[09/10 Form]

WESLEYAN UNIVERSITY FRATERNAL ORGANIZATION AGREEMENT

This Agreement, entered into as of , ____ (the “Effective Date”) between Wesleyan University with an
address of 237 High Street, Middletown, CT 06459 (hereinafter referred to as “University”) and
_________________ a fraternal organization and a (CT Corporation/unincorporated association with an address of
________________________________(hereinafter referred to as the “Organization”), represents specific
agreements and understandings between University and Organization. This Agreement shall be effective from
____________ __, ____ until the earlier to occur of a) renewal or refreshing of this Agreement (which the parties
contemplate annually); b) termination by the Organization upon thirty (30) days prior written notice to the University
for any reason; or c) termination by the University for any reason.

I. General / Scope of Agreement. Subject to such organization’s compliance with the terms of this
Agreement and other requirements imposed by the University, University is willing to provide certain
benefits, including the use of University facilities and housing benefits, to certain fraternal organizations,
including Organization.

a. Organization & Authority. Organization represents and warrants that it is either a Connecticut non-
stock corporation in good standing or an unincorporated association existing under the laws of the
state of Connecticut, pursuant to an organization constitution, a copy of the current version of
which, and all future amendments Organization shall keep on file with the University Office of the
Dean of Students. The individual executing this Agreement on behalf of the Organization has
provided a copy of it to the members of the organization and such individual is duly authorized to
execute this Agreement.

b. Relationship with University. University is a Connecticut non-stock corporation and Organization is

not part of that corporation, but rather exists and operates independently of the University.
Organization is not an agent, servant, employee or representative of the University in any way or of
any type, but rather is an independent contractor responsible for and managing its own affairs. The
parties understand and agree that this Agreement is the only source of any control the University
has over the Organization or its activities except with respect to activities occurring on University
property or other matters governed by University policy or requirement such as student conduct
and discipline. Organization understands that it is not required to enter into this Agreement and
that the only result of not doing so would be the loss of benefits described herein. Organization
understands and agrees that a) there is no guaranty or promise contained herein or otherwise
regarding the continuation of any such benefits and b) such benefits should not be misinterpreted
as meaning that such organizations are in any way a part of, or controlled by the University, that
the University is responsible for such organizations’ contracts or other acts or omissions, or that
the University approves of such organization’s goals or activities. The University does not have a
practice of “recognizing” fraternal organizations. Such organizations are free to exist and/or
operate either with or without any University benefits. Organization shall not hold itself out as being
part of, controlled by or acting on behalf of the University.

c. Use of Facilities and Housing. In consideration for the agreements set forth herein and subject to
all applicable University policies, Organization shall have a) access to University’s facilities, b) shall
have limited use of University’s name and trademarks as herein provided and c) shall be permitted
to house undergraduate University students through the Department of Residential Life housing
process .

II. Organization Activities and Operations.

a. Use of University Name and Trademarks. University does not encourage the use of its name or
trademarks as part of the Organization’s name but will allow such use as specifically authorized in
writing by the University Dean of Students. University reserves the right to direct the Organization
not to use its name at any time at University’s sole discretion.

b. Insurance & Defense. Organization shall obtain and maintain, at its expense, all necessary
insurance coverage, including without limitation, public liability, product liability, auto (if applicable)
and workers’ compensation insurance as set forth on Schedule A attached hereto. All such
policies shall provide that the required coverage shall not be terminated without at least thirty (30)
days’ prior written notice to University. Organization understands and agrees that the University
 and its trustees, officers and employees will not be liable or responsible for any of the
Organization’s (or its directors, officers, members, staff or activity participants’) contracts, torts or
other acts or omissions. The Organization understands and agrees that neither it nor its directors,
officers, members, staff or activity participants are protected by the University’s insurance policies
or self-insurance plans and that the University will not provide any legal defense for the
Organization or any such person in the event of any such claim against them.

c. Taxes. The Organization shall not use the University’s taxpayer identification number or the
University’s tax-exempt status in connection with purchases or sales by the Organization, gifts to
the Organization, interest or other income of the Organization or any other activity of the
Organization.

