Liability Waiver

Boise State University’s Albertsons Library provides patrons with the opportunity to use its MakerLab facilities and equipment, as described in more detail below. All patron use of Boise State’s MakerLab facilities and equipment is entirely optional and voluntary and is for purposes of recreation, education, and/or self-improvement.

I, the undersigned Participant and Parent(s)/Guardian(s), (hereafter referred to as “I” or “Participant”) am aware, acknowledge and accept that activities within the MakerLab, including but not limited to use of MakerLab equipment by Participant and others, may create conditions of risk or danger, inherent or not, indicated in the following non-exhaustive list, resulting in permanent disability or death: extreme heat, hazardous chemicals, electric shock, cutting tools/blades/bits and rapidly moving exposed gears, noise, vibration, sharp edges or object; exposure to surface and aerosolized particles, debris, liquids and dust. Additional exposures may include slips, trips or falls, cuts, lacerations, broken bones, burns, and other wounds to hands, head, feet, eyes, and other body parts.


I/Participant acknowledge and agree to the following:
– I am capable of participating in the MakerLab activities defined as the use of MakerLab work areas, facilities, tools, equipment and supplies.

– I understand that Boise State does not provide direct supervision of MakerLab activities.

– I agree to complete all required training prior to use of any equipment or tools as specified.

– I will comply with all Boise State policies and procedures, including, but not limited to, Albertsons Library and MakerLab policies, guidelines and instructions.

– I understand that it is my responsibility to wear appropriate Personal Protective Equipment (PPE) while using MakerLab facilities and equipment. The MakerLab recommends eye protection be worn at all times. Masks and other PPE should be considered based on the Participant’s project, other projects ongoing in the area, Participant-specific sensitivities.

– MakerLab equipment includes but is not limited to three-dimensional copiers and printers, computer equipment, crafting, cutting and finishing equipment and tools, and audio/visual equipment. MakerLab equipment and tools may change periodically.

– Boise State/the MakerLab has no obligation to provide, and does not guarantee that, specific equipment will be provided or available for Participant’s use.

– I agree 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.

– Most tools, equipment and supplies will be provided by the MakerLab. However, should the Participant require additional materials or supplies for their activities or project, the Participant may, with staff approval, bring them and use them for their specific project.

– Boise State is not responsible for the safekeeping of any item or supplies provided by Participants. Any Participant who chooses to store personal property in provided lockers does so at their own risk, as Boise State/the MakerLab does not guarantee the safety or security of stored items.

– Boise State and the MakerLab do not assume custody, care, or control of any personal items in association with MakerLab activities, including circumstances where assistance is provided to a Participant.

– I agree to stop use of and report to the MakerLab any equipment that is malfunctioning, non-operational,for which alerts are showing, or for any maintenance or operational issues.

– I recognize that I may be legally liable for any damages or additional costs associated with my use of MakerLab tools, equipment and materials due to my negligence (failure to use reasonable care, resulting in damage or injury).

– Charges for use and/or damages will be billed to my/Participant’s Boise State student account, or by other means, at Boise State’s discretion.

– MakerLab facilities and equipment may only be used for lawful purposes. Unlawful use includes, but is not limited to:

— Production of anything prohibited by local, state or federal law, or by Boise State or Idaho State Board of Education policies.

— Unsafe, harmful or dangerous items that pose a threat to the well-being of Participant or others.

— Obscene or otherwise inappropriate items for the campus or public environments.

— Production of work that violates or infringes upon copyright, trademark or intellectual property rights of others.

– Boise State staff have the right to refuse any Participant or print job or production of work.

– I am aware that dangerous weapons, alcohol and drugs are not permitted.

– I understand that failure to follow instructions, or disregard policies and applicable laws may be considered ground for denying my/my dependent’s participation in MakerLab activities.

– Minors must be attended at all times by their legal parent or guardian while using MakerLab facilities, equipment or tools.

I hereby certify that, with or without accommodation, I have no health-related concerns, reasons or problems that preclude or restrict my participation in MakerLab activities.

Should I be physically or mentally incapacitated and unable to determine my own health care while on Boise State University’s premises, I hereby consent to first aid, emergency health care, and if necessary, admission to an accredited hospital for executing such care or treatment for any sustained injuries or physical or mental health condition or incapacity.

This authorization covers all health care services, procedures, and interventions deemed necessary to stabilize my condition, including but not limited to hospitalization, diagnostic testing, surgery, medication administration, and transportation to a health care facility.

I acknowledge that emergency care is provided to address immediate medical needs and is not intended to authorize ongoing medical management.

I understand that I am responsible for all health care expenses and transportation expenses arising from my physical or mental health condition.

In consideration of Boise State permitting me or my dependent to participate in activities and use of the Makerlab facility and/or equipment, I as the Participant/Parent or Legal Guardian of Participant (“Releasor”) voluntarily consent to and accept all risk associated with such participation, known or unknown. Releasor agrees to indemnify, defend, save, hold harmless, discharge and release the State of Idaho, Boise State University, Albertson’s Library, the MakerLab, the Idaho State Board of Education, and all of their officers, agents and employees (“Releasees”) from any and all liability, claims, causes of action, or demands of any kind and nature whatsoever, including attorney’s fees and costs incurred by Releasor, that may arise from Releasees’ negligent conduct or from Releasor’s own negligent or intentional conduct or that of Releasor’s minor, in connection with Releasor or Releasor’s minor’s participation in any activities related to the MakerLab or presence on Boise State’s premises.

I as the Releasor acknowledge that I am solely responsible for any action that I or my minor takes that is outside the scope of the Makerlab activity, regardless if occurring before, during or after while on Boise State University’s premises.

It is my express intent that this Acknowledgement of Risk and Liability Waiver shall serve as a full and complete release, discharge and acceptance of risk and release of liability and agreement to indemnify Releasees for my/Releasor’s heirs, estate, executor, administrator, assigns and all members of my/Releasor’s family.

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 Acknowledgment of Risk and Liability Waiver had been executed with the invalid provision eliminated.

The undersigned person(s) 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.

By signature below, I/Participant acknowledge that I/Participant have carefully read and understand this document in its entirety and that I/Participant voluntarily agree to all statements and provisions of this Acknowledgment of Risk and Liability Waiver, including the Release of Liability and Indemnification agreement. I/Participant am sufficiently informed about the MakerLab Activities and the risks involved to decide whether to sign this Acknowledgment of Risk and Liability Waiver and I do so voluntarily. I attest that I am eighteen (18) years of age or older; or the parent or legal guardian of the person named as the Participant.