This Agreement sets forth the terms between Southern Utah University, having an address at 351 West University Blvd. Cedar City Utah 84720 (the “University”) and {operatorName}, having an address at {operatorsAddress}(the “Operator”) with regard to the use of an Unmanned Aircraft System (“UAS”) as described herein. RECITALS WHEREAS, the Operator wishes to have a UAS operated on University property, the Operator hereby agrees to the following terms, responsibilities and conditions:
1. Purpose and Term.
The Operator seeks approval from the University to use a UAS on:
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at the time of:
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for the purpose of (the “Purposes”):
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2. Responsibility of Operator.
Operator agrees to abide by the following requirements of the University related to utilizing a UAS on the property of the University: (a) UAS Operator (the “Operator”) shall provide evidence that minimum FAA pilot certification requirements have been met; (b) Operator shall provide the necessary site specific FAA authorization to commercially operate the UAS (Certificate of Authorization, Section 333 Exemption, Special Airworthiness Certificate, etc.), including a map of the area designated in the Certificate of Authorization; (c) Operator shall operate the UAS only on public areas of University property in the location(s) approved by the University in the Approved Application and in no other areas without the written consent of the University, which consent may be withheld in the University’s sole discretion; (d) UAS shall weigh less than 55 pounds;(e) UAS must be registered with registration number appearing on the UAS; (f) UAS shall maintain a horizontal clearance of at least 15 feet from all buildings, people, stadiums, outdoor sporting events, and other obstacles; (g) Operator shall comply with visual flight rules; (h) Operator shall maintain a visual line of sight with the UAS; (i) Operator shall maintain an altitude at all times which is below 400 feet or such lower height required by the University; (j) Operator shall obtain written consent from any and all identifiable individuals appearing in photos or video obtained during UAS operation; (k) Operator certifies that UAS has been properly maintained per manufacturer’s guidelines; (l) Operator shall ensure that the UAS has a fully charged battery prior to the flight; and (m) prior to use of the UAS on University property, the Operator guarantees the UAS will be operated only within the following conditions: (a) visibility of three (3) or more miles, (b) wind gusts not to exceed 35 MPH, and (c) ambient temperatures of between 0 and 110 degrees Fahrenheit. The Operator is responsible for contacting the Cedar City Regional Airport control tower prior to operating the UAS. Furthermore, Operator guarantees compliance with all FAA guidelines, regulations and statutes in effect at the time of the flight(s), as well as the University Policy 5.63 and all other applicable policies of the University. No images or photographs will be taken by Operator of the inside of any building or structure on University property.
3. Indemnification.
The Operator shall defend, indemnify and hold harmless the State of Utah, the University, its Regents, officers, agents, employees and/or assigns, from any and all claims, demands, actions and causes of action against the University, whether groundless or not, in connection with any and all injuries, losses, damages or liability of any kind whatsoever arising, directly or indirectly, out of Operator’s presence on University property and/or Operator’s operation of the UAS pursuant to this Agreement or any of the results therefrom. This indemnification obligation shall include, without limiting the generality of the foregoing, reasonable attorney fees and other costs or expenses incurred in connection with the defense of any and all such claims, demands, actions, or causes of action and shall survive the expiration or earlier termination of this Agreement.
4. Insurance Requirements for Third Party Vendors.
The Operator will provide a certificate of insurance evidencing insurance which meets the following requirements: (a) Occurrence-based UAS Liability insurance with a minimum of $1,000,000 in coverage per occurrence; (b) General Liability insurance with a minimum of $1,000,000 in coverage per occurrence and $3,000,000 in coverage in the aggregate; (c) Such policies shall name the State of Utah and Southern Utah University as an additional insureds; (d) Such policies shall include coverage for personal injury; (e) Such policies shall be primary, non-contributory, and contain waiver of subrogation language; and (f) Insured will provide the University with a minimum of 30 days’ notice prior to cancellation of such policies. Please see the SUU Risk Management Insurance Requirements for more information.