This Terms and Conditions document is an Agreement entered into between Iowa State University Athletic Department (“ISU”) and the Organization named in the Tent Rental Agreement, hereafter referred to in this agreement as “Organization”. These Terms and Conditions are applicable to all organizations that participate in the ISU Tent Program and are incorporated in the Tent Rental Agreement. Under this agreement, ISU agrees to provide a tent and other services listed in the Tent Rental Agreement to the Organization on the date agreed upon, outside of Jack Trice Stadium on the ISU campus.

  1. IOWA STATE UNIVERSITY ATHLETICS DEPARTMENT AGREES TO PROVIDE:

    1. Tent Facilities

      1. Standard tents: the standard tent is a 20’ x 30’ tent and seats approximately 40-50 people. These tents are located directly north of Jack Trice Stadium. Standard tent rental includes:

        1. Tent sign that identifies the organization renting the tent.

        2. Four (4) parking passes for use by the Organization. (See paragraph 2.6)

        3. One (1) Vendor parking pass for use by a caterer. (See paragraph 2.6)

        4. Six (6) picnic tables.

        5. Two (2) trash cans.

        6. Tent sides for standard tents are available by request only at no cost to the organization. However, sides for standard tents are only available when necessary to shield occupants from inclement weather: rain, sleet, snow or freezing temperatures.

        7. Option to purchase group tickets as described in paragraph

      2. Auxiliary tents: The auxiliary tents are available in a variety of sizes. Auxiliary tent rental includes:

        1. Tent sign that identifies the organization renting the tent.

        2. Four (4) parking passes for use by the Organization. (See paragraph 2.6)

        3. One (1) Vendor parking pass for use by a caterer. (See paragraph 2.6)

        4. Two (2) trash cans. Trash will be picked up by ISU at the conclusion of the event.

        5. Option to purchase group tickets as described in paragraph 1.2.1.

        6. Banquet tables and chairs.

        7. Option to rent tent sides at an additional cost. Tent sides for auxiliary tents must be requested at least two days prior to the game.

    2. Other Optional Services

      1. Group Tickets

        1. The option to purchase group tickets prior to game day is available to all tent renters. Group tickets are not available on game day. Group ticket orders will be seated together. All orders are final once payment has been received.

      2. B. Spirit Squad Appearance

        1. The Iowa State Cheer Squad, Dance Team and Cy are available by request to make an appearance at your tailgate.

        2. For more information on the ISU Spirit Squad please call, 515-294-3558 or download Spirit Squad Appearance Form.

      3. Services not provided. The following services are not available from ISU with rental of any tents:

        1. Electrical Outlets: Electricity is not currently available on-site. However, generators may be used. Any speakers must be pointed to the inside of the tent. Please be considerate of other game day fans around your tent and heading to the football game.

        2. Catering: Food service is not included in the purchase of a tent. The athletics marketing department can suggest catering options. All food and beverage services are required to be in compliance with Iowa Health Department standards and regulations.

        3. If Organization desires to contract with ISU Dining Services for catering please call 515-294-2103.

    3. Event Promotion

      1. Due to pre-existing contractual arrangements and Iowa State University policy, on-site promotions, giveaways, product sampling and direct sales by Organization are prohibited without prior written approval from the ISU Athletic Department.

      2. Organization is authorized to use the word mark “Iowa State University” in order to designate the location of the event. Such use must also contain the date of the event. All proposed uses of the mark in any design, including, but not limited to, print advertisement, banners, and fliers, must be submitted for approval to the Trademark Licensing Office, 1350 Beardshear Hall, Iowa State University, Ames, IA 50011. All items produced (such as T-shirts or caps) containing the mark must be produced by licensed vendors and approved by the Trademark Licensing Program. Such use may be subject to a standard royalty fee. A searchable list of licensed vendors is available at: http://www.trademark.iastate.edu. Art designs may also be submitted to the Trademark Licensing Office via email at: trademark@iastate.edu. The use of this mark is limited to the event on the event date, and any subsequent use after that date is prohibited. For assistance with any of these matters, the Trademark Licensing Office can be reached at (515) 294-4402.

