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Subject:
From:
jeff courtman <[log in to unmask]>
Reply To:
Informal Science Education Network <[log in to unmask]>
Date:
Wed, 28 Sep 2005 19:09:30 -0500
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ISEN-ASTC-L is a service of the Association of Science-Technology Centers
Incorporated, a worldwide network of science museums and related institutions.
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Jason, I'm sure you can find forms at aam's bookstore and my guess is
you guys are probably members.

It's often difficult to find a 'template' because of the specifics of
any given situation.  If this is something you're not going to be doing
on a regular basis, you might want to write it yourself.  THIS IS NOT
LEGAL ADVICE, but there are some fairly easy guidelines.

1.  State who the agreement is between
2.  What it's for
3.  How long its in effect
4.  What the costs are and what is the payment schedule.
5.  Who's responsible for pickup, setup, strike, etc.
6.  Note when it becomes their responsibility (This is important,
believe or not.  We were involved in lawsuit and one of the issues was
when we took possession.)
7.  What the replacement value is and what is the threshold of damage.
8.  Any recommendations you make for staffing (if appropriate) and that
it is their responsibility.
9.  Indemnification -  here's one I've used -it's a hybrid....
To the fullest extent permitted by law, (Indemnifying Party") shall
indemnify and hold harmless ("Indemnified Party"), including its
employees, board members or other agents or representatives, from and
against any and all claims, including, but not limited to, losses,
costs, damages and expenses, reasonable legal fees and expenses, on
account of any injury or death to any person, or damage to, or loss or
destruction of property, arising out of or resulting from the use of
{insert rental objects here), including acts or omissions of
(Indemnifying Party), its employees, agents, invitees, guests, or
representatives.

10.  Who the designated representatives are (who gets a call if there is
a problem on either end).

11.  if there is a deposit and is it refundable?

12.  State the agreement can't be changed except in writing with
agreement by both parties.

 
jason, i hope some others chime in - its been a while since i've written
one of these.  one the the easiest and best things to do is find a local
contract lawyer who'll draft a one or two page document, pro bono of
course!  all you need to do is supply the things h/she wouldn't know
about, like delivery, who's responsible for what; then h/she can add the
boiler plate.
 
remember, a good agreement is worth the extra effort.  nobody expects
anything to go wrong, but if it does......
 
hope this helps.
 
jeff courtman



 


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