This Photography Agreement (hereinafter “Agreement”) is entered into this _____ day of ________, 201__ by and between The Board of Regents of the University System of Georgia by and on behalf of the University of Georgia State Botanical Garden, a unit of Public Service and Outreach (also referred to as “SBG” herein) and ______________________ (hereinafter “Photographer”). Photographer wishes provide professional services, which may include occuping SBG space and utilizing SBG property and equipment as permitted. In consideration for use of SBG premises, Photographer hereby agrees as follows: 1. Photographers will register at the Information Desk in the Visitor Center if on premises during open building hours. For after hour sessions, registration must be done in advance. Photographers working with brides, bridal parties, and other guests who rent a facility at the SBG for a function may coordinate a photo shoot with the renters and SBG, if desired, in advance of the event. 2. Photographer agrees to abide by University of Georgia regulations and policies as well as all applicable laws relating to the use of SBG facilities, including, but not limited to: a. UGA’s Non-Discrimination and Anti-Harassment Policy (https://eoo.uga.edu/); b. Any alcoholic beverages must be served in strict compliance with University of Georgia Alcohol Beverage Policy and applicable Georgia laws (Exhibit A); c. The University of Georgia is a tobacco-free campus. Tobacco use is prohibited in all areas, including outdoor areas, of the State Botanical Garden (http://uga.edu/tobacco-free/); and d. Possession of weapons on the University of Georgia campus is governed by Georgia law O.C.G.A. 16-11-127.1. Additional information may be found at: https://www.police.uga.edu/crime-stats/weapons-on-campus-info-2. e. Drones and aerial vehicles are not permitted. 3. Photographers and guests will respect UGA property while visiting the SBG. Photographer will ensure that Photographer and guests comply with all SBG policies, rules, and regulations, including, but not limited to the following: a. Do not climbing onto fences, trees, or other structures for photo poses. b. Do not pose, walk on, or cut through the planting beds. This includes any area covered with pine straw, even if no plants are visible at the time. c. Do not step on or move any plant labels. d. Unless facilities have otherwise been rented for private use, photography sessions will not unduly conflict with the public’s normal use and enjoyment of the gardens. e. Materials may not be taped, pinned, nailed or tacked to walls. Containers used for floral arrangements and other decorations must have protective mats/felt bottoms when placed on furnishings, finished surfaces, etc. f. Fresh or dried rose petals, birdseed, rice, glitter, confetti, or similar materials may not be thrown or scattered anywhere in the building or on the grounds. g. Butterflies, birds, and other living organisms may not be released indoors. Outdoor releases must be preapproved. h. Helium filled balloons, artificial smoke, fog, and bubble machines are prohibited. i. All sidewalks, doors, aisles, passages, and ways of public utilities of the premises, including fire extinguishers, must be kept unobstructed. This includes garden areas or gazebos, or the use of props such as animals, furniture, etc. j. With the exception of candles allowed indoors at certain SBG facilities, open flames and fireworks of any kind (including sparklers) are strictly prohibited. All indoor candle must be in a votive. Photographer will be held liable for any violation of this provision and for any subsequent property damage. 4. The Garden staff retains the authority to eject or cause to be ejected from its premises any person or persons it deems necessary for violations of the terms of this Agreement, safety concerns, lewd or indecent actions, fighting, intoxication, loud or abusive language, or other conduct that is offensive, disruptive or otherwise objectionable. 5. Publication and Permissions. a. Any commercial use of photographs taken on SBG property, the SBG and University of Georgia’s name, address, logos, and trademarks may not be used in any publication or advertising for professional services without the prior written approval of the
University of Georgia’s Marketing and Communications department. All requests must submitted at least one month in advance and may be granted or denied upon the department’s sole discretion. b. Any photo albums brought in for display in the Rental Office must only contain SBG events, preferably within the last five years. Personal Property. The State Botanical Garden of Georgia, the University of Georgia, and The Garden Club of Georgia are not responsible for any loss, theft, or damage of personal property. All personal property used or stored at the SBG shall be at the sole risk and responsibility of its owner. Indemnity. The photographer indemnifies and holds harmless the Board of Regents of the University System of Georgia, the University of Georgia, and the State of Georgia and all of their respective officers, members, employees and directors (hereinafter collectively referred to as the "Indemnitees") from and against any and all claims, demands, liabilities, losses, costs or expenses, including attorneys' fees, due to liability to a third party or parties, for any loss due to bodily injury (including death), personal injury, and property damage arising out of or resulting from this Agreement or any act or omission on the part of the photographer, its invitees, agents, employees or others working or enjoying the Licensed Premises on behalf of the photographer, or due to any breach of this Agreement by the photographer, or due to the application or violation of any