Risk Management

• Volunteer Release
• Liability for Events
• Liability Waiver for minor participants with events
• Student Trip release
• Third Party Release
• Facilities and Equipment Use Agreement

Volunteer Release

As a volunteer participant in , (EVENT NAME)
on , at Arkansas State University, I recognize and
(EVENT DATE)
acknowledge that certain risks of personal physical injury, property damage, or other
losses exist.
I agree to assume all risks of any such personal injuries, property damages, or other
losses that I may sustain as a result of my participation in this event.
I do hereby fully release and discharge Arkansas State University, its officers, agents
and employees from any and all claims for personal injuries, property damages or other
loss that I may suffer on account of my participation in this event.
I further agree to indemnify and hold harmless Arkansas State University, its officers,
agents and employees from all claims, suits, actions, injuries, damages, and losses
sustained by me and arising out of, connected with, or in any way associated with my
participation in this event.
I HAVE FULLY READ AND UNDERSTAND THE FOREGOING.

Name (Print)
Signature __________________________________________________________
Date _______________________________

Liability for Events

DATE: ACTIVITY:

VENUE:

 

I (“Participant”), being over the age of eighteen years, have chosen to willingly participate in the above-listed activity(ies) hosted by Arkansas State University.

 

I recognize and acknowledge that certain risks of personal physical injury, property damage, or other losses, up to and including death, exist with respect to participation in the activity(ies) and further agree to:

 

Assume all risks of any such personal injuries, property damages, or other losses that participant may sustain as a result of participation in these activity(ies), including all losses incurred while entering, exiting, or being present in the Arkansas State University-sponsored activity(ies).

 

Fully release and discharge Arkansas State University-Jonesboro, the ASU System, its Board of Trustees, its officers, agents and employees (hereinafter collectively referred to as the “College”) from any and all claims from personal injuries, property damages or other loss that I may suffer on account of participation in said events including losses incurred while entering, exiting, or being present in the Arkansas State University-sponsored activity(ies).

 

Indemnify and hold harmless the College, from all claims, suits, actions, injuries, damages, and losses sustained and arising out of, connected, with, or in any way associated with my participation in said activity(ies) including losses incurred while entering, exiting, or being present in the Arkansas State University-sponsored activity(ies).

 

HAVE FULLY READ AND UNDERSTAND THE FOREGOING.

 

 

 

Name of Participant (Print)

 

 

 

 

Signature of Participant

 

 

 

 

Date

Liability Waiver for minor participants with events

RELEASE OF ALL CLAI MS FOR PERSONAL INJURY AND
PROPERTY DAMAGE
PARENT OR LEGAL GUARDIAN CONSENT FOR PARTICIPATION:
IN ARKANSAS STATE UNIVERSITY-SPONSORED EVENTS
DATE: ACTIVITY:
VENUE:
As the parent or legal guardian of ,
(Participant’s Name)
I give my consent and approval for
(Participant’s Name)
to participate in the above-listed activity(ies) hosted by Arkansas State University.
I recognize and acknowledge that certain risks of personal physical injury,
property damage, or other losses, up to and including death, exist with
respect to participation in the activity(ies) and further agree to:
Assume all risks of any such personal injuries, property damages, or other losses that
participant may sustain as a result of participation in these activity(ies), including all losses
incurred while entering, exiting, or being present in the Arkansas State University-sponsored
activity(ies).
Fully release and discharge Arkansas State University-Jonesboro, the ASU System, its
Board of Trustees, its officers, agents and employees (hereinafter collectively referred to as the
“College”) from any and all claims from personal injuries, property damages or other loss that
I may suffer on account of participation in said events including losses incurred while entering,
exiting, or being present in the Arkansas State University-sponsored activity(ies).
Indemnify and hold harmless the College, from all claims, suits, actions, injuries,
damages, and losses sustained and arising out of, connected, with, or in any way associated with
my participation in said activity(ies) including losses incurred while entering, exiting, or being
present in the Arkansas State University-sponsored activity(ies).
HAVE FULLY READ AND UNDERSTAND THE FOREGOING.
Name of Parent or Legal Guardian (Print)
Signature of Parent or Legal Guardian
Dat

