Facilities and equipment use agreement

Example template

This sample agreement is provided for information only. If you would like to obtain a copy of an agreement for redlining or customizing to fit your specific needs, please contact NCAR.

This Facilities and Equipment Use Agreement (“Agreement”) is entered into effective as of the date of execution by the last signing Party (the “Effective Date”), by and between the Board of Regents of the Nevada System of Higher Education, on behalf of the University of Nevada, Reno, Nevada Center for Applied Research (“NCAR”) and ___ (“Client”). NCAR and Client (each a “Party,” and collectively the “Parties”) agree as follows:

1. Point of contact, address and phone number.
   For Client:
   
   For NCAR:
   Rebecca Albion
   Shared Research Facilities Coordinator
   Nevada Center for Applied Research
   1664 N. Virginia St, MS 0525
   Reno, NV 89557
   (775) 784-4781
2. Limited License Granted. Subject to the terms and conditions of this Agreement, during the Term only, and solely for the Authorized Purpose, NCAR grants Client a non-exclusive, revocable, non-transferable license to:
   1. enter and make use of ___, a facility managed by NCAR (the “Facility”); and
   2. use the following equipment and/or instruments located within the Facility (collectively, the “Equipment/Instruments”): ___.
   
   Access to the Facility and use of the Equipment/Instruments shall be limited to the hours of __ to __.
3. Authorized Purpose. Client shall access and use the Facility and Equipment/Instruments solely for the following purpose (collectively, the “Authorized Purpose”): __.
   
   Client shall not use the Facility or Equipment/Instruments for any purpose other than the Authorized Purpose.
   
   Notwithstanding the foregoing description of the Authorized Purpose, Client expressly represents and warrants that neither Client nor any Authorized Employee will conduct research regarding any controlled substance, including without limitation marijuana or any other THC containing substance, while utilizing the Facility or the Equipment/Instruments. Client makes this representation and warranty as a material inducement to NCAR to enter into this Agreement.
   
   Moreover, and notwithstanding anything contained herein to the contrary, Client shall not conduct or at any time knowingly permit its employees, agents, or visitors to conduct activity in, on or at property owned by the University of Nevada, Reno, nor use the Facility or Equipment/Instruments in any manner that is unlawful or in violation of any University Policy, federal, state, or local statute, code, or regulation. As used herein, “University Policy” means any written policy, procedure, or guideline of the University of Nevada, Reno, or Nevada System of Higher Education, existing at the time of the conduct in question, including without limitation, any policy, procedure, or guideline regarding environmental health and safety, hazardous or regulated materials, research compliance, human subjects, laboratory animal care and use, export controls, discrimination, sexual harassment, child protection, security, safety, noise, alcohol and drug free workplace, or use of hidden cameras.
4. Authorized Employees. Access to the Facility and use of the Equipment/Instruments shall be limited to the following Client employees (“Authorized Employees”): ___.
   
   Authorized Employees shall (i) undergo the training listed in Exhibit A before accessing the Facility or using the Equipment/Instruments, (ii) adhere to the Code of Conduct and Rules and Regulations attached as Exhibit B, and (iii) if this box is checked (checkbox), provide NCAR with a signed waiver of liability in the form attached as Exhibit C before accessing the Facility or using the Equipment/Instruments.
5. Scheduling Conflicts. Client shall consult with NCAR regarding scheduling to avoid conflicts in the use of the Facility or Equipment/Instruments. In the event of an unavoidable conflict, University of Nevada, Reno uses related to research, teaching, and education shall take precedence. Notwithstanding anything contained herein to the contrary, Client shall permit NCAR or its authorized agents access to the Facility and Equipment/Instruments at all reasonable times for the purpose of inspecting the same, assessing Client’s compliance with the terms and conditions of this Agreement, or making repairs to or maintaining the Facility and Equipment/Instruments.
6. Term. Unless terminated earlier as provided for herein, the limited license granted in Section 2 shall commence on __ and continue for __ days (the “Term”). In no event shall the Term exceed one (1) year.
7. Payment.
   Client shall pay NCAR the flat fee of $ __ for access to and use of the Facility and the Equipment/Instruments. Client shall pay NCAR fifty percent (50%) of the forgoing fee upon execution of this Agreement. The remaining fifty percent (50%) shall be due not later than ten (10) days prior to the projected termination date of the Facility use. Make checks payable to “Board of Regents” and send to NCAR at the address listed above.
   