III. Required Organization Conduct.

a. Nondiscrimination. Organization shall not restrict membership or activity by reason of age,

citizenship, color, disability, race, religion, national origin, political affiliation, sexual orientation or
status as a disabled veteran or veteran of the Vietnam era. It shall not be a violation of this
provision for Organization to select its membership based on gender.

b. Compliance with Law. The Organization and its members shall comply with all federal, state and
local laws as well as University policies. Examples and illustrations of explicitly prohibited conduct
provided herein shall in no way limit Organization’s general responsibility in this regard.
Organization understands and agrees that the University may alter, amend and/or modify its rules
and policies at any time and such changes will be binding on the Organization hereunder.

c. Drugs & Alcohol.

i. Organization and its members will comply with all applicable laws restricting or prohibiting
the use, sale, distribution or possession of controlled substances and shall prohibit such
activity on Organization property or at Organization events, regardless of location;

ii. Organization and its members will comply with all applicable laws restricting or prohibiting
the use, sale, distribution or possession of alcohol and shall prohibit the consumption by or
sale/distribution to minors of alcohol on Organization property or at Organization events,
regardless of location.

d. Accountability. Organization is responsible for the conduct of its individual members, residents and
guests. Organization is expected to take disciplinary action against members who violate the rules
and expectations of the Organization, of the University or of the community (or the law). Upon
request by the University, Organization shall confirm that appropriate disciplinary action has been
taken.

e. Events. In addition to any other legal or regulatory requirements regarding the same, Organization
shall register all events in accordance with University rules and policy requirements.

f. Physical Facilities. In addition to any other legal or regulatory requirements regarding the same,
Organization shall ensure the following:

i. Doors to sleeping rooms must be equipped with automatic closing devices and a lock to
provide security to the occupant(s);
ii. All exterior doors must remain locked at all times unless an event necessitates an open
front door, in which case there must be at least one locked door restricting access to each
residential hall. Doors may not be propped open;
iii. All rooms must be professionally cleaned prior to the arrival of new occupants each
semester;
iv. Common living areas and bathrooms must be professionally cleaned at least five (5) days
a week; and
v. All mechanical areas must be secured so that access is restricted to house management
and service personnel.
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 g. Fire Safety and Smoke Free. In addition to any other legal or regulatory requirements regarding
the same, Organization shall ensure the following:

i. All Organization properties must have a full, active fire alarm system including sprinklers
where required by law;
ii. All such systems must, upon activation, immediately notify the Middletown Fire
Department central dispatch directly by Radio Master Box or via a central station alarm
monitoring company;
iii. Any commercial cooking hoods must have an active fire suppression system;
iv. Any and all commercial cooking system ductwork shall be cleaned, inspected, tested and
maintained not less than two times annually;
v. Each sleeping room must have a 110v. hard-wired smoke detector with battery backup
and all smoke detectors shall be tested at least two times annually (one time in addition to
the inspection noted in h(ix) below) and their batteries replaced not less than annually;
vi. All Organization properties must have emergency lighting systems which illuminate all exit
pathways and, if such system is operated via an emergency generator, such generator
shall be tested monthly (in addition to the annual inspection noted in h(ix) below);
vii. There shall be a full residence fire drill not less than two times per year in conjunction with
the Middletown Office of the State Fire Marshall and Wesleyan Campus Fire Safety;
viii. Not less frequently then annually there shall be a fire and life safety inspection of all
sleeping rooms and the Organization property generally by the City of Middletown along
with a University representative.
ix. Organization shall prohibit smoking in all residential areas of Organization property,
including but not limited to, all bedrooms, common areas, service areas, storage areas,
bathrooms, kitchens, dining areas and balconies.
x. The Organization shall commission an annual inspection by a licensed electrician, duct
cleaning vendor, kitchen hood system vendor and/or fire sprinkler contractor to certify
Organization’s compliance with sections (i), (ii), (iii), (iv), (v) and (vi) of this section and
provide University with a copy thereof not later than February.

h. Public Safety. The University Office of Public Safety and its Public Safety Officers have a duty to
address suspected safety or security issues and/or suspected policy violations in privately owned
residences that take advantage of University benefits as provided for herein. While Public Safety
may not routinely patrol Organization property, it and its officers may address issues therein that
come to their attention and the Organization commits and agrees to cooperate in all respects with
the University Office of Public Safety and its officers.

i. Programming. Organization shall comply with the programming expectations of the Department of
Residential Life.

j. Restricted Items & Fire Hazards. Organization shall prohibit from its property all restricted items,
including but not limited to open flame devices, explosives, ammunition, incendiary devices and/or
lethal weapons, all as further provided by University policy and applicable law.

