Cultivate Indy Small Business Lab and Maker Space User Agreement and Release of Liability
The Independence Public Library (IPL) provides patrons with the opportunity to use its Cultivate Indy Small Business Lab and Makerspace facilities and equipment, as described in more detail below. All uses by patrons of the Lab facilities and equipment is optional and voluntary and is for purposes of recreation, education, and/or self-improvement.
In order to use the Makerspace facilities and equipment, each Adult User/Parent or Guardian of Minor User (a patron who is aged 18 or older) must review this Agreement, provide the user information requested in Section 1 below, sign, and comply with this Agreement. If the Adult User has a legal guardian, the guardian must sign in the space designated below.
Minors age 12 to 17 are allowed to use the Lab. In order for a minor (“Minor User”) to use the Cultivate Indy Small Business Lab and Makerspace 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 must review this Agreement, provide the information requested in Section 1 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 the Independence Area Public Library and other entities related to it from liability for personal injuries and other losses resulting from the Adult User/Minor User’s use of the Cultivate Indy Small Business Lab and Makerspace facilities and equipment. Please read carefully.
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1. Cultivate Indy Small Business Lab User Information

Minor Users will need to have a parent or Guardian fill out both Adult and Minor sections in Section 1.
First and Last Name
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Date of Birth
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MM
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DD
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YYYY
Library Card #
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Driver's License/ID/Student ID & School
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Phone Number
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Email
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Address
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City, State, Zip
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Emergency Contact Name
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Address, City, State, Zip
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Phone Number
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Parent/Guardian First and Last Name
Date of Birth
MM
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DD
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YYYY
Library Card #
Driver's License/ID
Phone Number
Email
Address
City, State, Zip

2. Conditions of Use.

By signing below, the Adult User/Parent or Guardian of Minor User affirms and agrees that:
(1) They or the minor are capable of participating in the Makerspace activities;
(2) The Adult User/Minor User shall comply with all IPL policies and procedures, including all Cultivate Indy Small Business Lab and Makerspace policies, guidelines, and instructions;
(3) Adult User/Parent or Guardian of Minor User shall be responsible to pay any IPL charges or fees for use of Makerspace tools, equipment and materials, and for damage, loss or clean-up of IPL property, which may be valued and billed to Adult User/Parent or Guardian of Minor User’s IPL account or by other means, in IPL’s discretion; and
(4) All insurance of Adult User/Minor User applicable to any injuries or claims arising out of the Lab activities shall be primary with any applicable IPL insurance being secondary. (5) Minor Users must have a Parent/or Guardian present while using the Makerspace equipment.
User's Initials Agreeing to Conditions of Use
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Guardian's Initials Agreeing to User's Conditions of Use

3. Makespace Activities; Assumption of Risk.

IPL’s Makerspace facilities and equipment include, but are not limited to, video production equipment, recording devices, drawing tools and equipment, circuit boards, electrical wiring, electronic equipment, 3-dimensional printing machines, computer equipment, and more. While most tools, and equipment will be provided by IPL, supplies/materials and designs will be supplied by the user. Adult User/Minor User may work alone or share Makerspace work space, tools and equipment with other users and IPL staff. IPL may require users to wear specified safety gear, and undergo training, but safety gear and training may not always be available. Surfaces of floors, work benches and tables in Makerspace areas may have debris, dust, liquids, and sharp objects. While IPL will strive to supervise Lab areas, not all activities of Adult User/Minor User or other users can be supervised at all times. All above referenced and other use of Makerspace work areas, facilities, tools, and equipment, whether alone or with others, whether supervised or not, and whether performed according to IPL policies, procedures, and safety rules, or not, shall be referred to as the “Makerspace Activities.”
The undersigned Adult User/Parent or Guardian of Minor User understands and agrees that the Makerspace Activities 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 IPL 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 Adult User/Parent or Guardian of Minor User’s involvement in the Makerspace Activities, including unpredictable risks and risks inherent in the use of the work areas, facilities, tools and equipment used in Makerspace Activities. Each Adult User/Parent or Guardian of Minor User agrees that such Adult User/Parent or Guardian of Minor User’s participation in Makerspace Activities involves risks of accidents and serious personal injury and illness, paralysis, permanent disability, and even possibly death, of the Adult User/Parent or Guardian of Minor User. All above-referenced risks and other risks arising from the Makerspace Activities are referred to herein as the “Risks.”
The undersigned Adult User/Parent or Guardian of Minor User expressly assumes, for such Adult User/Parent or Guardian of Minor User, and for such Adult User/Parent or Guardian of Minor User’s heirs, family and estate, executors, administrators, assigns, and personal representatives, all Risks arising from the Adult User/Parent or Guardian of Minor User’s participation in Makerspace Activities, whether those Risks are known or unknown, or are predictable or unpredictable, or are Risks inherent in the Makerspace Activities.
User's Initials Agreeing to Conditions of Use
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Guardian's Initials Agreeing to User's Conditions of Use