   OR [if payment will be monthly fee delete above language and replace with]
   
   Client shall pay NCAR a monthly fee of $ __ (the “Use Fee”) for access to and use of the Facility and the Equipment/Instruments. The Use Fee shall be paid to NCAR in advance by the 1st day of each month of the Term of the Agreement, without notice, offset, or demand. Any amounts that remain unpaid after the tenth (10th) day after such payment becomes due shall be subject to a late charge equal to ten percent (10%) of such payment which remains due but unpaid. In addition, any payment that is not paid by the tenth (10th) day after such payment is due shall bear interest at the rate of twelve percent (12%) per annum. Any payment made by Client to NCAR may be credited by NCAR to the payment of any Use Fee (including late charge or interest) then past due before being credited to any Use Fee currently falling due. Make checks payable to “Board of Regents” and send to NCAR at the address listed above.
8. Terminate.
   1. Either Party may terminate this Agreement for convenience and without cause at any time upon giving at least seven (7) days’ prior written notice to the other Party.
   2. In the event that either Party commits any breach of or default in any of the terms or conditions of this Agreement, and also fails to remedy such default or breach within thirty (30) days after receipt of written notice thereof from the other Party, the Party giving notice may, at its option and in addition to any other remedies which it may have at law or in equity, terminate this Agreement by sending written notice of termination to the breaching Party, and such termination shall be effective as of the date of the receipt of such notice.
   3. In the event no funds or insufficient funds are appropriated and budgeted or are otherwise available to NCAR in any fiscal period for obligations due from NCAR under this Agreement, including but not limited to maintaining the Facility and/or Equipment/Instruments, then this Agreement shall terminate on the last day of the fiscal period for which appropriations were received, without penalty, charge, or expense to NCAR of any kind whatsoever. NCAR agrees to provide written notice to Client of this eventuality, should it occur.
   4. Upon termination of this Agreement for any reason, Client shall surrender the Facility and Equipment/Instruments to NCAR in good, clean, and safe condition, and promptly pay NCAR any outstanding fees owed for use of the Facility and Equipment/Instruments up to and including the effective date of the termination. If Client has prepaid for use of the Facility and Equipment/Instruments, which use was to take place after the effective date of the termination, NCAR shall promptly refund any such excess fees to Client on a pro-rata basis, subtracting first any Client obligations for clean-up, damage repair and/or replacement, and any other liabilities under this Agreement.
9. Client Liable for Damages. Client shall reimburse NCAR for any damage, clean-up, or waste related expenses incurred by NCAR, including but not limited to disposal, shipping, damages, equipment repair and/or replacement, and all other costs and penalties, resulting from Client’s use of the Facility and/or Equipment/Instruments.
10. Insurance. NCAR agrees to maintain all risk property insurance on the Facility and the Equipment/Instruments. Client shall pay to NCAR the full deductible in the event that Client causes damage to NCAR property for which a property claim is accepted by NCAR’s self-funded property insurance fund. Client shall, at its sole cost, procure and maintain commercial general liability insurance at all times during the Term. Such insurance shall have a minimum combined single limit of liability of at least One Million Dollars ($1,000,000) per occurrence and a general aggregate limit of at least Two Million Dollars ($2,000,000). Such policy shall be written to apply to all bodily injury, property damage, and personal injury losses, and shall be endorsed to include the “Board of Regents of the Nevada System of Higher Education on behalf of the University of Nevada, Reno” as additional insured on the policy. Such liability insurance shall be written as a primary policy, not excess or contributing with or secondary to any other insurance as may be available to NCAR. Client shall also maintain workers compensation insurance required pursuant to NRS Chapter 616 for its employees. Client’s liability and workers compensation insurance policies shall provide for waiver of subrogation against NCAR. A certificate of insurance evidencing the insurance required under this Section shall be delivered to NCAR prior to the commencement of activities. No such policy shall be subject to cancellation or modification without thirty (30) days’ prior written notice to NCAR.
11. Indemnification. Client shall indemnify, defend (with counsel of NCAR’s choosing), and hold harmless NCAR and its respective regents, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, injury to person or property, liabilities, penalties, fines, lawsuits, judgments, and expenses (including without limitation reasonable legal fees and costs) of any kind or amount whatsoever, which directly or indirectly result from or arise out of any act or omission of Client, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. Client’s indemnity obligations under this Section shall survive the termination of this Agreement