pertinent Federal, State or local law, rule or regulation. This indemnification extends to the successors and assigns of the photographer. This indemnification obligation survives the termination of the contract and the dissolution or, to the extent allowed by law, the bankruptcy of the photographer. If and to the extent such damage or loss (including costs and expenses) as covered by this indemnification is paid by the State Tort Claims Trust Fund, the State Authority Liability Trust Fund, the State Employee Broad Form Liability Fund, the State Insurance and Hazard Reserve Fund, and other self-insured funds (all such funds hereinafter collectively referred to as the “Funds”) established and maintained by the State of Georgia Department of Administrative Services Risk Management Division, the photographer shall reimburse the Funds for such monies paid out by the Funds. Programs Serving Minors. The photographer shall, if use of the Licensed Premises provides for the care, custody, or control of minors, take precautions to assure the safety and well-being of minors, and to release the Indemnitees from any liability in conjunction with the use of the Licensed Premises. The photographer by its signature herein acknowledges receipt of a copy of and compliance with such policy, as set forth on Exhibit C. Contact Information. Photographer must keep SBG updated on photographer’s contact information and website links. The following individual(s) will serve as the on-site representative(s) and contact person for the Photographer on the day of the event: Name(s):
Cell Number: ______________________________________________ 10. No Assignment. This Agreement may not be assigned, transferred, or sublet in whole or in part. Agreed to by: The Board of Regents of the University System of Georgia by and on behalf of The University of Georgia State Botanical Garden of Georgia
<PHOTOGRAPHER’S NAME HERE>
(Name – Authorized Official)
Title Date Date ***Sign and return this Agreement to the SBG Rental Office with the required documentationPhone: (706) 542-6467, Fax: (706) 542-3826 Email: firstname.lastname@example.org
EXHIBIT A ALCOHOL BEVERAGE POLICY The following guidelines have been adopted to govern events where alcoholic beverages are served or provided on University of Georgia property. These guidelines apply to all events at The State Botanical Garden of Georgia regardless of whether the event is sponsored by a University unit, external entity, or private individual. Strict observance to these guidelines is required. 1. Check Identification. Alcoholic beverages must not be provided or served to persons below the legal drinking age. Therefore, the sponsoring University unit or University official, agent, or employee must check for proper identification before serving any alcoholic beverage and must reject any questionable forms of identification. 2. Refuse to Serve Intoxicated Guests. If a participant or guest appears intoxicated, the sponsoring University unit or University official, agent, or employee must not serve any additional alcohol to that person. Furthermore, a reasonable effort should be made to arrange a safe trip home. 3. Provide Non-Alcoholic Beverages. The sponsoring University unit or University official, agents, or employee should provide plenty of non-alcoholic beverages so as to avoid the problem of â€œforcingâ€? guests to drink alcoholic beverages because there is nothing else to drink. There needs to be parity between the quantity and variety of nonalcoholic beverages. 4. Serve Food. When alcohol is served or provided at a lunch, dinner, or reception, there needs to be plenty of food available. 5. Do Not Permit Self-Service of Alcoholic Beverages. The sponsoring University unit or University official, agent, or employee should use staff members or hired bartenders to serve alcoholic beverages in order to limit the size and number of drinks being served and to spot those who may be intoxicated. Where the function involves a sit-down meal at which alcohol is served, waiters and waitresses should be instructed to ask before automatically refilling wine or liquor glasses. 6. Restrict Alcoholic Beverages to a Controlled Area. The sponsoring University unit or University official, agent, or employee must take adequate steps to ensure that alcoholic beverages are not allowed outside the predetermined boundaries for the event. All alcoholic beverages should be consumed or disposed of by all guests or participants before they leave the premises. 7. Limit or Eliminate References to Alcoholic Beverages in Advertisements. Advertisements or invitations to University events where alcoholic beverages are being served should emphasize the nature of the event, and not the alcoholic beverages. Keep references to the type and quantity of alcoholic beverages to be served out of promotional materials. 8. Addendum to the UGA policy for the Day Chapel at The State Botanical Garden of Georgia: Only champagne, champagne punch, white wine, and non-alcoholic beverages may be served or consumed in the reception hall and on the garden terrace. No beer bottles, cans, kegs or open-bars are permitted. Absolutely no food or drink is permitted on the sanctuary level. All other University guidelines and restrictions apply. 9. Addendum to the UGA policy for the Callaway Building: No red wine or grape juice may be served in this facility. No food or drink is permitted in the auditorium. All other University guidelines and restrictions apply. 10. Addendum to the UGA policy for The Garden Club of Georgia, Inc: No red wine or grape juice can be served in this facility. Kegs are NOT permitted. Absolutely no food or beverages on the front entrance level. All other University guidelines and restrictions apply.
