Inspo-lab Release of Liability Agreement
In consideration for User’s participation in the use of the Library’s Inspo-Lab Makerspace and/or usage of the Library’s 3D Printing, User agrees as follows:
1. Conditions of Use. The User agrees that (a) the User has reviewed the Library’s Inspo-Lab Makerspace & 3D Printing Policy and agrees to its terms, which are incorporated by reference into this Agreement, and (b) the User has been trained by Library staff or participated in a Library workshop regarding the use of the Inspo-Lab Makerspace & 3D Printer (hereafter referred to as (“Inspo-Lab”). The User agrees to comply with all Library policies, including the payment of any fees associated with the use of the Inspo-Lab. If the User is under the age of 18, a parent or legal guardian agrees to this Release of Liability on behalf of the minor child and the term “User” applies to both the minor child and any parent or legal guardian.
2. Assumption of Risk. User acknowledges the risks in the use of tools, equipment, devices, and hazardous materials of any kind commonly used in electronics construction, fabrication, software design and other technology related activities and that User’s participation in such activities and/or use of the Library’s Inspo-Lab may result in injury, illness, death or damage to User or User’s personal property. Further, such risks and dangers may be caused by User or other Users. Such injury, illness death or damage to User or User’s personal property may arise from foreseeable or unforeseeable causes. User, and the User’s heirs, family, estate, personal representatives and assigns, fully assumes all such risks (known, unknown and/or unforeseen) and any other risks which arise in connection with the use of the Library’s Inspo-Lab.
3. Release of Liability. User, including the User’s heirs, family, estate, personal representatives and assigns, releases the Brighton District Library, its staff, board members, exhibitors, guests, fellow Library users/patrons, employees, agents, guests and assigns from any and all losses, claims, demands, damages, causes of actions or proceedings of every kind and character arising or that could arise out of any damage, loss or injury to User or User’s property (including but not limited to any copyright or intellectual property) while using the Inspo-Lab of the Library and/or using any equipment owned by the Library or another user or guest of the Library, regardless of whether such loss or injury is as a result of negligence of the Library or its users, guests, agents and assigns, or is a result of some other cause. This release extends to any and all items printed on the Library’s 3-D printer. This release includes all damages, costs, medical costs, expenses, attorney fees and any other losses.
4. Covenant Not to Sue. User agrees that User will not, under any circumstances, initiate any legal action or administrative proceeding against the Library, its staff, board members, exhibitors, fellow Library users/patrons, employees, agents, guests, and assigns and User will not assist in the prosecution of any legal action filed by another, arising out of an injury to the person or property of User while participating in the use of the Inspo-Lab in the Library. This covenant extends to include the family, estate, heirs, personal representatives, administrators and assigns of User.
5. Indemnification. User will defend, indemnify, save and hold harmless the Library, its staff, board members, exhibitors, guests, fellow Library users/patrons, employees, agents, guests and assigns from any and all losses, claims, demands, damages, causes of actions or proceedings of every kind and character which may be initiated by any other persons or organizations, and which arise directly or indirectly from the actions of User while engaged in the use of the Inspo-Lab by using the Library’s tools, equipment, materials, space, or educational opportunities. This includes any and all losses, claims, demands, damages, causes of actions or proceedings of every kind and character which may be initiated by any other persons or organizations involving copyright or other intellectual property. User acknowledges that User has carefully read all the above provisions, fully understands same, and voluntarily signs this document as a condition of use of the Inspo-Lab.
6. Damage of Tools and Equipment. If User damages the Inspo-Lab tools or equipment, the User will be liable for the damage, which may include replacement costs.
7. Recordings and Photography Waiver. User acknowledges that Library events may be recorded in audio, visual, and/or audiovisual media (“Recordings”) and User consents to the making and use of such Recordings. User releases the Library and its staff, board members, employees, agents, and assigns from, and waives any claims related to or arising by reason of, the making and/or use of any such Recordings, including any claims under the Michigan Library Privacy Act. User grants to the Library the right to use the User’s likeness in connection with the Recordings.
8. Intellectual Property. User agrees that he/she has the copyright and other intellectual property rights for materials used for, created, or made on the Inspo-Lab and is not violating any other person’s intellectual property rights.
9. Use of Facilities, Tools and Materials. User agrees to use the facilities, tools, and materials in a safe and careful way, and to alert the Library staff, and/or program leaders when facilities, tools, and materials are being used in a way that could cause harm to themselves or others.
10. Applicability. This Release shall apply to all uses by the User of the Library’s Inspo-Lab equipment and 3D Printing.