Churches in the Plymouth, MA area often find themselves at the heart of their communities, serving as venues for various events and gatherings. While this role can strengthen community ties, it also brings challenges, particularly when it comes to balancing the desire to be a good neighbor with the potential legal liabilities of allowing others to use church facilities.
Setting Expectations with a Facility Usage Policy
One of the first steps a church can take is to establish a clear “Facility Usage Policy.” This policy should outline who is permitted to rent the facility, the associated costs, responsibilities for setup and cleanup, and behavioral expectations. For instance, churches should avoid political events on their premises for tax reasons and carefully consider the implications of renting to for-profit enterprises. Establishing a fee schedule that reflects fair rental value and related expenses, such as custodial or childcare costs, is crucial.
The policy should also address behavioral issues, such as expectations regarding drinking, smoking, and participant conduct. Childcare arrangements for outside events should be considered, with some churches opting to provide screened childcare providers, while others allow groups to make their own arrangements.
Documenting and Approving Requests
Once a policy is in place, churches should use a simple facility request form to gather event details and contact information. An approval process involving church leaders, rather than a single individual, ensures a broader perspective on how the event aligns with the church’s mission and addresses any competing facility concerns. Informal uses of the building should be avoided to prevent safety, liability, tax, or financial issues.
Implementing a Facility Usage Agreement
Upon approval, a written Facility Usage Agreement should be signed by the outside group. This agreement confirms costs, specifies facility availability, and outlines expectations for facility use. Importantly, it should include a release from liability and a “hold harmless” clause, where the group agrees to indemnify the church for any injuries or damages. An attorney should review this agreement to ensure its adequacy.
Ensuring Proper Insurance Coverage
To protect the church’s insurance claims history and premiums, outside groups should have insurance coverage limits equal to or higher than the church’s policy limits. The church should be named as an additional insured on these policies, and proof of this should be obtained through a certificate of insurance.
Conducting Premises Inspections
Before an outside group uses the church’s facilities, conduct a thorough inspection to identify any conditions that could lead to accidents or injuries. Address any deficiencies, and conduct a walkthrough with a representative from the outside group before and after the event to document the condition of the premises.
Keeping Your Church Protected
While it may be uncomfortable to deny a facility request or require agreements and proof of insurance, it is essential for the church to be prepared. Allowing community groups to use church facilities can be a valuable outreach opportunity, but careful consideration of the types of events permitted is necessary.
For more information on how to protect your church while serving your community, reach out to our agency. We are here to help ensure your church is both a welcoming space and a safe one.
