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TERMS AND CONDITIONS 1. The USER of the DOH -Indian RiverMabasso facility agrees to use utmost care in the use of its facility and agree to leave them in good, clean condition with the standard set up. 2. The USER will reimburse the DOH -Indian River for any and all damages caused to the facility and/or the equipment therein. The USER agrees to reimburse the DOH -Indian River for clean-up, repair, or other expenses incurred as the result of misuse of the facility. In the event of damage to the DOH -Indian River/Wabasso facility, those using the facility shall accept the amount of repair and replacement costs as estimated, or otherwise determined, by the DOH -Indian River Health Officer or his or her designee and shall pay the DOH -Indian River for such repair and replacement costs upon demand. 3. The USER assumes all responsibility and liability for the requested use and agrees to defend, indemnify and hold DOH -Indian River harmless from any and all loss, damage or injury to any person or property arising from use of the facility. 4. If both parties to this agreement are state agencies or subdivision, Terms and Conditions Item 3 listed above does not apply. Instead, both agree to be fully responsible for acts of negligence by its officers, employees or agents, when acting within the scope of their employment or agency, and agrees to be liable for any and all damages resulting from said negligence, as provided in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to whom sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties. Neither party cannot indemnify the other party to this Agreement or any third parties. 5. Those using DOH -Indian River/Wabasso facility must confine themselves to the areas provided for in this Facility Usage Agreement. 6. Users may not take tables and/or chairs, and/or other items, from other rooms and/or areas of the DOH -Indian River/Wabasso facility and will use only the furniture and equipment in the area reserved unless otherwise authorized in writing. 7. The use of alcoholic beverages is prohibited on DOH -Indian River property by USER and/or its event participants, employees, contractors or agents. Smoking is permitted only in designated areas outside the facility. 8. The parties agree that the USER, its agents and employees are not agents or employees of DOH -Indian River. The USER will be solely responsible and will assume full responsibility for the actions and omissions of its agents and employees when using DOH -Indian River/Wabasso facility. As an independent contractor, USER is solely responsible for worker's compensation coverage of its employees. 9. The USER will be solely responsible to provide adequate supervision of the activities conducted in the DOH - Indian River/Wabasso facility. 10. The USER will comply with all applicable state laws and regulations and will not conduct any activities that conflict with the mission and values of DOH -Indian River. The DOH -Indian River reserves the right to accept or reject a request for use of its facility based on these criteria as determined by the Management team and/or the Administrator or his or her designee. 11. DOH -Indian River has the right to cancel any reservation if an internal need to reserve the room arises. In this case, your organization will be notified in writing as soon as possible. Representative (Print) Representative (Signature) Date