51-1-53. Recreational joint-use agreements.

As used in this Code section, the term:#

1. (1)

   ‘‘Facilities’’ means a school’s buildings, fixtures, and equipment, including, but not limited to, classrooms, libraries, rooms and space for physical education, space for fine arts, restrooms, specialized laboratories, cafeterias, media centers, building equipment, building fixtures, furnishings, gardens, tracks, stadiums, and other facilities or portions of facilities used primarily for athletic competition.#

2. (2)

   ‘‘Recreational joint-use agreement’’ means a written agreement between the governing authority of a school and a private entity authorizing such entity to access the facilities of a school under the governing authority’s jurisdiction for the purposes of conducting or engaging in recreational, physical, or performing arts activity.#

3. (3)

   ‘‘School’’ means any public pre-kindergarten, elementary school, or secondary school.#

A recreational joint-use agreement shall:#

1. (1)

   Set forth the terms and conditions of the use of a facility;#

2. (2)

   Include a hold harmless provision in favor of the governing authority;#

3. (3)

   Be revocable at any time by the governing authority of the school;#

4. (4)

   Require the private entity to maintain and provide proof of a minimum of $1 million in liability insurance coverage applicable to the use of the facilities and effective for the duration of such agreement; and#

5. (5)

   Provide a citation that such agreement shall be governed by this Code section.#

The governing authority of a school that enters into a recreational joint-use agreement which complies with subsection (b) of this Code section shall not be deemed to have waived its sovereign immunity as to damages to persons or property arising out of or resulting from such recreational joint-use agreement.#

Code Section 51-12-33 shall not apply to claims for civil damages arising from the use of a school’s facilities pursuant to a recreational joint-use agreement.#

This Code section shall apply to causes of action arising on or after July 1, 2013.#