12. Waiver of Consequential Damages. Notwithstanding anything to the contrary contained in this Agreement, and to the maximum extent permitted by law, in no event will NCAR be responsible or liable to Client for any incidental damages, consequential damages, exemplary damages of any kind, lost goodwill, lost profits, lost business, and/or any indirect economic damages whatsoever regardless of whether such damages arise from claims based upon contract, negligence, tort (including strict liability or other legal theory), or a breach of any covenant (express or implied) of this Agreement, and regardless of whether NCAR was advised or had reason to know of the possibility of incurring such damages in advance.
13. No NCAR Representations or Warranties. NCAR MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, REGARDING THE FACILITY AND/OR EQUIPMENT/INSTRUMENTS OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, AND HEREBY EXCLUDES AND DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE FACILITY AND/OR EQUIPMENT/INSTRUMENTS ARE PROVIDED “AS IS.” CLIENT AND ITS AUTHORIZED EMPLOYEES USE THE FACILITY AND/OR EQUIPMENT/INSTRUMENTS AT THEIR OWN RISK.
14. Client Property. Client agrees that all property of any kind owned by or in the possession, use, care, custody, or control of Client and brought to the Facility, may remain at the Facility during the Term at the sole risk and hazard of Client. NCAR makes no representations or warranties with respect to the security of any shared storage or locker space located at the Facility, if any. Client understands and agrees that it is solely responsible for properly monitoring and labelling anything that its Authorized Employees bring into the Facility and NCAR is not responsible for any lost, damaged, or stolen property. Client waives all rights of action of any sort for damage to or loss of any said property, however such damage or loss may arise, and from whatever manner or cause.
15. Intellectual Property. The Parties retain ownership of any intellectual property created prior to the Effective Date, and no license to such is implied. In the event that new intellectual property is created during the term of this Agreement, ownership of such intellectual property shall follow inventorship or authorship. Intellectual property created solely by Client shall be owned by Client. Intellectual property created solely by NCAR personnel shall be owned by NCAR. Intellectual property created by both Client and NCAR personnel shall be jointly owned, and the Parties shall negotiate in good faith the management and disposition of such intellectual property.
16. Proprietary Data. Except as otherwise required by law, including but not limited to pursuant to a valid court order or as required under the Nevada Public Records Act, NCAR will exercise reasonable efforts to maintain in confidence proprietary information Client discloses or submits to NCAR that is designated in writing as confidential information at the time of disclosure ("Confidential Information"). Notwithstanding any contrary designation by Client, Confidential Information does not include information:
    • generally known or otherwise available in the public domain through no act of NCAR;
    • already owned or possessed by NCAR at the time of Client’s disclosure;
    • independently discovered or developed by NCAR;
    • lawfully obtained by NCAR from a third party without any obligation of confidentiality; or
    • approved for release upon Client’s prior written consent.
    NCAR retains the right to refuse to accept any such information which is not considered to be essential to the completion of the Services. NCAR’s obligations under this Section shall survive and continue for one (1) year after this Agreement ends.
17. Export Controls. Client further expressly acknowledges that:
    1. Client shall comply with all applicable United States and foreign laws and regulations controlling the export of technical data, computer software, laboratory prototypes, and all other export controlled commodities;
    2. Client accepts full responsibility for ensuring appropriate controls, including the implementation of effective technology control plans as applicable, with respect to the work it undertakes in connection with this Agreement that is subject to U.S. export control laws, including, but not limited to, the International Traffic in Arms Regulations and the Export Administration Regulations;
    3. NCAR Services, work, materials, equipment, or facilities utilized in the fulfillment of this Agreement will not be used for a purpose prohibited by applicable export control laws, including those related to nuclear, chemical, or biological weapons proliferation, and missile technology;
    4. Client shall not, directly or indirectly, re-export any controlled commodities to which it gains access under this Agreement, unless the required authorization and/or license is obtained from the proper government agency(ies) prior to export;
    5. Client shall not provide NCAR with any export-controlled items (e.g., commodities, software, information, or technology) without sufficient prior written notice and information, including Export Controlled Classification Numbers (ECCNs) for EAR-controlled items, U.S. Munitions List (USML) categories if ITAR-controlled, or other relevant identifying information. In the event its necessary to disclose technical data that are regulated under export controls, Client shall clearly mark such data as “Export Controlled;”
    6. Client shall guarantee that its research under this Agreement will not include the participation, at any level, of companies and/or persons on the Denied Persons List; the Unverified List; the Entity List; the Specially Designated Nationals List; the Debarred List; or the Nonproliferations Sanctions List; and
