Policies & Procedures

Lubrecht Experimental Forest: "LEF"

Bandy Experimental Ranch: "BER"

Terms of Payment

1. Unless otherwise agreed in advance, UM will expect final payment from the users within thirty (30) days of completion of the property use. Final charges will be compiled by UM and billed to the users. A penalty of two percent (2%) per month will be assessed each month on all overdue accounts.
2. In the event of cancellation, users will be billed by UM a percentage of the total facilities rental estimate in the following amounts:
   1. Cancellation before 90 days of reservation start date: 0% cancellation fee
   2. Cancellation between 89 and 60 days: 10% cancellation fee
   3. Cancellation between 59 and 30 days: 20% cancellation fee
   4. Cancellation between 29 and 8 days: 30% cancellation fee
   5. Cancellation less than 7 days: 50% cancellation fee
   6. Cancellation with 24 hours: 100% cancellation fee
   7. Reserved but unused lodging will be billed at 20% of the daily rental rate unless 48 hours’ notice is given
3. If a deposit for the use of LEF/BER is required, it must be received by UM within seven (7) days of signing a Facilities, Recreation or Land Use Agreement in order to secure and process the reservation.
4. In the event of cancellation, UM will retain the deposit in the following amounts:
   1. Cancellation before 180 days: 0% forfeiture
   2. Cancellation between 179 days and 91days: 50%
   3. Cancellation less than 90 days: 100%
5. The deposit will be refunded in full and/or credited to the user’s final invoice within fourteen (14) business days under the following conditions:
   1. No damages are sustained to the Premises
   2. User complied with the Start and End Times of Event as specified in the “Facilities User & Event Information” form, attached and incorporated herein
   3. All of the User’s decorations, signs, objects, and personal property are removed from the Premises by the End Time of Event
   4. The Premises are left in a clean and orderly fashion
6. Users shall be responsible for all federal, state, and local taxes, fees and other charges. An 8% state lodging tax will be applied to all overnight accommodation rental fees, including camping. The State of Montana has the right to change this tax and the users will be responsible for paying the rate of tax that is applicable on the property use date. UM will not be responsible for withholding other said taxes, fees or other charges.
7. Lost or unreturned keys will incur a $50 replacement fee to be added on to the user’s invoice.
8. Users agree to leave LEF/BER in a clean and orderly fashion. A fee of up to $500 may be applied if the property is left in such a way that requires excessive cleaning or repairs to the property that goes above and beyond what is expected from normal use. UM reserves the right to collect compensation from the users to cover the costs of any damages incurred to LEF/BER.

Premises Rules and Regulations

1. Pets are allowed on LEF/BER property. All pets must be under voice control or on a leash at all times. Pets are allowed in the lower camp lodging facilities (i.e. cabins and boxcars) at LEF. Pets are not allowed in the lodge or apartments. Any animal(s) found harassing wildlife (e.g., chasing deer) will be required to be restrained for the remainder of the property use. Noncompliance may result in the animal and owner being required to leave LEF/BER. Users are responsible for the clean-up of pet waste.
2. Bears and other wildlife are in the forest and frequent the LEF Camp Area and BER Headquarters. To prevent wildlife from being attracted to these areas, users must properly store all food, alcohol, and garbage in a vehicle or building immediately following the property use, including all coolers. Leaving food unattended may lead to injuries of others or result in the animal being put down due to the risk of return. Bear resistant dumpsters are provided on site at LEF for garbage disposal. Failure to properly store food and garbage may result in additional charges for clean-up and damages of up to five hundred dollars ($500). Unattended food may be disposed of by UM and noncompliance with safe food storage procedures may result in a cancellation of the property with the user paying the full rental fee.
3. Users agree to park only in designated areas set forth by the UM. Parking on LEF/BER grass or forest floors is prohibited.
4. Cattle grazing is allowed on LEF/BER. Users agree to leave all gates in the open or closed positions that they found them. Noncompliance may result in the termination of the allowed property use and User will be responsible for any costs incurred due to loose cattle.
5. Users agree to set tents and RV/campers only in designated areas set forth by UM.
6. Users must strictly adhere to “Leave No Trace” practices while on LEF/BER.
7. Tacks, screws, nails, or other similar sharp objects are strictly prohibited from being driven into walls, floors, ceilings, doors or tables to hang signs or decorations. Glitter, confetti, mylar, or water balloons are not allowed anywhere on LEF/BER. All decorations are to be cleaned up and removed by the users by the end time of the property use as specified by UM.
8. Any event with over 75 attendees at LEF Camp will be required to provide portable toilets at the user’s expense to be placed on the property at the direction of UM to avoid overuse of the septic systems. UM will specify the number of toilets needed based on event attendance.
9. Forest use on LEF/BER may require the rental of portable toilets to be determined by UM.
10. Any event that uses the LEF Camp may also require a Forest Use Permit and be subject to additional fees, rules, and other regulations set forth by UM.
11. If the user wishes to cut firewood a separate permit for that activity is required.

