The Paper Sword

I've mentioned before that my personal mission statement comes out of the instruction of Nehemiah to "take up the sword and the trowel." The trowel is the instrument that is used to build the wall, the sword is the instrument used to guard the wall. The wisdom of this instruction is in the recognition that it is futile to spend all our efforts at building something, if we do not guard it to prevent it from being torn down.

The same could be said of our work at building our ministries. How many times have we watched some gifted minister accomplish great things, only to have it all be torn down through some foolish mistake. Clearly we have many adversaries that wants to destroy our work. Obviously we think immediately of the impact of a moral failure, or inability to handle people, or a blunderous personnel decision. Certainly these failures have the potential to destroy the church. But innocent oversights can have an impact too-failure to pay attention to legal or business matters can have tragic consequences.

One such iceberg involves liability insurance: Recently one of our churches opened their facility to another organization for their use as a community service. I encourage pastors to do this--it is a great way to serve the community and to meet people that might not otherwise come to church. I have done this myself dozens of times. Unfortunately in this instance an individual tripped and fell, breaking a hip. And now the person is sueing the church and the district (it was a district affiliated church) despite the fact that it was another organization that hosted and supervised the event! Unfortunately the other organization had not given the church a written agreement to hold harmless the church and the district, nor did they obtain a certificate of insurance naming the church and the district as additionally insured.

It probably never occurred to the pastor to ask for this--who thinks about such things? But we all need to learn from this incident and remember to obtain this legal safeguard. When Nehemiah encouraged his workers to take up a sword, their sword was made of steel, however nowadays the sword that protects us is often made of paper. We need to remember that these pieces of paper are important! They are swords to protect the church!

If you have any specific questions about this particular issue, please call my office, or Leanna Sheley our Properties Administrator, or your insurance agent.

Northern California and Nevada District Council

District Affiliated Churches Facility Use Policy

District Affiliate churches are welcome to provide facilities for non-profit groups; Religious and Community Service groups

On-Going or Lease Agreements:

1 – Must submit a request to the Assistant Superintendent for required approvals.

2 – DA church will be required to obtain the following:

a) Copy of tenants 501(c)(3) status (non-profit).

b) Tenant to provide a certificate of insurance naming the church and the District as additionally insured (tenant will need to obtain this document through their insurance agent.)

3 – Hold Harmless Agreement (sample provided)

4 – If a long term lease; a properly signed lease agreement provided by the District Properties Administrator.

Short Term use by Organization

1 – Tenant to provide a certificate of insurance naming the church and the District as additionally insured (tenant will need to obtain this document through their insurance agent.)

2 – Hold Harmless Agreement (sample provided)

Short Term use by Private Party(s): (i.e.: weddings, birthdays, funerals, small groups)

1 – Hold Harmless Agreement (sample provided)

2 – Event needs to be supervised by a church leader at all times; set-up, event, and clean-up.

HOLD HARMLESS AGREEMENT

(sample)

This Hold Harmless and Indemnification Agreement ("Agreement") is entered into by and between ____________________, hereinafter "Promisor", and ______________________________, hereinafter "Promisee", on this _____ day of _______, 200__, in (city), (state).

Recitals

Promisor desires to rent Promisee's premises and building, located at (address, city, state), for an event to be held on (date), and at other times as mutually agreed upon between the parties. The intent of this Agreement is to indemnify Promisee from any claims arising from and related to Promisor's use and rental of these premises.

Agreement

FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, Promisor and Promisee agree as follows:

Promisor will indemnify and hold harmless Promisee from any and all claims, actions, and judgments, including all costs of defense and attorney's fees incurred in defending against same, arising from and related to Promisor's use and rental of the premises located at (address, city, state). Promisor's actions include the acts of Promisor's agents and employees.

Promisee shall be entitled, in its reasonable discretion, to settle claims prior to suit or judgment, and in such event Promisor shall indemnify and hold harmless Promisee for any such claims paid, including Promisee's reasonable attorney's fees incurred resulting from such claim.

In the event any claim or suit is brought against Promisee within the scope of this Agreement, Promisor shall pay for legal counsel chosen by Promisee to defend against same.

In the event either party files suit in a court of law to interpret or to enforce the terms of this Agreement, the party prevailing in such action shall be entitled, in addition to any legal fees incurred in defending against any third party claim, to its reasonable legal fees and costs incurred in such action to interpret or to enforce the terms of this Agreement.

This Agreement shall be interpreted under the laws of the state of (state).

(Name of Promisor) __________________________

(Name of Promisee) ___________________________

Lease Agreement

(sample)

(Coming Soon)

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