4. Release of Liability and Indemnification of Claims of Adult User/Parent or Guardian of Minor User:

Inconsideration for the privilege granted to the Adult User/Parent or Guardian of Minor User to participate in the Cultivate Indy Small Business Lab and Makerspace Activities, and with full awareness and appreciation of the Risks involved, the undersigned Adult User/Parent or Guardian of Minor User, for and on behalf of the Adult User/Parent or Guardian of Minor User and Adult User/Parent or Guardian of Minor User’s heirs, family and estate, executors, administrators, assigns, and personal representatives, hereby release and agrees to indemnify and hold harmless IPL, its Board of Directors, and all organizations related to IPL, including the Friends of the Independence Public Library, our volunteers, contractors, agents, 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 Adult User/Parent or Guardian of Minor User and arising from the Adult User/Parent or Guardian of Minor User’s participation in the Makerspace Activities, and the Risks, including all claims of the undersigned Adult User/Parent or Guardian of Minor User. This Release and Indemnification includes all damages, costs, expenses, attorneys’ fees, and economic and other losses which may be sought in any such claims.
User's Initials Agreeing to Conditions of Use
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Guardian's Initials Agreeing to User's Conditions of Use

5. Consent to Medical Treatment:

If the Adult User/Parent or Guardian of Minor User is injured or becomes ill while involved in Makerspace Activities, the Adult User/Parent or Guardian of Minor User hereby authorizes IPL and its employees, volunteers, agents and representatives to obtain and consent to, on the Adult User/Parent or Guardian of Minor User’s behalf, medical care, including without exams and tests. The Undersigned Adult User/Parent or Guardian of Minor User agrees to pay all costs of such medical care and transportation.
User's Initials Agreeing to Conditions of Use
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Guardian's Initials Agreeing to User's Conditions of Use
6. Miscellaneous
The Adult User/Minor User agrees that IPL provides no warranties of merchantability or fitness for particular purpose or use concerning any project or items made using IPL 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 shall not be amended except by a written document signed by the Adult User/Parent or Guardian of Minor User and the Library Director of IPL.
User's Initials Agreeing to Conditions of Use
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Guardian's Initials Agreeing to User's Conditions of Use
Adult User/Minor User Signature:
By my signature below, I acknowledge that I have carefully read this Agreement in its entirety and understand it, and I voluntarily agree to all statements and provisions of this Agreement, including the Release of Liability and Indemnification of Section 4. I am sufficiently informed about the Makerspace Activities and Risks involved to decide whether to sign this Agreement. I attest that I am eighteen (18) years of age or older.
Please type First and Last Name to Sign
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Date
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MM
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DD
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YYYY

Parent/Guardian Signature:

By my signature below, I acknowledge that I am a legal guardian or other person legally responsible for the Adult User/Minor User with authority to sign this Agreement for and on behalf of the Adult User/Minor User. I have carefully read this Agreement in its entirety and understand it, and I voluntarily agree to all statements and provisions of this Agreement, including the Release of Liability and Indemnification of Section 4, for and on behalf of the Adult User/Parent or Guardian of Minor User. I am sufficiently informed about the Makerspace Activities and Risks involved to decide whether to sign this Agreement for the Adult User/Minor User. I attest that I am eighteen (18) years of age or older. 
Legal Guardian/Legally Responsible Person Signature:
Please type First and Last Name to Sign
Date
MM
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YYYY
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