Student Trip release

RELEASE OF ALL CLAIMS FOR PERSONAL INJURY AND PROPERTY DAMAGE
STUDENT TRAVEL PARTICIPATION
I, , a student at Arkansas State University over the age of eighteen (18), have chosen
student name
to participate in student travel to
location(s)
on .
date(s)
I AM AWARE that participating in travel carriesthe risk of personal injury, property damage, or other losses.
I HEREBY FULLY RELEASE AND DISCHARGE Arkansas State University and its officers, agents, and
employees from any and all claims for personal injury, property damage, or other losses resulting from my
participation in this travel.
I HEREBY ASSUME ALL RISK of personal injury, property damage, and other losses which may result from
my participation in this travel.
I FURTHER AGREE TO INDEMNIFY AND HOLD HARMLESS Arkansas State University, its officers,
agents, and employees form all claims, suits actions, injuries, damages, and losses sustained by me and arising out
of, connected with, or in any way associated with my participation in this travel.
I HAVE FULLY READ AND UNDERSTAND THE FOREGOING.
STUDENT (print name)
STUDENT (signature) DATE
Department
*Department Contact Contact Phone Number
* Attach form to appropriate travel request and submit to Travel Services PRIOR TO TRAVEL

Third Party Release

RELEASE OF ALL CLAIMS AND
INDEMNITY AND HOLD HARMLESS AGREEMENT
THIRD PARTY USE OF ARKANSAS STATE UNIVERSITY PREMISES
With respect to the
event name
to be conducted by
sponsor
on on the premises of Arkansas State University, date
HEREBY
SPONSOR
ASSUMES ALL RISKS OF PERSONAL INJURY, PROPERTY DAMAGE,
OR OTHER LOSS SUSTAINED BY ANY PERSON ATTENDING OR
PARTICIPATING IN ANY WAY WITH THE EVENT,
RELEASES Arkansas State University, its employees, officers, and
agents, from any and all claims for personal injury, property
damage, or other loss which may occur in association with this
event,
ACCEPTS FULL RESPONSIBILITY FOR ORGANIZING, SUPERVISING, AND
CONDUCTING ALL ACTIVITIES ASSOCIATED WITH THIS EVENT, AND
AGREES TO INDEMNIFY AND HOLD HARMLESS Arkansas State
University, its employees, officers, and agents from any and all
losses, costs, causes of action, claims, or damages to either person
or property that relate to or arise from any activities connected to
this event.
Authorized Signatory for
sponsor
Signature
Print Name
Title
Date

