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Facility Use Agreement

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FACILITY USE AGREEMENT

This Facility Use Agreement ("Agreement") is entered into as of Effective Date: by and between Facility Owner: with principal place of business at and Facility User: with address at .

RECITALS

WHEREAS, Owner is the lawful owner or authorized manager of the facility commonly known as located at (the "Premises"); and

WHEREAS, User desires to use the Premises for the following purpose: and has represented that User will comply with the terms and conditions set forth in this Agreement; and

WHEREAS, Owner is willing to permit such use on the terms and conditions contained herein.

NOW, THEREFORE

In consideration of the mutual covenants and agreements set forth below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. GRANT OF USE

Owner hereby grants to User a limited, revocable, non-exclusive license to use the Premises solely for the Permitted Use described above and during the Time Period specified in Section 2. User shall not use the Premises for any other purpose without Owner's prior written consent.

2. TERM AND SCHEDULE

The term of this Agreement for the scheduled event(s) shall commence on Event Start Date: at and end on Event End Date: at , unless earlier terminated in accordance with this Agreement.

3. FEES; PAYMENT; DEPOSIT

Payment of the Rental Fee and Security Deposit shall be made as follows. The total Rental Fee is due by Payment Due Date: . Owner may withhold possession of the Premises until payment is received in full. Owner may deduct from the Security Deposit amounts reasonably necessary to cure damages or unpaid sums; any unused portion will be returned to User within thirty (30) days following the termination of occupancy.

4. CANCELLATION; REFUNDS

User may cancel by providing written notice to Owner. If cancellation occurs fewer than days before the Event Start Date, Owner may retain a portion or all of the Rental Fee as liquidated damages. Owner shall use commercially reasonable efforts to rebook the Premises and apply any amounts recovered to reduce the amount retained from User.

5. INSURANCE; INDEMNITY

User shall, at its sole cost and expense, obtain and maintain commercial general liability insurance covering bodily injury, property damage and personal injury with limits not less than per occurrence. User shall name Owner as an additional insured where required by Owner and shall deliver a certificate of insurance to Owner no later than the Payment Due Date.

User agrees to indemnify, defend and hold harmless Owner and its officers, directors, employees and agents from and against any and all claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) arising out of or relating to User's use of the Premises, except to the extent caused by Owner's gross negligence or willful misconduct.

6. COMPLIANCE WITH LAWS; PERMITS

User shall comply with all applicable federal, state and local laws, ordinances, regulations, codes and permit requirements, including fire, health and safety rules. User shall obtain, at its expense, any licenses, permits or approvals required for the Permitted Use, including without limitation permits for amplified sound, food service, or alcohol service.

7. CONDITION OF PREMISES; REPAIRS

User accepts the Premises in its current condition as of the Effective Date. User shall promptly notify Owner of any damage or unsafe condition. Except for damage caused by Owner's gross negligence or willful misconduct, User shall be responsible for repair and restoration of any damage to the Premises resulting from User's use.

8. ACCESS; KEYS; SECURITY

Owner shall provide User with access to the Premises at agreed times. User shall not duplicate keys or grant access to third parties without Owner's written consent. User shall be responsible for security costs for the event if required by Owner and for any loss occasioned by failure to properly secure the Premises.

9. ALCOHOL AND FOOD SERVICE

Alcoholic beverages shall only be served or sold in compliance with applicable law and only if User secures all necessary permits and provides proof of liability coverage that includes alcohol-related liability. Alcohol service permitted:

10. CLEANING; DAMAGE

User shall return the Premises in substantially the same condition as received, normal wear and tear excepted. Additional cleaning or repairs required after User's occupancy shall be charged to User and may be deducted from the Security Deposit.

11. DEFAULT; REMEDIES; TERMINATION

If User fails to perform any material obligation under this Agreement, Owner may provide written notice of such default. If User fails to cure the default within a reasonable period, not to exceed ten (10) days where curable, Owner may terminate this Agreement, retain any deposits, pursue damages and seek injunctive or other relief. Termination by Owner under this Section shall be in addition to any other remedies available at law or equity.

12. FORCE MAJEURE

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement to the extent such delay or failure is caused by events beyond the reasonable control of the affected party, including acts of God, fire, flood, epidemics, governmental action, strikes or civil unrest ("Force Majeure Event"). The party affected by a Force Majeure Event shall provide prompt notice to the other party and shall use commercially reasonable efforts to resume performance.

13. ASSIGNMENT

User shall not assign or transfer its rights or obligations under this Agreement without Owner's prior written consent, which consent shall not be unreasonably withheld. Any attempted assignment without such consent shall be null and void.

14. NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered by hand, nationally recognized overnight carrier, or certified mail, return receipt requested, to the addresses below (or such other address as a party may designate in writing). Notices shall be effective upon receipt.

15. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflict of laws principles.

16. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings and representations, whether written or oral.

17. SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable, in whole or in part, such provision shall be modified to the extent necessary to make it enforceable, or if not capable of modification, severed, and the remainder of this Agreement shall remain in full force and effect.

18. AMENDMENTS; WAIVER

No amendment or modification of this Agreement shall be effective unless in writing and signed by both parties. No waiver of any breach shall be deemed a waiver of any subsequent breach.

19. COUNTERPARTS

This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

ADDITIONAL TERMS

Owner Printed Name:

By:

Date:

User Printed Name:

By:

Date:

Enter text✕

What a Facility Use Agreement covers

A Facility Use Agreement is a written contract that governs temporary permissions to use real property or space owned by another party. It identifies the parties, describes the premises, sets permitted activities and hours, allocates responsibility for utilities, insurance, cleanup, and damage, and records fees or security deposits. The agreement also clarifies access rules, indemnification, and termination rights. For organizations, it ensures consistent handling of rentals, events, or recurring shared-space arrangements and creates a documented basis for enforcement or dispute resolution.

