Clarkson University ADIRONDACK LODGE USE AGREEMENT This agreement will establish a contract by Clarkson University (owner) to ________________ (Purchaser) for use of the ADIRONDACK OUTDOOR LODGE at Clarkson University (henceforth known as CU). CU grants to the Purchaser the rights to use the ADIRONDACK OUTDOOR LODGE the following date ____________________________________________________________________. 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 ADIRONDACK OUTDOOR LODGE. 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 ADIRONDACK OUTDOOR LODGE. The ADIRONDACK OUTDOOR LODGE fee for a profit/nonprofit group is ____________________. Purchaser shall pay this fee to CU no later than two weeks prior to commencement of use of the ADIRONDACK OUTDOOR LODGE. All additional charges billed by CU after the use of the ADIRONDACK OUTDOOR LODGE facility are due 15 days after the receipt of the bill. If Purchaser elects not to use the ADIRONDACK OUTDOOR LODGE facility, Purchaser shall notify Ruth LaCombe at least two weeks prior to the first scheduled use, and, if so notified, Purchaser shall incur not 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 us of the ADIRONDACK OUTDOOR LODGE are nonrefundable. CU will retain the right to waive a portion or total of the ADIRONDACK OUTDOOR LODGE 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 trustees, 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 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 ADIRONDACK OUTDOOR LODGE 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 ADIRONDACK OUTDOOR LODGE facility to its existing condition. Purchaser shall vacate and cause other persons to vacate the ADIRONDACK OUTDOOR LODGE 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 Mick Maguire BY ___ ______________________ Director of Recreation & Intramurals ___ (Signature) DATE ______________ (Signature) ___ DATE