      3. Organization shall not represent nor imply that it is affiliated in any way with Iowa State University, or its activities are endorsed or approved by Iowa State University unless express written permission has been granted by Iowa State University.

      4. Iowa State University telephone numbers or e-mail addresses should not be listed as sources for additional information about your event without express written permission of Iowa State University.

  2. ORGANIZATION AGREES TO:

    1. On-site Game Day Representative

      1. Organization will provide ISU with contact information for an on-site game day representative for each game to be available for any questions that might arise during the rental. The on-site game day representative must be identified to ISU no later than three (3) days prior to the date of each game.

    2. Payment

      1. Organization agrees to pay ISU for all fees associated with the tent rental and any optional services under the Tent Program as are identified in the Tent Rental Agreement. Total payment is due upon return of the signed Tent Rental Agreement and will serve as a non-refundable deposit. Payment for any additional optional services or damages will be due upon receipt of an invoice from ISU. Invoices must be paid 30 days from date invoiced.

      2. Payment may be made by Check or the following credit cards: Visa, MasterCard or Discover.

    3. Damages

      1. Organization shall be liable for all damages, losses and repairs resulting from Organization or its participants’ use of a tent.

      2. ISU will make repairs and/or replacement of damaged or lost property required to restore the tent to the condition it was prior to such damage or loss, and shall provide Organization with an invoice representing the costs to ISU of making any repairs and/or replacement. The invoice is due and payable upon receipt.

    4. Indemnification

      1. Organization assumes any and all risk of loss, damage or liability, which its officers, agents or employees or invitees may sustain while using Iowa State University Athletic Department facilities and resources. Organization agrees to defend, indemnify, release, protect, and hold harmless Iowa State University, the Board of Regents (State of Iowa), and the State of Iowa and their officers, agents, servants and employees, from and against any and all actions or causes of action, claims, demands, liabilities, for loss, damage, injury, cost or expense of whatever kind of nature, for injuries to or the death of any person or persons, or damage to or loss of property alleged or claimed to have been caused by, or to have arisen out of or in connection with, or to be incidental to the lease of these facilities.

      2. ISU assumes no liability for any property placed by Organization or individuals participating in this event in university buildings, tent or facilities.

    5. Trash / Clean-up Regulation

      1. Organization will provide any cleanup in the area that is a direct result of its activities.

      2. Organization is responsible for placing all trash in the two trash cans provided by ISU. If the Organization creates more than two trash cans of garbage, the Organization is responsible for making arrangements with ISU for removal of any excessive trash and paying an additional fee. Trash will be picked up by ISU at the conclusion of the event. If arrangements have not been made to remove excessive trash the Organization will be invoiced for the additional fees.

      3. Upon vacation of the tent by the Organization, the tent and surrounding area shall be in the original condition as it was upon entry of the Organization.

    6. Transportation and Parking Regulations

      1. Four (4) parking passes shall be provided to Organization by ISU (vehicle must fit into regular parking stall. Trailers prohibited in parking lots/stalls). Employees and guests of Organization who do not use one of the four parking passes must park on game day according to the ISU game day parking rules.

      2. One Vendor parking pass will be provided to the Organization for use only by a catering vendor and which shall allow parking only on the WEST side of the tent assigned (standard tents 1-22 only) to the organization. Note: Vendor pass MUST be displayed and be easily seen in catering vehicle.

      3. Catering vehicle should enter the parking lots from Center Drive only and proceed South on “tent row” to designated tent. Note: vehicle must park as close the curb (next to the tent) as possible.

      4. Catering space is limited to 30 total feet (the length of the Standard Tent), ie: truck, trailer, grill. All trailers must remain hitched to a vehicle. Once parked, catering vehicle will not be allowed to move until after kick-off.