Facilities and Equipment Use Agreement

This Agreement (the "Agreement") is made and entered into on this ____ day of
______________, 20___, between ARKANSAS STATE UNIVERSITY (“ASU”) and
___________________________ (“Employee”).
In consideration of the mutual covenants hereinafter set forth and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, ASU and
Employee agree as follows:
1. TERM OF AGREEMENT.
This Agreement shall commence as of the date of this Agreement and terminate
_______________ unless earlier terminated in accordance with the provisions hereof.
2. PURPOSE OF AGREEMENT
A part of the mission of Arkansas State University is to provide service. From time to
time, ASU employees contract with sources outside the university for research, studies,
evaluations, or other activities (“Third Party Agreement”). When these outside activities are
performed on ASU property utilizing ASU facilities and equipment, it is appropriate that the
employee compensate ASU for the cost of conducting these activities. ASU is agreeable to
providing facilities and equipment for conducting third party agreements for reasonable
compensation. Employee is agreeable to paying reasonable compensation to ASU for use of
facilities and equipment to conduct third party agreements.
3. APPROVAL OF THIRD PARTY AGREEMENTS
When ASU facilities or equipment are being used to perform third party agreements, those
third party agreements must be approved by the office of
to ensure that all legal requirements are met and that no conflict of interest exists.
4. USE OF FACILITIES AND EQUIPMENT
Upon approval of a third party agreement, ASU will make available to employee the
following facilities and equipment
. Said facilities shall be available during regular working hours or during such times as employee
requires said facilities to perform the tasks of the third party agreement.
5. OBLIGATIONS AND DUTIES OF THE EMPLOYEE.
The Employee shall pay to ASU
for use of facilities and equipment to conduct the Third Party Agreement. Employee shall keep
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said facilities in good and safe working order and shall immediately report any damage to facilities
or equipment occurring during the course of performing activities pursuant to the third party
contract. Employee shall indemnify and hold harmless ASU for any damages, whether in tort or
contract, arising from the Third Party Agreement. Employee shall comply with all requirements
of the Faculty Handbook of Policies and Procedures in conducting said Third Party Agreement,
including any provisions related to intellectual property created as a result of that agreement.
6. TERMINATION.
Either party may terminate this agreement before its term upon giving thirty days written
notice.
7. IMMUNITY
Arkansas State University is an agency of the State of Arkansas. Both the Eleventh
Amendment to the United States Constitution and Constitution of the State of Arkansas grant
sovereign immunity to the State and its agencies. Because of the Constitutional grant of
sovereign immunity, Arkansas State University has no authority to enter into a covenant or
agreement to hold a party harmless or to indemnify a party from damages. Any claim for
damages against Arkansas State University must be presented to the Arkansas State Claims
Commission. Nothing in this contract is intended to nor shall it waive the sovereign immunity of
Arkansas State University. Any provision of this contract which is in conflict with the laws of the
State of Arkansas is null and void.
8. ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement between the parties and supersedes any
contemporaneous or previous written or oral agreements, representations or undertakings
concerning the matters and arrangements provided for in this Agreement. No supplement,
modification or amendment to this Agreement will be binding unless such supplement, modification or amendment is in writing and signed by all parties.
9. WAIVER
A waiver of any provisions of this Agreement will not be considered a waiver of any other
provision, whether or not similar, nor will any waiver on one occasion constitute a continuing or
permanent waiver.
10. NOTICE
Any request, notice or other communication to be given under this Agreement must be in
writing and delivered personally or by messenger, private mail, courier service, facsimile or sent
by registered, certified mail, return receipt requested, or postage prepaid, as follows:
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To Arkansas State University :
___________________________
Jonesboro, Arkansas
To Employee: ___________________________
___________________________
___________________________
All notices will be considered effective (i) upon receipt if delivered personally or by messenger or
private mail courier, (ii) on the business day of successful transmission by facsimile or (iii)
otherwise on the third business day after deposit in the U.S. mail.
11. HEADINGS
Captions of the articles and sections of this Agreement are for convenience only and must
not be interpreted or construed to explain, modify, amplify or aid in the interpretation, construction
or meaning of any provision of this Agreement.
12 SUCCESSORS
The terms, warranties and agreements herein contained shall bind and inure to the benefit
of the respective parties hereto, and their respective legal representatives, successors and assigns.
13 ADDITIONAL DOCUMENTS
The parties shall execute any additional documents reasonably necessary to effectuate the
provisions and purposes of this Agreement.
14. COUNTERPARTS
This Agreement may be executed in one or more counterparts, including facsimile copies,
each of which will be considered to be an original. All those counterparts together will constitute
the same instrument, which may be sufficiently evidenced by one counterpart. The signing of this
Agreement at different times and places by the parties will not affect the validity of this
Agreement.
15. SEVERABILITY
Any provisions herein declared invalid under any law shall not invalidate any other
provision of this Agreement.
16. APPLICABLE LAW
This Agreement and the documents provided for herein shall be governed by, and
construed in accordance with, the laws of the State of Arkansas.
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IN WITNESS WHEREOF, the parties have respectively signed this Agreement by their
duly authorized officers as of the date and year first above written.
EMPLOYEE:
ARKANSAS STATE UNIVERSITY
By