IV. Miscellaneous.

a. Organization Contacts. The Organization shall provide University with the following information and
shall update it with any changes during the term hereof:

i. Organization Premises Address:

ii. President Name:

1. Phone:
2. Email:

iii. Vice President Name:

1. Phone:
2. Email:
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 iv. Social Chairperson Name:

1. Phone:
2. Email:

v. Date of Next Election:

vi. Board Chairperson / Alumni Contact Name:

1. Phone:
2. Name:

b. Waiver. Failure of the University to enforce any of the provisions of this Agreement shall not be
construed as a waiver of that or any other provision with respect to later breaches of the same.

c. Assignment. Neither this Agreement nor any interest herein may be assigned or subcontracted by
Organization without the prior written consent of University.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement, effective as of the day and year first
above written.

WESLEYAN UNIVERSITY (University) [___________________________] (Organization)

By: By:

Name: Name:

Title: Title:

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 Schedule A

Wesleyan University
ORGANIZATION INSURANCE REQUIREMENTS
EFFECTIVE JANUARY, 2008
During the term of this Agreement the Organization shall carry and maintain at its own cost and expense the types
of coverage listed, protecting University and Organization from claims which may arise out of or result from
Organization’s performance under this Agreement, whether such performance be by Organization or by any
subcontractor or agent or by anyone directly or indirectly employed by any of them or by anyone for whose acts
any of them may be liable. The Organization shall maintain such coverage with insurers licensed to do business in
the State of Connecticut and approved by the University.

The minimum amounts of insurance coverage to be provided by Organization hereunder shall be the
greater of the amounts required by law and the following minimum amounts:

Insurance Coverage Minimum Coverage

Comprehensive General Liability Insurance. To $1,000,000aa

include: Bodily Injury, Broad Form Property Combined single limit.
Damage, Liquor Liability with limits of not less than
$1,000,000 per occurrence, personal injury groups
A, B, and C with employee exclusion deleted,
Products and Completed Operations, and
Contractual Liability

Workers’ Compensation and Employer’s Liability
Insurance covering each employee
Full statutory limit each accident; Employers Liability
coverage of $100,000 each accident bodily injury by
accident/$500,000 policy limit bodily injury by
disease/$100,000 each employee bodily injury by
disease or as required by Umbrella policy.

Comprehensive Motor Vehicle Liability Insurance
Including owned, non-owned and hired automobiles
used in connection with the activities undertaken
under this agreement with combined single limit of
$1,000,000 for property damage and bodily injury
per occurrence.

Excess Umbrella Coverage $5,000,000 each occurrence.

The Excess Umbrella Policy will follow form and
shall provide coverage that is as broad as the
primary policy(ies).
User agrees that:

1. “Wesleyan University, it officers, agents, servants and/or employees” shall be named as an Additional
Insured under the Comprehensive General Liability, Comprehensive Motor Vehicle Liability and Excess
Umbrella insurance policies and sent a copy of the endorsements to those policies;

2. University may inspect such polices at all times;

3. Organization will cause such policies to be properly endorsed to provide that the insurance company or
companies will give to University thirty (30) days written notice of termination, alteration, or change therein;

4. Organization will cause the insurance company or companies to furnish University with certificate(s) of
insurance to be delivered to University prior to the execution of this Agreement, Organization shall be liable
to the University for the consequences of Organization's delay in obtaining the required insurance policies
and coverages. Each insurance certificate must state that the insurance carrier is required to give
Organization thirty (30) days prior written notice of cancellation or material change which reduces or
restricts the coverages or liability limits of any insurance policy. Organization's insurance certificate(s) shall

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 also include “Wesleyan University, its officers, agents, servants and/or employees” as an Additional
Insured in a conspicuous location.

5. Organization shall submit for review by University upon University’s request, copies of the original insurance
policies, all endorsements, attachments and certificates of insurance. If Organization fails to maintain such
insurance or deliver said certificates or policies, University may terminate this Agreement upon not less
than thirty (30) days written notice unless Organization corrects the deficiency within thirty (30) days.

6. The Commercial General Liability, Comprehensive Motor Vehicle Liability and Excess Umbrella insurance
policies required in this paragraph shall state that such policies are primary and non-contributory with any
insurance maintained by Wesleyan University.

7. The Workers’ Compensation policy required in this paragraph shall contain an endorsement waiving any
and all subrogation rights and any rights to bring any and all Intervening Complaints in any third party
actions as to the University, its officers, agents, servants and/or employees.

aa – University may require increased general liability coverage and/or other insurance coverage for select projects,
including but not limited to environmental projects.