      5. Only catering vehicle is permitted to park next to the tent. All other vehicles are prohibited and subject to being towed.

      6. Illegally parked vehicles will be towed, without warning, at owner’s expense.

      7. The Organization is responsible for participant and equipment transportation to and from the tent.

    7. Alcohol Regulations

      1. Organization shall be responsible for any liability associated with serving and use of alcoholic beverages at the tent.

      2. Any use of alcoholic beverages shall comply with Iowa Law.

      3. Organization is responsible for monitoring and preventing the use of alcoholic beverages by minors at the tent.

      4. Beverages may not be served into individual glass containers.

      5. Beer can be provided in a keg or can only. Glass beer bottles are not allowed.

      6. A cash bar is not permitted unless the Organization has obtained written permission from ISU.

    8. ISU Regulations

      1. Organization shall adhere to all ISU policies, regulations, guidelines, NCAA rules and all local, state, and federal laws concerning health, safety, and public order. Failure to comply may result in termination of this agreement and removal of Tent Organization or its participants from ISU premises. ISU regulations include, but are not limited to, the following prohibitions in ISU buildings and on ISU property:

        1. Use of illegal narcotics and drugs.

        2. Firearms, weapons, ammunition, fireworks, explosives, and highly flammable materials.

        3. Possession of animals, except when required to assist disabled persons.

        4. Tampering with the fire safety systems or equipment.

        5. Gambling or solicitation in any form.

        6. No open fires.

    9. Anti-Discrimination Regulations

      1. Organization shall not discriminate on the basis of race, color, age, religion, national origin, sexual orientation, sex, marital status, disability or status as a U.S. Vietnam Era Veteran. ISU reserves the right to refuse rental to any organization that does not comply with this provision.

  3. PARTIES MUTUALLY AGREE THAT:

    1. Term

      1. The term of the lease commences at 7 a.m. and terminates two hours after the conclusion of the football game or 10:00 o’clock p.m. whichever is later. Organization may make other arrangements by written agreement with ISU. Organization understands that the actual kick-off time for football games is subject to change.

    2. Tent Location

      1. Tent location will be determined first by the number of season tent sold then by the date of single-game tent purchase, season tent buyers will have priority on all tent locations.

      2. Organization may request a location in writing at the time of payment with the understanding no location is guaranteed and that ISU has sole discretion on all standard and auxiliary tent locations.

      3. ISU will notify Organization in writing no later than seven days prior to scheduled event.

    3. Assignment

      1. This Agreement may not be assigned, sublet, or transferred, either in total or in part, by Organization without the prior written consent of ISU.

    4. Entire Agreement

      1. • This Agreement constitutes the entire understanding and agreement between the parties, and any written or oral representations not incorporated herein are superseded. Amendments or revisions to this Agreement may be made if in writing and signed by both parties.

    5. Governing Law

      1. This Agreement shall be governed by and construed under the laws of the State of Iowa, which shall be the forum for any lawsuits arising from or incident to this Agreement.

    6. Cancellation

      1. At its sole discretion, Iowa State University reserves the right to cancel the use of space with at least a 24-hour notice for any and all dates should Iowa State University need to accommodate an Iowa State University event or the proposed use potentially interferes with an Iowa State University activity. Should such a cancellation occur, Iowa State University will promptly refund any payments that have been made.

      2. Organization is not entitled to cancel this contract for any reason. Payment of the rental fee serves as a non-refundable deposit for a tent.

    7. Force Majeure

      1. If ISU’s performance of obligations under this rental agreement is materially interrupted or interfered with and the football game involved is cancelled or postponed by reason of any fire, flood, casualty, lockout, strike, unavoidable accident, riot, war, terrorism incident, Act of God, or any other local or national emergency, ISU has sole discretion to cancel or postpone the event and/or issue a refund to the Organization.

Tent Terms & Conditions updated 2/25/10