Indemnification Agreement for Use of PSU Premises by Non-PSU Groups

All Non-PSU Groups using the University's premises are required by Board of Trustees' Policy AD-2 to complete the University's Indemnification Agreement before the use can occur. Any PSU employee who is assigned the responsibility of handling these requests from non-PSU groups should be thoroughly familiar with Policy AD-2 and any other relevant AD policies. The Indemnification form itself is found on page 8.16, Miscellaneous Section, of the Form Locator available under GURU, page 8.16 , entitled UNIVERSITY INDEMNIFICATION AGREEMENT.

NOTE:  GURU can be found under "Faculty and Staff" on the University's Home Page.

Steps to Follow when a Request is received from a Non-PSU Group:

1.  Verify the non-profit status of the requesting group. If the requesting Group's status is for-profit, verify the activity is noncommercial in nature (such as a company having a training or teleconference session for its employees) in accordance  with Policy AD-27, /policies/AD27.html, entitled COMMERCIAL SALES ACTIVITIES AT UNIVERSITY LOCATIONS.  NOTE:  Private for-profit sports camps are prohited.

2.  Verify the event in question is not degrading in nature to the University's status and mission and does not violate governing laws or University policy.

3.  Obtain proper approvals from all campus and/or departmental areas involved in or impacted by the requested use of premises.

4.  Fill out all the necessary information at the top of the form.  Please do NOT have the group fill it out themselves as they often fail to provide all of the necessary information. If you are aware that a Certificate of Insurance will be required, please request one at this time. (See paragraph No. 6 for further information on Certificates of Insurance.)

5.  Once you have received back the complete signed Agreement (signature, title, date and phone number) from the Group along with any Certificate of Insurance that you requested, please review to make sure everything is in order. The originals should be maintained on file in your office and copies faxed to the Risk Management Office at (814) 865-4029 (24 hours).

A) It is best that the original Indemnification form have an "ink" signature.
B) The original documents should be kept on file for a minimum of two years from the ending date of the event.

6. A Certificate of Insurance will usually be required for any event which is more than just a meeting held in general classroom or other similar facilities. Specifically, a

Certificate of Insurance will be required if the event:
a. Involves Athletics of any type.
b. Involves minors (under 18) as participants.
c. Involves carnival type entertainment and/or rides, or animals.
d. Involves the sale of items by a non-profit group or those holding under the non-profit group such as vendors at an Arts & Craft show.
e. Involves the distribution or sale of perishable food products allowed under Policy AD-26, SALE OF FOOD AND BEVERAGES AT UNIVERSITY LOCATIONS, /policies/AD26.html
f. Will result in a large crowd and/or highly valuable items being brought on our premises, such as an Antique Automobile Show.
g. Involves performances such as plays, concerts, etc. or graduation ceremonies.
h. If you are unsure as to whether or not a Certificate will be required, please contact Cris Boob at (814) 865-0512 for a determination.

If a Certificate of Insurance is required, the following applies:

A. The Certificate Holder must be shown as The Pennsylvania State University, Risk Management Office, 227 W. Beaver Avenue, Suite 103, State College, PA 16801

B. The Certificate of Insurance must evidence the non-PSU Group's general liability insurance coverage. Normally, the minimum acceptable limit is $1,000,000 per occurrence, but you can contact Cris Boob if the group's insurance limit is less for a determination based upon the individual circumstances.

C. The University must be shown as an Additional Insured under the general liability insurance. Please review the Certificate for the words, "Additional Insured". (If the Certificate of Insurance is the widely used ACORD form, this Additional Insured language will be somewhere near the bottom and usually in the horizontal box labeled "Description of Operation/Locations/Vehicles/Special Items".) If you do not see any evidence of "Additional Insured" please advise the group the Certificate of Insurance is unacceptable.

D. Copies of insurance policies or pages from said policies are NOT acceptable. The required document must be titled "Certificate of Insurance" or "Certificate of Liability Insurance". (Please advise the Group to contact their insurance agent if they are unsure as to how to obtain the required Certificate.)

E. Watch out for an ACORD form Certificate of Insurance (ACORD is usually shown at the top left of the form) which has either a back page or a second page attached to it that begins with "IMPORTANT" followed by two paragraphs, the first paragraph reading as following:

"If the Certificate Holder is an ADDITIONAL INSURED, the policy (ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements".
This attachment is NOT acceptable to the University, unless a copy of the endorsment is included.
F. Depending on the circumstances, Risk Management may require the Certificate of Insurance to also evidence other insurances such as Workers' Compensation or Automobile Liability.  You can request these coverages yourself if you know from experience they will be required.  Otherwise, contact Cris Boob if you have any concerns in these areas.

Please allow a MINIMUM of two weeks prior to the date of the event for Risk Management to receive the Indemnification Agreement and any required Certificate of Insurance.  The more time you can give Risk Management to review them, the better it is for all parties concerned.  ALWAYS include a copy of the Indemnification form with any Certificate of Insurance being faxed to Risk Management.