    7. Without limiting to the indemnification requirements contained in Section 11, Client shall indemnify, defend (with counsel of NCAR’s choosing), and hold harmless NCAR and its respective regents, officers, agents, employees, and permitted successors and assigns from and against any and all claims, losses, damages, injury to person or property, liabilities, penalties, fines, lawsuits, judgments, and expenses (including without limitation reasonable legal fees and costs) of any kind or amount whatsoever, which directly or indirectly result from or arise out of Client’s violation of ITAR, EAR, and/or any other export control regulation mandated by federal law. Client’s indemnity obligations under this Section shall survive the termination of this Agreement.
18. Publicity. Neither Party shall use the name of the other, or that of any of its regents, trustees, officers, faculty, students, employees, or agents, or any trademark owned by the other in any advertising or other form of publicity without the advanced written permission of the other Party. Notwithstanding the foregoing, NCAR may disclose the existence of this Agreement in a press release, on-line, or otherwise, throughout the life of this Agreement with Client’s prior written approval, which shall not to be unreasonably withheld. Further, the Parties agree to cooperate with each other in preparing, reviewing, and approving such disclosures, either Party’s approval for each disclosure not to be unreasonably withheld.
19. Force Majeure. If either Party is delayed or prevented from the performance of any act required hereunder (excluding Client’s payment obligations) by reason of strikes, failure of public transportation, civil or military authority, inability to procure materials, governmental restrictions, governmental regulations, governmental controls, act of public enemy, pandemics, epidemics or other outbreaks of diseases or other infections, accidents, fires, explosions, or acts of God, including, without limitation, earthquakes, floods, winds, or storms, or other similar cause without the fault and beyond the control of the Party obligated, performance of such act shall be excused for the period of delay.
20. No Waiver. Failure to declare a breach or the actual waiver of any particular breach of the Agreement or its material or nonmaterial terms by either Party shall not operate as a waiver by such Party of any of its rights or remedies as to any other breach.
21. Choice of Law; Venue. This Agreement is subject to and shall be interpreted in accordance with the laws of the State of Nevada. The Parties consent to the personal jurisdiction of any state or federal court of competent jurisdiction located in Washoe County, Nevada, and to the service of process by any means authorized by any such state or federal court or under the laws of the State of Nevada. Venue for any legal dispute hereunder shall be Washoe County, Nevada.
22. Reservation. Nothing contained this Agreement shall be construed to waive or limit NCAR’s defense of sovereign immunity, which defense is hereby expressly reserved, nor to waive or limit the protections afforded to NCAR under NRS 41.0305 to 41.309, inclusive.
23. Severance. The provisions hereof are severable, and if any provision contained in this Agreement is held to be unenforceable by any court of competent jurisdiction, this Agreement shall be construed as if such provision did not exist and the non-enforceability of such provision shall not be held to render any other provision(s) of this Agreement unenforceable.
24. Assignment. This Agreement shall be binding upon and inure solely to the benefit of the Parties, and shall not be assignable by either Party without the prior written consent of the other Party. Any assignment made in violation of this Section shall be void.
25. No Partnership. Nothing in this Agreement shall be deemed in any way to create between the Parties any relationship of partnership, joint venture, or association, and the Parties hereby disclaim the existence of any such relationship. The Parties agree that Client, its agents and employees are not agents or employees of NCAR. Client shall be solely responsible for the actions and omissions of its agents and employees using the Facility and/or Equipment/Instrument.
26. Exhibits; Order of Precedence. Any exhibits referred to herein are made a part of this Agreement by reference; however, in the event of a conflict between the terms of such exhibit or any other document incorporated herein and the terms of this Agreement, the terms of this Agreement shall govern.
27. Entire Agreement. This Agreement, including any incorporated exhibits, contains the entire agreement between Client and NCAR regarding the subject matter hereof. This Agreement supersedes any prior agreements, understandings or negotiations, whether written or oral. This Agreement may be amended only through a written document executed by all Parties. Without limiting the forgoing, no terms, provisions, or conditions of any purchase order issued by Client will have any effect on the Parties’ obligations under, or otherwise modify, this Agreement.
28. Counterparts/Electronic Signatures. This Agreement may be executed in any number of counterparts and such counterparts may be combined to establish a fully executed document. In addition, an electronic signature shall be valid for all purposes.
29. Effectiveness. This Agreement shall not become effective or in force until all of the below-named Parties have fully executed this Agreement as indicated by their signatures.

