Colleges and universities are integral parts of their communities, and it's common for third parties to request permission to use campus facilities and resources. In the interest of fostering positive town-gown relationships, administrators may feel inclined to offer these institutional assets. However, it’s essential to carefully consider the potential liabilities associated with third-party use. This checklist highlights key factors to evaluate before granting access to institutional assets.

1. Identify the Third-Party User
1. Determine the nature of the third party: nonprofit, charity, or commercial entity.
2. Confirm legal details: corporate name, legal address, and specific contacts (for event day and an authorized corporate officer).
2. Understand the Planned Use of Property
1. Clarify the intended use, including whether it involves minor children, high-risk activities (e.g., pyrotechnics, open flames).
2. Ensure insurance coverage and resources (police, fire, etc.) align with the activity's risk.
3. For events involving minors, identify chaperone arrangements and restricted areas.
3. Verify Insurance Coverage
1. Confirm sufficient insurance coverage (yours and theirs) for the planned event, particularly for high-risk activities.
2. Include a liability waiver and requirement for proof of insurance in the facilities use agreement.
4. Monitor Use of Institutional Branding
1. Specify in the agreement how and where institutional logos, trademarks, or other IP will appear.
2. Assess reputational risk, especially for events like films or athletic activities that may inadvertently associate the institution with specific messages.
5. Establish Security and Clean-Up Responsibilities
1. Outline who is responsible for security and clean-up in the agreement, including details for trained security if needed.
2. If using campus resources, consider any applicable third-party contracts, state regulations, or union agreements.
6. Clarify Institutional Responsibility and Staff Involvement
1. Define the expected involvement of institution staff and whether the duties fall within their regular job scope.
2. Understand that waivers may not fully absolve the institution of liability, depending on event circumstances.
7. Plan for Emergency Handling
1. Ensure adequate staffing and resources for handling emergencies, potentially requiring additional security, health services, or other support.
2. Assign a responsible person from your institution to be active and available on campus during the entire event.
8. Commercial Vendor Use of Space
1. Consider implications for commercial vendors using tax-exempt facilities, following state and IRS guidelines on tax-exempt bond-funded property.
2. Address any potential objections from competing vendors regarding facility use below market rates.

Lastly, when in doubt, simply say "no." There will be future opportunities to support third-party organizations, and it's always wiser to prioritize safety over risk.

Although the checklist is general and intended as a reminder, it provides you with information to help ensure institutional compliance and reduce risk. I hope you find the checklist helpful. And I welcome your feedback, so please let me know what I can do to strengthen this document. Please be sure to consult with your legal counsel on matters requiring legal advice.

You can reach me at [email protected]

Mary Kennard, Esq.
Senior Consultant, Academic Search.org