Boise State University Albertsons Library provides patrons with the opportunity to use its MakerLab facilities and equipment, as described in more detail below. All patron use of MakerLab facilities and equipment is entirely optional and voluntary and is for purposes of recreation, education, and/or self-improvement.
In order to use the MakerLab facilities and equipment, each adult user (a patron who is aged 18 or older) (“Adult User”) must review this Agreement, provide the Adult User information requested in Section 1 below, and sign and comply with this Agreement. If the Adult User has a legal guardian or other person legally responsible to sign documents such as this, the guardian/legally responsible person must sign in the space designated below.
In order for a minor patron (under 18 years of age) (“Minor User”) to use the MakerLab facilities and equipment, a parent or guardian of the Minor User or other person with legal authority to enter into this Agreement on the Minor User’s behalf (the Responsible Party) must review this Agreement, provide the information requested in Section 2 below, and sign this Agreement in the area designated at the bottom of the document.
Please note that this document includes a Release of Liability that releases Boise State University, the State of Idaho, and the State Board of Education, its departments, agents, and employees and others related to it from liability for personal injuries and other losses resulting from the use of the MakerLab facilities and equipment. Please read carefully.
* Required
2. Conditions of Use
By signing below, the User or Responsible Party affirms and agrees that:
(1) User is capable of participating in the MakerLab Activities (as defined below); (2) if using 3D printers, User/Minor User has completed the required training; (3) User shall comply with all Boise State policies and procedures, including all Albertsons Library and MakerLab policies, guidelines, and instructions; (4) User or Responsible Party shall be responsible to pay any charges or fees for use of MakerLab tools, equipment and materials, and for damage, loss or clean-up of Boise State property, which may be valued and billed to User’s or Responsible Party’s Boise State student account or by other means, in Boise State’s discretion; and (5) all insurance of the User or Responsible Party applicable to any injuries or claims arising out of the MakerLab Activities (defined below) shall be primary with any applicable Boise State insurance secondary.
The MakerLab includes equipment that uses extreme heat, hazardous chemicals, cutting tools, and rapidly moving exposed gears. Such equipment requires occasional maintenance to function properly. If any MakerLab equipment is not functioning property, User shall not attempt any repairs but rather, shall immediately contact Albertsons Library staff for assistance.
The User may use MakerLab facilities and equipment for lawful purposes only. Albertsons Library staff reserve the right to reject any User or print job.
Examples of unlawful facility and equipment uses include:
a) Anything prohibited by local, state, or federal law or Boise State policies.
b) Unsafe, harmful, or dangerous items that pose a threat to the well-being of User or others.
c) Obscene or otherwise inappropriate items for the library or university environment.
d) Work that is in violation of another’s intellectual property rights.
e) Material that is subject to copyright, patent, or trademark protection.
3. MakerLab Activities; Assumption of Risk
MakerLab facilities and equipment include, but are not limited to: 3-dimensional copying and printing machines; computer equipment; plastic materials; cutting, finishing, and crafting tools and equipment; a vinyl cutter; and audio/visual equipment. While most tools, equipment, and supplies will be provided by Albertsons Library, on occasion some items will be supplied by Users. Users may work alone or share MakerLab work space, tools and equipment with other Users and Albertsons Library staff. Albertsons Library may require Users to wear specified safety gear during, and undergo safety training prior to facility and equipment use. Surfaces of floors, work benches and tables in MakerLab areas may have debris, dust, liquids, and sharp objects on them. Albertsons Library/Boise State does not provide direct supervision of the MakerLab space. All above-referenced and other use of MakerLab work areas, facilities, tools, and equipment, whether alone or with others, whether supervised or not, and whether performed according to Boise State and Albertsons Library/MakerLab policies, procedures, and safety rules, or not, shall be referred to as the “MakerLab Activities.”
The undersigned User and/or Responsible Party understands and agrees that the MakerLab Activities and space involve various hazards, dangers, and risks, including without limitation, and 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; electrical shock; exposure to dust, fumes, smoke, noise, and vibrations; and accidents due to negligence of other users or Boise State staff or vendors, or due to defective or inadequate facilities, equipment, tools, machinery, or due to inadequate maintenance or repair, training, instructions, supervision, first aid and medical treatment, or safety gear. The risks also include other risks arising from User’s involvement in the MakerLab Activities, including unpredictable risks and risks inherent in the use of the work areas, facilities, tools and equipment used in MakerLab Activities. Each User and/or Responsible Party agrees that such User’s participation in MakerLab Activities involves risks of accidents and serious personal injury and illness, paralysis, permanent disability, and even possibly death, of the User. All above-referenced risks and other risks arising from the MakerLab Activities are referred to herein as the “Risks.”
The undersigned User and/or Responsible Party expressly assumes, for such User or Minor User, and for such User’s/Minor User’s heirs, family and estate, executors, administrators, assigns, and personal representatives, all Risks arising from the User’s/Minor User’s participation in MakerLab Activities, whether those Risks are known or unknown, or are predictable or unpredictable, or are Risks inherent in the MakerLab Activities.
4. Release of Liability and Indemnification of Claims of User
In consideration for the privilege granted to the User/Minor User to participate in the MakerLab Activities, and with full awareness and appreciation of the Risks involved, the undersigned User and/or Responsible Party, for and on behalf of the User/Minor User and User’s/Minor User’s heirs, family and estate, executors, administrators, assigns, and personal representatives, hereby releases and agrees to release, indemnify, and hold harmless Boise State University, the State of Idaho, the State Board of Education, all officers, employees, and agents, volunteers, representatives and successors and assigns (the “Released Parties”) of and from any and all claims, demands, liabilities, and causes of action that may arise from or could be made against or incurred by the Released Parties or any of them with respect to any and all property damage, economic loss, medical expense, personal care expense, disability, disease, personal injury or illness whether physical or mental in nature, and/or death, whether caused by negligence or otherwise, suffered by the User and arising from the User’s participation in the MakerLab Activities, and the Risks, including all claims of the undersigned User and/or Responsible Party. This Release and Indemnification includes all damages, costs, expenses, attorneys’ fees, and economic and other losses which may be sought in any such claims.
5. Consent to Medical Treatment
If the User/Minor User is injured or becomes ill while involved in MakerLab Activities, the User and/or Responsible Party hereby authorizes Boise State University and its employees, volunteers, agents and representatives to obtain and consent to, on the User’s/Minor User’s behalf, medical care, including without limitation, medical treatment, hospitalization, ambulance transportation, anesthesia, and X-ray and other exams and tests. The undersigned User and/or Responsible Party agrees to pay all costs of such medical care and transportation.
6. Miscellaneous
The User and/or Responsible Party agrees that Boise State provides no warranties of merchantability or fitness for particular purpose or use concerning any project or items made using MakerLab equipment, tools or materials. If any provision of this document is determined to be invalid for any reason, such invalidity shall not affect the validity of any other provisions, which other provisions shall remain in full force and effect as if this Agreement had been executed with the invalid provision eliminated. By signing below the undersigned person agrees that this document is intended to be as broad and inclusive as permitted under applicable law. This document is governed by Idaho law, and any claims brought concerning it must be commenced in the State district courts in Ada County, Boise, Idaho.