For Client:

(Name, title and date required)

For NCAR:

Board of Regents of the Nevada System of Higher Education, on behalf of the University of Nevada, Reno, Nevada Center for Applied Research

(Signature of Carlos Cardillo, Director, NCAR, and date required)
(Signature of Charlene Hart, Assoc. VP, Research Admin., and date required)

Exhibit A

Please be advised that training and services provided by EH&S are subject to change at EH&S discretion.

Due to the nature of the Scope of Work, EH&S may require the development of Standard Operating Procedures (SOPs) at Client’s expense.

I hereby certify that I have read and agree to follow all UNR EH&S Programs, as applicable. This includes: Chemical Hygiene Plan, Biosafety Plan, etc. All are located on http://www.unr.edu/ehs.

For Client:

(Name, title and date required)

EXHIBIT B

Code of Conduct, Rules and Regulations to for Users of NCAR Shared Research Facilities.

1. To preserve the professional atmosphere and collaborative use of the shared research facility identified in this Agreement (the “Lab”), all individuals using the Lab and all of their respective employees, agents, guests, invitees, clients, visitors, and associates (collectively, “Users”), shall act in accordance with these Rules of Conduct (the “Rules”), and all relevant federal, state and local laws and regulations. NCAR may modify the Rules by providing updated or additional Rules.
2. The Lab is designed to provide a professional, safe, comfortable and sound appropriate, state-of-the-art environment for businesses and individuals to work, collaborate, and innovate.
3. Users are responsible for any damage they cause to the Lab or its equipment and materials.
4. Controlled substance and tobacco possession or use is prohibited. No food or drinks are allowed inside the Lab.
5. Users have non-exclusive use of the Lab’s designated common areas during agreed usage hours.
6. Lab personnel may enter any area for emergency purposes, repair, inspection, cleaning or maintenance.
7. Users shall not use, display, or reproduce the name of the Lab, NCAR, or the University of Nevada, Reno or any of their logos without the prior written consent of:
   
   Kerri Garcia Hendricks, Executive Director
   Office of Marketing and Communications
   Continuing Education Building #206A
   University of Nevada, Reno 89557-0208
   O: (775) 784-1880
   E: kerrig@unr.edu
   or the designee of the Executive Director, Office of Marketing and Communications at the University of Nevada, Reno.
8. Users shall comply with the Lab’s policies and procedures for any Lab related services.
9. Users must keep their space(s), including benches, clean. Personal microwaves and refrigerators are not permitted except in the case of tenant leased office space. The Lab’s cold storage is not intended for storage of food or drink for human consumption and NCAR reserves the right to dispose of any of these items in the Lab’s cold storage. Users shall place garbage in the nearest designated receptacle.
10. Users shall at all times while using the Lab observe and comply with all applicable University of Nevada, Reno policies.
11. Users shall observe and comply with the driving and parking signs and markers on University grounds and surrounding areas and shall park in authorized parking spaces only.
12. Users shall not at any time occupy any part of the Lab as sleeping or lodging quarters.
13. Users shall not place, install or operate in the Lab or in any part of the Lab, any engine, stove or machinery, or conduct mechanical operations or cook thereon or therein, or place or use in or about the Lab any explosives, gasoline, kerosene, oil, acids, caustics, or any other inflammable, explosive, or hazardous material without prior written consent of NCAR.
14. NCAR is not responsible for lost or stolen personal property, equipment, money or jewelry regardless of whether such loss occurs when area is locked against entry or not.
15. No bird, fowl, dogs, animals or pets or any kind shall be brought into or kept in or about the Lab, with the exception of service animals.
16. NCAR will not permit entrance to Users’ offices, if any, by use of passkey controlled by the University, to any person at any time without written permission by User, except employees, contractors, or service personnel directly supervised or employed by NCAR.
17. Users shall not block or obstruct entries, passages, doors, elevators, hallways or stairways and shall not place, empty or throw any rubbish, litter, trash or material of any nature into these areas, nor shall such areas be used at any time except for ingress or egress by Users.
18. Users shall not use the water closets or any other water fixtures for any purpose other than those for which they were constructed. No person shall waste water by interfering with the faucets or otherwise.
19. Users shall not disturb the other occupants of the Lab by the use of any musical instruments, the making of raucous noises, or other unreasonable use.
20. Users shall not throw anything out of the windows or off the roof of the facility or down the stairways or other passages.
21. Users shall not store any materials, equipment, products, etc. outside the Lab.
22. Users shall not erect any sign or other insignia upon or in any part of the Lab without prior written consent of NCAR.
23. No signs, draperies, shutters, window coverings, decorations, hangings or obstructions of any type shall be placed on any skylights or on any doors or windows in the Lab without the prior written consent of NCAR.
24. NCAR reserves the right to rescind any of these Rules and make such other and further rules and regulations as in the judgment of NCAR shall from time to time be needed for safety, protection, care and cleanliness of the Lab, the operation thereof, the preservation of good order therein, and the protection and comfort of its Users, including but not limited to, rules and regulations regarding hours of access to the Lab, which rules when made and notice thereof given to Users shall be binding upon it in like manner as if originally herein prescribed. In the event of any conflict, inconsistency or other difference between the terms and provisions of these Rules and any User Agreement or lease now or hereafter in effect between NCAR and any Users of the Lab, NCAR shall have the right to rely on the term or provision in such User Agreement, lease or such Rules which is most restrictive on such User and most favorable to NCAR.
25. Whenever prior written consent if required by these Rules, the consent shall be that of the Lab Director or designee.

