FACILITIES USE AGREEMENT

This Agreement (this “Agreement”) is made as of the 24th day of January 2022 by and between Heart of Virginia Council, Inc., Boy Scouts of America (“Heart of Virginia Council”), and Hunter Bailey (the “Organization”) and provides as follows:

RECITALS

The Organization has requested to use a facility belonging to Heart of Virginia Council designated on Exhibit A [Camp Use Request Form] attached hereto (the “Facility”) and Heart of Virginia Council has agreed to such request by granting a limited license subject to the terms and conditions of this Agreement.

Now, therefore, for and in consideration of the mutual undertakings of the parties, the Heart of Virginia Council and the Organization agree as follows:

Conditions Precedent to Use of Facility

1.                The Organization may not enter or use the facility until the following matters have been fulfilled to the satisfaction of the Heart of Virginia Council:

 

                       A)         The Heart of Virginia Council shall have received a Certificate of Liability Insurance issued by an insurer acceptable to Heart of Virginia Council (i) naming the Heart of Virginia Council and Boy Scouts of America and Scouting’s chartered organizations together with any of their affiliates, agents, servants, employees, officers, directors or volunteers (collectively the “Indemnified Parties”) as additional insureds (ii) providing for not less than $2,000,000 in coverage (iii) containing the effective dates of coverage (iv) providing for at least 10 days’ notice of cancellation and (v) containing no provisions or limitations unacceptable to Heart of Virginia Council.

                    B)          A proposed list of activities by the Organization at the Facility.

                    C)          A roster of person(s) or group(s) that will be using the Facility together with the names and contact information of the responsible adult leaders who will present during the use of the Facility.

                        D)          Payment of all base fees and charges for the use of the Facility.

2.               The Organization shall have agreed to all operating guidelines for the use of the Facility by the Organization as set forth on Exhibit B attached hereto [Camping Guidelines] (the “Guidelines”).

 

General Terms Regarding Use of Facility

                  A)           The Organization agrees that it is being granted a limited, revocable license to use the Facility and that the Facility has been examined and is accepted in an “As Is” condition. Heart of Virginia Council makes no representation or warranty regarding the condition of the Facility or its fitness for use for any particular purpose.

                  B)            The Organization agrees that it will be responsible for the health, safety, and well-being of each member, participant, or invitee of the Organization (collectively, “Attendee”) utilizing the Facility and compliance with all Guidelines by the Organization and each Attendee.

                      C)            The Organization acknowledges that it shall be responsible for any loss, or damage to the Facility or any component part occasioned by either the Organization’s use of the Facility or the actions of an Attendee (ordinary wear and tear excepted) and will on demand promptly reimburse Heart of Virginia Council for any such losses or damages.

                   D)            The Organization agrees that it will and that it will cause each Attendee to abide by the Guidelines and all other rules and regulations for the use and operation of the Facility. The Organization further agrees to follow and cause all Attendees to follow all instructions and directions provided by the Heart of Virginia Council’s Scout Executives, Group Director, Camp Master, or Camp Ranger (collectively, the Council’s Representative”).

                   E)             The Organization agrees that if either the Organization or any Attendee fails to follow the Guidelines or the rules and regulations for the use or operation of the Facility or fails to follow the instructions of the Council’s Representative, that Heart of Virginia Council in its sole discretion may immediately revoke the license of the Organization or of any Attendee to use the Facility, cause immediate vacation of the Facility and the forfeiture of all fees, reserving all other right and remedies.

                    F)             The Organization agrees to indemnify and hold harmless, assume liability for, and defend all Indemnified Parties of and from any and all cost and expenses, including, but not limited to investigative and discovery costs, court costs, and any other sums that any Indemnified Party may incur as a result of any claim, demand or assertion of liability in any manner arising or alleged to have arisen out of any act or omission of any Indemnified Party or, any use of any real or personal property belonging to or under the control of any Indemnified Party, including, but not limited to any liability under the Americans with Disabilities Act or under any local, state or federal law rule or regulation. Notwithstanding anything in this paragraph to the contrary, the Organization shall not be required to provide indemnity for any action or omission constituting gross negligence by an Indemnified Party.

 

General Provisions.  

                   A)              Waiver of Jury Trial. The Heart of Virginia Council and the Organization agrees that any suit, action, or proceeding, whether claim or counterclaim, brought or instituted by either the Organization, any successor or assign of either the Organization or Heart of Virginia Council on or with respect to which in any way relates, directly or indirectly, to the obligations of either party under this Agreement, including all Exhibits, or the dealings of the parties with respect thereto, shall be tried only by a court and not by a jury in Goochland County, Virginia. The Heart of Virginia Council and the Organization hereby expressly waive any right to a trial by jury in any such suit, action, or proceeding.

                  B)           Changes. This Agreement can only be amended by writing and signed by both the Heart of Virginia Council and the Organization. Oral changes or amendments are not binding.

                   C)            Survival. The provisions and indemnities of this Agreement shall survive the termination of this Agreement. 

                       D)           Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia.

                   E)           Severability. If any provision of this Agreement is held to be illegal or unenforceable, all of the remaining provisions of this Agreement shall remain valid and enforceable.

