CLARKSON UNIVERSITY
INDOOR RECREATION CENTER USE AGREEMENT
This agreement will establish a contract by Clarkson University (owner or CU) to___________
_______________________(purchaser) for use of the Indoor Recreation Center (IRC) and at
Clarkson University (henceforth known as CU).

CU grants to the purchaser the rights to use the IRC and Pool at the following date and time
____________________. The times for entry into and vacating CU’s facilities are of the essence
of this Agreement in light of other uses scheduled for the families before and after Purchaser’s
event(s). Purchaser shall be responsible to conduct at the facility. Owner shall retain full access
to the entire facility throughout the length of the contract. Purchaser may use the parking facilities
of CU near the IRC.

CU shall maintain sole control of and be responsible for the operation of all heating, ventilation,
air conditioner and other mechanical and electrical systems of the IRC.

The IRC fee for the profit/nonprofit group is ____________________________________. This
fee includes the $375.00 facility fee for use of all Alumni Gym as well as $500.00 facility fee for 2
day use of the IRC. Purchaser shall pay these fees to CU no later than two weeks prior to
commencement of use of the IRC. All additional charges billed by CU after the use of the IRC
facility are due 15 days after the receipt of the bill. If Purchaser elects not to use the IRC facility,
Purchaser shall notify the Assistant to the Athletic Director at least two weeks prior to the first
scheduled use, and if so notified, Purchaser shall incur no charges and any amount paid will be
refunded without interest. Except as set forth in the preceding sentence, amounts paid by
Purchaser to CU for use of the IRC facility are nonrefundable.

CU will retain the right to waive a portion or total of the IRC fee for certain local or special needs
groups. If there are any changes by Purchaser to the Purchaser’s clientele, the fee will be
assessed.

Unless otherwise agreed in writing, CU retains all concessions and other rights and privileges not
expressly granted by this agreement.

Notwithstanding the availability and policy limits of any insurance, the Purchaser shall defend with
competent counsel, indemnify and hold harmless CU and CU’s trustees, directors, officers,
agents and employees, from and against all claims, damage actions, suits and proceedings
(whether civil, criminal or administrative), and all liability, loss, expense (including reasonable
attorney’s fees), costs or damages, arising out of Purchaser’s use of CU’s facilities pursuant to
the Agreement, except if caused solely and directly by the intentional or negligent act or omission
of CU or any of its trustee, directors, officers, agents or employees.

Purchaser shall obtain or arrange for all rights, licenses, consents, waivers, and approvals
necessary in order to avoid infringement on the rights of others in connection with the activities to
be performed or arranged by it at CU’s facilities (including but not limited to the written consent of
any person for the use of a name of likeness pursuant to the New York Civil Rights Law).

Purchaser shall secure and maintain:
1. Comprehensive general liability insurance with a combined single limit of $1,000,000 for bodily
injury, personal injury and property damage, written on an “occurrence” basis
2. Automobile liability insurance with a combined single limit of $1,000,000 for bodily injury and
property damage, written on an “occurrence basis” and;
3. Evidence of New York State statutory Workers’ Compensation and Disability benefit coverage.
Purchaser shall provide to CU at least two weeks prior to the commencement of the date of
use, insurance certificates evidencing this insurance; such as certificates to state that the
insurance will not be changed or modified prior to the expiration of the term of this agreement
and most importantly, CU is to be named as an additional insured stating that Purchaser’s
insurance shall be primary over any other contributing coverage except worker’s
compensation and employer’s libility.

If CU is unable to provide the facility by reasons of sickness, accident, death, strikes, labor
disputes, illegality, an energy crises or a government directive relating to an energy crises, or Act
of God, or any other event(s) outside the control of CU, then CU may terminate this agreement,
refund the Purchaser all fees paid and upon such refunds, owner shall have no further liability to
Purchaser under this agreement.

Purchaser is required to adhere to all University policies, regulations and guidelines and all local,
state and federal laws including health, safety and public order, e.g.
All individuals will abide by New York State Law, Federal Law, local laws and University
regulations regarding alcohol, narcotics and drugs.
Firearms, weapons, ammunition, fireworks, explosives and highly flammable materials are
not allowed.

At the expiration of the term of this agreement, Purchaser shall deliver to owner the IRC facility in
the condition existing at the commencement of the term, subject to reasonable wear and tear.
Purchaser will be charged for any and all costs associated with returning the IRC facility to its
existing condition. Purchaser shall vacate and cause other persons to vacate the IRC facility at
the expiration of the term.

The parties agree to be independent contractors. Neither party shall have, or hold itself out as
having, the power or authority to bind or create liability for the other by its intentional or negligent
act or omission.

Purchaser may not assign, sub-contract or otherwise transfer any of its rights under this
agreement.

The provisions set forth in this agreement constitute the entire and complete agreement between
the parties.

The laws of the State of New York shall govern this agreement. CU is an equal opportunity
institution and subscribes to all requirements of Federal Law not to discriminate with respect to
students, employees, applicants, or University programs on the basis of sex, race, color, national
origin, religion, age, physical or mental challenges, sexual orientation or veteran status.
The parties have executed this agreement on ___________________________.
FOR
CLARKSON UNIVERSITY
BY
___________________________
(type name)
BY
(Signature)
DATE
___ ______________________
(type name)
Signature
DATE