I hereby certify that I have read and agree to abide by these Rules.

(Signature, printed name and date required)

Exhibit C

University of Nevada, Reno, Nevada Center for Applied Research

NCAR Waiver of Liability

In consideration for receiving permission to use one or more shared research facility (each a “Facility”) managed by the Nevada Center for Applied Research (“NCAR”), I hereby agree to the following:

1. Safety and Conditions of Use
   I agree that I am personally responsible for my safety and actions while using the Facility. I agree to use the Facility and its tools, equipment, and materials in a safe way, and to utilize safety gear appropriate for each task in which I engage. If I need to do something that may be dangerous, I will first consult with Facility personnel. If I have any questions as to the proper or safe use of any tool, equipment, or material, I will not use the same until I have consulted with Facility personnel. Further, I will not use any Facility tools or equipment that require prior certification unless I have first received such certification from Facility personnel. I will comply with all University of Nevada, Reno policies and rules, including but not limited to all Facility policies, guidelines, signage, and instructions. I understand that I am responsible for properly monitoring and labelling anything I bring into the Facility, and that NCAR is not responsible for any lost, damaged, or stolen property.
2. Assumption of the Risk
   I recognize and agree that my use of the Facility and its tools, equipment, and materials is entirely optional and voluntary. I further understand and agree that such use involves various inherent hazards, dangers, and risks, including without limitation, and only by way of example, the risk of trips, slips and falls; cuts, broken bones, burns, and other wounds to hands, head, feet, eyes and other body parts; serious personal injury and illness, paralysis, permanent disability, and even possibly death; electrical shock; impalement; exposure to dust, fumes, smoke, noise, and vibrations; and accidents due to negligence of other users or NCAR personnel or vendors, or due to defective or inadequate facilities, equipment, tools, machinery, materials, or due to inadequate maintenance or repair, training, instructions, supervision, first aid and medical treatment, or safety gear. I ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, DAMAGE, OR PERSONAL INJURY, INCLUDING DEATH, THAT I MAY SUSTAIN, OR ANY LOSS OR DAMAGE OF PROPERTY I OWN, AS A RESULT OF BEING ENGAGED IN SUCH ACTIVITY, WHETHER CAUSED BY THE NEGLIGENCE OF NCAR OR OTHERWISE.
3. Release of Liability
   With full awareness and appreciation of the risks involved, I, for myself and on behalf of my family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue the Board of Regents, the Nevada System of Higher Education, the University of Nevada, Reno, NCAR, and all of their respective regents, officers, agents, servants, independent contractors, affiliates, employees, successors, and assigns (collectively the “Released Parties”) from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me or any of the property belonging to me, whether caused by the negligence of the Released Parties, any third-party using the Facility, or otherwise, while participating in any activity while in, on, or around the Facility and/or while using any Facility tools, equipment, or materials.
4. Indemnification
   I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorney fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, property damage, loss of use, monetary loss, or any other injury from or related to my use of the Facility and its tools, equipment, or materials, whether caused by the negligence of the Released Parties or otherwise.
5. Acknowledgment
   By signing below I acknowledge and represent that I have read the foregoing Waiver of Liability, understand it and sign it voluntarily as my own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in Sections 3 and 4; I am sufficiently informed about the risks involved in using the Facility to decide whether to sign this document; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Wavier of Liability shall be governed by and construed in accordance with Nevada law, and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Wavier of Liability as a whole.

(Signature, printed name and date required)

Ver. 05/2022