EXHIBIT C PROGRAMS SERVING MINORS 1. Institutional Policy. If Permit Holder operates a program or activity that provides for the care, custody, or control of minors, Permit Holder shall be governed by and comply with all requirements of the Institutionâ€™s Policy for Programs and Activities Serving Minors. Such requirements include but are not necessarily limited to those listed below. 2.
Duty of Care. Permit Holder shall operate such program/activity in a reasonably safe manner.
3. Forms. Permit Holder shall use all appropriate forms related the operation of the program/activity, which may include but are not necessarily limited to the following forms: parental consent, participant conduct agreement, medical information and release, medical treatment authorization, medical authorization to administer medication, media release, pickup authorization, and others. 4. Code of Conduct. Permit Holder shall require program/activity staff, including volunteers, to abide by a staff code of conduct. 5. Criminal Background Checks. Permit Holder shall properly screen and conduct criminal history background checks, including screening via the National Sex Offender Registry, on all employees, volunteers, counselors, chaperones and others who are reasonably anticipated to have direct contact or interaction minor participants. Permit Holder shall certify that that the background checks will, at a minimum, satisfy the requirements of the Institutionâ€™s Human Resources Administrative Practice Manual (HRAP). Permit Holder shall notify and require all individuals who have undergone a background check to self-report any arrest, charge, or criminal conviction occurring after the date of the background check to the Permit Holder prior to returning to a Program/Activity. Personnel in charge of screening volunteers should be aware of the inherent limitations of background checks and should seek to utilize other screening methods, when possible, in addition to background checks to include in-person interviews and reference checks. Permit Holder shall, prior to the beginning of the Time of Use, provide to the Institution a certification that it has performed background checks in a manner consistent with the requirements above. 7. Supervision. Every minor participant must be properly supervised at all times while participating in the program/activity. Permit Holder certifies that there will be appropriate supervision and that there will be an appropriate participant-to-supervisor ratio, which may vary depending on the age of the participants, the nature of the activity, and whether the program has an overnight component. Please refer to the American Camp Association guidelines for supervision ratios (www.acacamps.org). 8. Training. Permit Holder shall provide training to all program/activity staff and volunteers assisting with the program/activity that addresses mandatory reporting requirements, appropriate contact with minors, safety and security procedures, and response protocols for injury / illness, staff misconduct, and participant misconduct. 9. Safety and Security. Permit Holder agrees to ensure the safety and protection of program participants and to establish protocols for reporting injuries, staff misconduct, participant misconduct, and procedures for secure pickup and drop-off of program participants. Permit Holder agrees to establish security measures (e.g., where to meet and where to go if lost, responses and protocols for weather alerts, accidents, missing persons, etc.), and to communicate those measures to program participants and parents/guardians.
10. Reporting Obligations. Criminal activity should be reported immediately to the University of Georgia Police Department (UGAPD): 911(emergency) or 706-542-2200. Campus law enforcement professionals can assess the situation and determine what other notifications or actions, if any, is necessary. 11. Known or Suspected Abuse or Neglect of Minors. If Permit Holder and/or any of its employees, volunteers, or other agents or any other authorized adult present at the program/activity know, suspect, or receive information providing reasonable cause to believe that a minor has been abused or neglected, or if Permit Holder or such other individuals have other concerns regarding a minor’s safety, Permit Holder or such other individual must report the situation immediately to the UGAPD and to the Georgia Department of Human Services (and/or the Division of Children and Family Services) by calling 911(emergency) or 706-542-2200, and 1-855-GACHILD (422-4453), as required by Georgia law. Permit Holder hereby acknowledges its understanding of this reporting requirement for known or suspected abuse or neglect of minors. 12.
Registration. Permit Holder shall register its program/activity with the Minors on Campus Inventory.
13. Responsibility. Permit Holder is responsible for reviewing and understanding all of the requirements of the Institution’s Policy for Programs and Activities Serving Minors. Failure to abide by Institution’s Policy may result in revocation of the Permit and/or a potential barring from future use of Institution’s facilities as determined by Institution in its sole discretion.
For photographers/videographers This is a sample contract. An official contract may only be presented to a renter directly from the State Bo...
Published on Aug 10, 2016
For photographers/videographers This is a sample contract. An official contract may only be presented to a renter directly from the State Bo...