Rights and Responsibilities of User

1. Users, their agents, employees and invitees shall not: behave in an unsafe, careless, or negligent manner while on UM property; cause any act to be done which will injure or harm any person or persons or which will in any manner mar, deface, or injure any UM property; permit the use or possession of alcohol without a Certificate of Insurance for Liquor Liability, tobacco, smoking devices, or unlawful drugs while on the properties; produce any unusual, noxious or objectionable smoke, gases, vapors, or odors; possess any unlawful or dangerous instrument, device or material; post signs on UM property without prior approval; use UM property for any unlawful, unauthorized, or offensive purpose; take up collections or make solicitations of any kind during the term of the property use.
2. Users shall take all reasonable precautions to prevent and suppress wildland fires. Users will observe and obey all special restrictions imposed by UM and appropriate County and State officials regarding the use of said lands. The cost of suppressing fires caused by negligence or fault of users or their activities shall be borne by the users. Such fires shall include, but not be limited to, those fires resulting from smoking, cooking, campfires, animals or equipment. Fireworks ARE NOT permitted. The LEF Camp has one campfire pit only available for use with the rental of the picnic pavilion and agreement to pay the associated rental fees. Users may not construct any additional pits on the properties.
3. The LEF Camp is a public facility with simultaneous events and groups. Users are required to ensure that event attendees minimize noise, remain only in the facilities rented as specified in the Schedule of Basic Fees and Charges, clean up the property after the event, and are courteous to other patrons.
4. Users must abide by the start and end times for the any event as set forth by UM. Users must remove all of their personal property and vacate LEF/BER no later than the end time set forth by UM.
5. Users will take all reasonable precautions to prevent damage to natural (i.e. vegetation, soil, water), resources within the areas of allowed use. Upon the end of the property use, the user shall reclaim any disturbed areas resulting from the Users activities to the specifications of UM.
6. Unless deemed necessary to provide safe passage along designated routes, users will not cut or remove or allow to be cut or removed any standing trees from LEF/BER without prior permission from UM.
7. Users shall not sell or solicit for sale any merchandise on UM’s property without the prior consent of UM.

Rights and Responsibilities of UM

1. UM reserves the right to remove or cause to be removed from LEF/BER any persons whose conduct is unlawful or disorderly. Neither UM nor its agents or employees shall be liable to user for any damages that may sustained by user through the exercise of such right.
2. UM reserves the right to manage LEF/BER in accordance with its reasonable discretion at all times. Users shall abide by and shall use reasonable efforts to cause all of user’s employees, agents, and event participants to abide by such reasonable rules.
3. Authorized representatives of UM, as well as other State and local agencies, (i.e., game wardens, fire department personnel, law enforcement), shall at all times have the right to enter LEF/BER for official business.
4. UM reserves the right to terminate any LEF/BER reservation, without penalty, and the parties will be excused from the performance of their respective duties and obligations set forth in the rental agreement to the extent that the event is rendered impossible or impracticable by a force majeure event, such as strikes, lockouts, sit-downs, material or labor restrictions by any governmental authority, unusual transportation delays, riots, floods, severe weather events, wildland fires, explosions, acts of the public enemy, wars, insurrections, pandemic, health/safety reasons and/or any other cause not reasonably within the control of UM or the users, or which, by the exercise of due diligence, either UM or the users are unable, wholly or in part, to prevent or overcome.
5. UM does not discriminate nor deny access to LEF/BER to anyone on the basis of race, religion, sex, creed, age, national origin, or political views. UM reserves the right to deny renting the properties to a specific organization or individual based upon UM’s knowledge of such groups or individuals being unreliable, causing damage to other public facilities, or when disruption, damage, theft, or other unfavorable history is recorded from previous use of the properties or other facilities.
6. UM does not provide staff to help with set-up or tear-down of events or research projects. UM staff is under the direction of UM and not the users.

Compliance with Laws, Rules, and Regulations

1. Users shall, and shall use reasonable efforts to cause, its respective employees, agents, contractors, licensees, and guests to comply with all established laws, statutes, ordinances, regulations, and rules of the federal, state, county, city and  local government, and Montana University System laws and policies having jurisdiction over the properties and with any lawful direction or order of public officers related thereto.
2. All Unmanned Aerial Systems (“UAS”) must follow all Federal Aviation Administration (“FAA”) rules and regulations, including appropriate licensing and registration for the planned operations.
3. UM’s Tobacco Free Policy prohibits the use of any tobacco products or vaping on UM property by all students, employees and guests. UM follows the federal Drug-Free Schools and Communities Act and users are subject to all applicable laws and penalties related to use, possession, and distribution of alcohol and other drugs.
4. Users shall comply with the Americans with Disabilities Act of 1990, as amended. Users shall notify UM in advance should the user require services for individuals with disabilities.
5. Users, as well as user’s agents and invitees, shall abide by all of UM’s rules and regulations, and shall comply with the directions of UM security personnel and other officials.
6. Users are required to use LEF/BER responsibly and adhere to fire, safety and health codes, including maximum occupancy regulations.
7. Hunting is permitted on LEF/BER in compliance with all State of Montana rules and regulations, but the Lubrecht Camp Area and Bandy Ranch Headquarters are in a “Safety Zone” and the use of firearms is not permitted. All firearms must be unloaded with both firearms and ammunition securely stored while on LEF/BER. The improper use of firearms will result in an immediate termination of the allowed property use and may result in the proper authorities being notified and legal action taken.

