CLARKSON UNIVERSITY
ALUMNI GYM & FIELD HOUSE
Use Agreement
This agreement will establish a contract by Clarkson University (owner or CU) to _____________
(Purchaser) for use of the Alumni Gymnasium and Indoor Recreation Center Fieldhouse (IRC) at
CU’s campus in Potsdam, New York. .

CU grants to the purchaser the rights to use the CU Alumni Gym/IRC 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 facilities before and after Purchaser’s event(s). Purchaser shall be
responsible for 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
Fieldhouse facility, Alumni Gym and adjacent parking in the Cheel Campus parking lot.

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 Alumni Gym/IRC.

The Alumni Gym/IRC fee for a profit/non-profit 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 this fee to CU no later than two weeks prior to
commencement of use of the Alumni Gym/IRC. All additional charges billed by CU after the use
of the Alumni Gym/IRC facility are due 15 days after the receipt of the bill. If Purchaser elects not
to use the Alumni Gym/IRC facility, Purchaser shall notify 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 Alumni Gym/IRC facility are
nonrefundable.

CU will retain the right to waive a portion or total of the Alumni Gym/IRC fee for certain local or
special needs groups. If there are any charges 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, demands, 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 or 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 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 liability.

If CU is unable to provide the facility by reason 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 reasonable 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 Alumni
Gym/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
Alumni Gym/IRC facility to its existing condition. Purchaser shall vacate and cause other persons
to vacate the Alumni Gym/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 applicable 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 Friday, October 27, 2006.
FOR
CLARKSON UNIVERSITY
BY
Mick Maguire________
BY ______________ __________
(Signature)
DATE
(Signature)
DATE