of the leased facility, including ingress and egress thereto.

Disclaimer of Suitability for Facilities for Planned Use - Neither BYU-I nor any of its agents or employees represents or warrants that the facilities are suitable for the lessee's planned use.

Maximum Number of Occupants - Pursuant to law, the facility may be occupied by no more than the number of persons indicated on the BYU-I Event Confirmation Form. Failure to abide by this restriction will result in immediate termination of the Agreement, immediate expulsion from the facility, and forfeiture of any fees paid to BYU-I.

Unlawful and Improper Use - Lessee shall neither use nor permit the use of the facility for any improper or unlawful purpose. The lessee must ensure compliance with all federal, state, and local law and ordinances as well as the standards identified in the Brigham Young University-Idaho Honor Code, which standards are expressly incorporated by reference into this Agreement. Guests must be respectful of the facilities. BYU-I reserves the right to review and preclude the activities, decorations, entertainment, print materials, and deliveries pertaining to lessee's event. All printed materials containing information about BYU-Idaho must be submitted to and approved by BYU-I in advance of use. No marketing, selling or exchange of products or services is allowed. Ticket sales and money collection must be coordinated with the BYU-I Ticket Office. Any improper or unlawful use shall work a forfeiture of this Agreement at the election of BYU-I, and BYU-I security personnel may require lessee to immediately leave the facility without refund of fees paid.

Cancellation and Relocation - BYU-I will use its best efforts to make the facility available to an event sponsor as scheduled. However, BYU-I reserves the right to cancel an event if, in the sole discretion of BYU-I, it becomes impracticable to perform under the terms of the Agreement or to permit the lessee to use the facilities. BYU-I activities, education and academic-related programs receive priority in the event of scheduling conflicts. If there is such a cancellation, the lessee will be promptly notified and all monies previously paid will be refunded. BYU-I shall have no further liability or responsibility for such cancellation.

Cancellation of an event by the lessee must be in writing and received by the BYU-I Campus Scheduling. If the lessee cancels an event, all pre-paid fees will be refunded, minus any costs or expenses incurred by BYU-I as a result of the cancellation.

Furthermore, BYU-I reserves the right to relocate the lessee to another facility provided the new facility is similar in size and appropriateness for the lessee's purposes. BYU-I shall have no liability for such relocation.

Lessee May Not Increase Insurance Risk - Lessee and his or her guests must not do anything in the facility, or bring anything into the facility, nor permit the use of the facility for any business or purpose that would cause an increase risk of damage or increase in the rate of any insurance on the facility.

Prohibition on Assignment or Transfer - Lessee shall not assign, sublease, or otherwise transfer this Agreement for use of BYU-I facilities without the express written consent of BYU-I, which consent BYU-I may withhold at its sole discretion. Should lessee attempt to assign, sublease or transfer this Agreement without BYU-I consent, this Agreement will be forfeited without refund of fees or deposits paid.

Moving and Decorations - The moving of equipment, furniture, and freight into or out of the facility shall occur only upon previous notice to BYU-I and at such times and manner as BYU-I shall designate. BYU-I shall have the power to prescribe the weight, proper position, location, and manner of support under all equipment, furniture, and freight. The expense for any damage done to the facility while moving shall be paid by the lessee. All decorations, and other similar items must receive prior approval. Hay, straw, palm fronds, other dehydrated materials, and candles may not be used. Fire and safety codes and ordinances must be observed.

Inspection of Facility - BYU-I shall have free access to the leased facility, including any building or structure that may at any time be on the facility, at all reasonable times for the purpose of examining or inspecting the condition of the facility or the use thereof.

Entry to Make Repairs - BYU-I reserves for itself and its employees or contractors the right to enter the facility at any time to make repairs necessary for the safety and preservation of the facility or to perform any acts necessary to protect the facility. Nothing in this paragraph shall imply any duty by BYU-I to make any such repairs, do any other work or perform any acts. BYU-I shall in no event be liable for disturbance, inconvenience, annoyance, loss of business, or other damage to lessee.

Attorney Fees and Cost - In the event any action is filed in relation to this Agreement, the prevailing party shall be entitled to receive from the non-prevailing party's reasonable attorney fees and other costs of litigation.

Entire Agreement - This Agreement shall constitute the entire agreement between the parties. Any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

Modification of Agreement - Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if evidenced in a writing signed by Lessee and an authorized representative of BYU-I.

I have read and understood terms #1-16 of the Brigham Young University Space Rental Agreement and agree to follow them.