Insurance, Indemnification, & Liability

1. Non-UM or State of Montana agency users may be required to provide general liability insurance listing University of Montana “UM” as additional insured.
2. If required, users shall provide general liability insurance, including bodily injury and property damage in the amounts not less than one million ($1,000,000) dollars per claim and two million ($2,000,000) dollars per occurrence and name UM as additional insured. A certificate evidencing such insurance must be submitted to UM at least fourteen (14) days prior to the property use date. Users shall provide that the policy shall not be terminated, canceled, or materially altered for any reason without at least fifteen (15) days prior written notice to UM. No use pursuant to this license is allowed until a copy of the insurance certificate has been submitted to UM.
3. If alcoholic beverages are sold or consumed in conjunction with user’s rental of the property, users must also provide a Certificate of Insurance for Liquor Liability at least fourteen (14) days prior to the property use date. Failure to provide Liquor Liability coverage in advance of the property use date will result in cancellation of the user’s reservation and the user’s forfeiture of any deposit. The sale of alcoholic beverages is prohibited unless by a licensed vendor. It is the responsibility of the users to monitor the event attendees for excessive consumption and to ensure that only those of legal age are being served. The possession of alcohol by anyone under the age of 21 is illegal.
4. If the users shall sponsor athletic events or activities, the insurance certificate shall further provide that the liability coverage does not contain any exclusion for the insured’s negligence in causing injury to athletic participants.
5. Users shall defend, indemnify and hold harmless UM, its trustees, officers, employees, agents, successors and assigns, to the fullest extent permitted by law, from any and all claims, suits, demands, actions, liabilities, expenses or losses whatsoever including, but not limited to, claims for property damage, personal injury and death, which relate in any manner whatsoever, directly or indirectly, to the users use and occupancy of the properties. Said indemnity includes, but is not limited to, costs and legal fees incurred by UM in defense of any such claim, suit, demand, action, liability, expense or loss.
6. Users understand that when they use LEF/BER for recreational purposes, they do so without assurance from the UM that LEF/BER is safe for any purpose. Users further understand that UM owes the user no duty of care with respect to the condition of LEF/BER. Recreational uses include, but are not limited to, the following: hunting, fishing, swimming, boating, waterskiing, camping, picnicking, pleasure driving, biking, winter sports, horseback riding, hiking, and flying private, noncommercial aircraft.
7. Users shall be liable for and reimburse UM for the cost of restoring, repairing or replacing any damage to UM grounds, buildings, equipment or other property arising out of or related to the user’s activities at LEF/BER.
8. Any costs incurred by the UM due to damage or the need for cleaning, attributable to users, shall be deducted and withheld from the deposit or added on to the user’s final invoice. In the event damages/and or clean-up costs are incurred and exceed the amount of the deposit or final rental fee invoice total, users shall reimburse UM within five (5) business days after receiving an itemized invoice. UM shall be the sole judge as to the condition of LEF/BER.
9. Users shall provide UM with proof of adequate Workers’ Compensation and Disability coverage for user’s employees.

Responsibility for Property

1. Users understand that UM is not responsible for any loss or damages sustained to user’s equipment, supplies or property, except to the extent that such loss is due to the sole negligence of the UM. Users assume all responsibility for user’s personal property utilized during the property use and is responsible for retrieving and removing all personal property by the end time of the property use as specified by UM.
2. UM is not responsible for any loss, damage, injury (including personal injury or death), and/or claim suffered by the users, including event attendees, resulting from users use of the properties except as caused by UM’s own gross negligence or willful misconduct.
3. If UM or its agents receive or handle on behalf of the users any property delivered to UM or placed in its custody either prior, during or subsequent to the terms of this property use reservation, UM and its agents and employees shall not be liable for any loss, damage, or injury to such property.
4. Users will be required to set up, install, and remove its own equipment and property at its own expense. UM will not be liable for user’s property or equipment while on the properties or while in transit to and from LEF/BER.
5. UM is not responsible for damage, vandalism or theft to the property of the user, its employees, agents, participants or guests including, but not limited to, damage, vandalism or theft in facilities or to automobiles and their contents.

Affiliation & Use of UM Servicemarks and Trademark

1. UM and the users shall not be associated or affiliated in any way. The users shall not use UM’s name, insignia, logo, picture, or any other material that might create the impression of an association or affiliation without the prior written consent of UM. If such consent is given, UM shall have the right to review all material produced for or by the users which uses UM’s name, insignia, logo, picture, or which creates the impression of an association or affiliation.
2. Users may not use UM’s name or any of its logos on any mailings, brochures, social media, programs, advertising or promotional sales or literature, or any other publicity without the express, written approval of UM.