Why a clear Facility Use Agreement matters

A well-drafted Facility Use Agreement reduces ambiguity about who may use the space, when, and under what conditions. It protects property owners and users by assigning risk, setting payment and insurance expectations, and creating a record that can be enforced if disputes arise.

Why a clear Facility Use Agreement matters

Typical parties who prepare or sign this agreement

Different signatories and approvers appear depending on whether the facility is public, private commercial, educational, or governmental.

  • Property owners and facility managers who control scheduling, access, and insurance requirements for the space.
  • Community groups, nonprofits, schools, and vendors that rent space for events, classes, or meetings under stated rules.
  • Legal or administrative staff who draft, review, or approve insurance, indemnity, and termination clauses before execution.

Core components to include in a professional agreement

A complete Facility Use Agreement structures obligations, limits, and remedies so each party understands expectations and consequences.

Parties

Identify each legal entity (organization or individual) using full legal names and contact information to ensure enforceability and correct service of notices.

Premises

Describe the space precisely (building name, room numbers, address, and map or exhibit) and attach diagrams or floor plans if needed to avoid boundary disputes.

Permitted Use

State allowed activities, occupancy limits, hours, and any prohibited conduct; include requirements for amplified sound, alcohol, or food service when applicable.

Fees and Deposits

Set rental rates, deposit amounts, payment schedule, returned deposit conditions, cancellation penalties, and responsibility for damage repairs or additional cleaning.

Insurance and Indemnity

Require general liability insurance limits, name the owner as additional insured where required, and define indemnification scope for claims arising from user activities.

Termination and Remedies

Specify termination rights for breach, force majeure procedures, and dispute resolution steps such as mediation or choice of law provisions.

Step-by-step: completing and executing a Facility Use Agreement

Follow these sequential actions to prepare, review, and finalize a facility agreement with minimal friction.

  • 01
    Draft terms: Define space, dates, fees, insurance, and rules in a single draft document.
  • 02
    Internal review: Have legal or risk staff confirm indemnity and insurance coverage requirements.
  • 03
    Send to user: Provide the agreement to the user with clear payment and signature instructions.
  • 04
    Execute and archive: Collect signatures, date the agreement, and store the final executed copy securely for retention.

How to set up an online signing workflow

Configure digital routing to collect signatures, payments, and supporting documents in a single automated flow.

Field Configuration
Signer order Specify sequential or parallel signing steps.
Authentication level Choose email, SMS code, or higher verification as required.
Attachments required Request proof of insurance, ID, or permits as conditional fields.
Notifications Set reminders and completion notifications for all parties.

Technology and platform considerations for e-signing

Ensure platform choices meet any regulated data-handling standards that apply to your organization before storing signed agreements.

  • Supported formats: PDF and DOCX are widely accepted for final executed copies.
  • Integrations: Link to storage and CRM systems like Google Workspace or Salesforce for automated archival.
  • Authentication: Use SMS or ID verification for higher-risk bookings.

Typical routing and submission steps

A standard online execution flow minimizes manual handoffs: prepare, route, sign, and archive with visibility for all approvers.

  • Upload document: Place fields and attach required exhibits before sending.
  • Add signers: Enter emails and set signer roles or order.
  • Send for signature: Issue the signing request by email or link.
  • Complete and store: Collect final PDF and audit trail; archive per retention rules.

Common timing items to track

Track these dates to ensure payments, insurance, and termination notices occur on time and to avoid disputes.

Effective date:

The date obligations start and the occupant may access the premises.

Payment due date:

When fees and deposits are payable; include late fee rules.

Insurance effective date:

Insurance must be active on or before the first day of use.

Notice to cancel:

Advance notice period required for cancellation or rescheduling.

Post-event inspection:

Date by which the owner inspects and notifies of damages.

Key processing milestones from request to archive

Use this sequence to manage a single booking from initial request through final storage and follow-up actions.

01

Request received

User submits booking request and required attachments within application.

02

Terms negotiated

Owner and user confirm allowed activities, fees, and insurance before approval.

03

Agreement executed

Both parties sign; payment and insurance proof are confirmed.

04

Archive and follow-up

Store the executed agreement and schedule any post-use inspections or billing.

Common mistakes to avoid when preparing the agreement

  • Vague permitted uses that allow later disputes — specify activities, hours, and capacity limits clearly in the agreement.
  • Missing or inadequate insurance requirements that leave owners exposed to third-party claims — require explicit limits and certificates.
  • Failing to attach exhibits (floor plans, parking rules, ADA access details) which can create mismatched expectations about the space.
  • Not documenting cancellation and refund policies or deposit conditions, resulting in disagreements over returned funds after an event.

Consequences of errors or incomplete agreements

Contract voiding: Material omissions may render enforcement difficult or the contract void.
Liability exposure: Insufficient insurance can shift loss exposure to the owner or user.
Monetary loss: Unclear fee terms may prevent collecting damages or unpaid fees.
Regulatory fines: Noncompliance with occupancy or safety rules may trigger fines.
Event cancellation: Lack of required permits or proof can force last-minute cancellations.
Reputational harm: Poorly managed events can damage public trust in the facility operator.

Comparing eSignature vendors for Facility Use Agreements

Basic pricing and feature availability differ across vendors. The table summarizes starting costs, trial availability, bulk-send capability, audit trails, HIPAA support, and envelope caps.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial, no credit card required Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes (available on Business Premium) Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No envelope cap 100 envelopes/user/year Varies Varies Varies

Frequently asked questions about Facility Use Agreements

Answers to common questions about signing, notarization, insurance, and digital execution to reduce common execution errors.


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