                   F) The failure of Heart of Virginia Council to exercise any right, power, or remedy upon the breach of any of the terms of this Agreement shall not be deemed a waiver of the right to exercise such right, power, or remedy upon the occurrence of a subsequent breach.

The Organization acknowledges having read, understood, and received a copy of this Agreement and all Exhibits.

The organization will have access to the Main Dining Hall and the area outside the dining hall. The organization will also have access to the kitchen area. The non-refundable deposit is $500 and is due by BOOKING to secure this reservation. The final cost of this event is $2,350 due in full 45 days prior to the event. The organization will have access to the facilities defined above from the Date requested after 10 am until midnight. The group may serve alcohol but must provide a license from the County to the Heart of Virginia Council to provide this service.

 

 

 

 

 

 

 

 

 

SUMMARY OF CAMPING GUIDELINES 

PARKING:  All vehicles must park in one of the designated parking areas.  Parking along roads is not permitted.

CHECK-IN: Leaders and adult visitors must check in with the Campmaster, Camping Director or Camp Ranger.  Do not plan to arrive at camp before 7:00 AM or leave after 10:00 PM.    Present a copy of your Request for Use Form and attendance roster to the Campmaster, Camping Director or Ranger on arrival at camp and check out with him when you leave.  Vehicles must be in designated parking lots immediately after unloading.  Equipment trailers may be left in the campsite.

SPEED LIMIT: The maximum speed limit on camp property is 10 mph, 5 mph on secondary roads. 

LIGHTS & STOVES:  Liquid fuel lights and stoves may only be used under adult supervision.  A 12” minimum clearance from trees and overhanging branches in required.

GARBAGE DISPOSAL:  All waste materials must be disposed of properly.  Trash may be placed in the camp dumpsters if the camp dump fee was paid.  All trash and other waste must be removed from camp property.

FIRES:  Build all campfires in established camp fire pits.  Check with the Camp Master, Council Program  Director or Camp Ranger concerning possible fire restrictions. Use proper approved fire procedures as defined in the Boy Scout Handbook. All fires must be out cold before leaving the camping area.  Do not bring in outside firewood!

TREES:  Do not cut or mark any trees without permission from the Camp Ranger. Do not clear underbrush from the edges of the campsite or clean the ground of leaf fall in and around the tents.

PROGRAM AREAS: Without prior approval, program areas are not available. Approval from the Council must be obtained in advance to use the following: Shot Gun Range, Rifle Range, Archery Range, Climbing Tower, High Low Ropes Course (Project COPE), and Aquatics Area. Use of all buildings and shelters must have prior approval.

PROGRAM ASSISTANCE: Program needs requiring special effort from the Camp Ranger must be arranged in advance with the Council.  At the end of your stay, all borrowed program items must be returned.

PROHIBITED ITEMS: Alcoholic beverages, illegal drugs, fireworks and firearms are not permitted on camp property.  Offenders will be subject to immediate dismissal from camp property.

ACCIDENTS: All accidents and emergencies should be reported immediately to the Campmaster, Council Program Director or Camp Ranger.

FISHING: No fishing is permitted in the swimming and boat docking areas or within 100 feet of those areas.  (Lost fishing lures in those areas are hazardous to swimmers and boaters.) The buddy system is always used in camp but is extremely important when youth are fishing.

PROPERTY OR EQUIPMENT DAMAGE: The Unit assumes all liability for abusive damages to camp facilities or equipment.  Locked areas of camp (gates or buildings) are off-limits without prior approval from the Council.

USE OF THE ADMINISTRATION BUILDING: Only adults, with prior permission from council, are permitted to sleep in the Camp Administration Building. Sleeping is not permitted in any other building by any youth or adult campers at any time.

I have read, understand, and will follow the aforementioned regulations.  Failure to adhere to these regulations may result in my unit forfeiting their privilege to camp at Camp T. Brady Saunders.

Upon arrival at camp please check-in with the Camp Master.

For Cub Camp the campmaster is located at the Welcome Pavilion.

For Douglas Fleet and T. Brady Saunders, they are in the Camp Master quarters by the Nawakwa museum (the red building when you turn into camp.

You can also check in with the Camp Ranger

James Hinkley (757)358-4321

Thanks for scheduling your outing at the Heart of Virginia Scout Reservation.  We look forward to having you here for a successful event.

When you are ready to leave camp, please make sure that your camping area and any facilities used are in good condition and clean.  Please let the campmaster or ranger know that you are leaving and about any deficiencies that need to be addressed based on your experience.

The Heart of Virginia Scout Reservation works to ensure quality facilities.  In the event, you need to cancel or make changes to your reservation that would result in an overpayment or refund request. The cancellations rules are canceled requests made 3 weeks or more prior to reservation, 100% refund or credit will be awarded. Canceled requests made less than 3 weeks prior but more than 2 weeks prior to the reservation will result in a 50% credit to be used in future reservations. Cancelations requests made less than 2 weeks prior to the reservations will result in no refunds or credits.

All facilities need to be clean and in good condition before you leave.  If you have any issues, please contact a camp ranger or the camp master.