Snohomish County Fire District 4 8/10/2016

5. Rules of Facility Use. User agrees to comply with the District's rules and policies regarding the use of the Facility. The current version of these rules and policies as adopted by the District are attached hereto and incorporated herein as Exhibit"B." The District reserves the right to change these rules and policies at any time without advance notice to User to ensure the orderly and safe utilization of the Facility by all users. The User agency agrees to enforce compliance of the facility rules for all attending agency personnel by all reasonable means available to the User agency. 6. Facility Neat and Clean. User agrees to keep the Facility in a neat and clean condition as reasonably can be expected during its use of the Facility. At the end of each Training Session or use, User agrees to return the Facility to the District in as good a condition as received. User further agrees that it will clean the Facility after each Training Session or use to a condition reasonably acceptable to the District. If User fails to comply with this paragraph, the District shall be entitled to bill User for any costs incurred to clean or repair the Facility after User's Training Sessions or use. 7. Instructors_ User shall arrange for and pay instructors, when needed, directly for User's Training Sessions or use of the Facility. 8. Safety Officers. A Safety Officer will be designated for all training activities. For all training involving more than one(1) operational crew and/or multiple apparatus, an individual shall be assigned to function as Safety Officer for the entire site and duration of the activity,with all rights and responsibilities as assigned by applicable NFPA Standards and department policy. The Safety Officer(s) shall hold current certification meeting NFPA, Standard 1521. All personnel assigned as accessory Safety Officers to support a training activity shall also hold current certification meeting NFPA Standard 1521. The District shall maintain a list of qualified personnel who may be utilized by Users, and User will be required to provide applicable documentation to the District for personnel who they wish to use as Safety Officer. 9. Prop Manager. User shall be required to provide a"Prop Manager" to manage and oversee the operation and use of the Live Fire Training Prop, Training Tower and associated equipment, pressurized fire hydrant system and associated equipment, or any other accessory prop requiring special knowledge of the operation.The District will train these personnel and provide User with a list of those capable of fulfilling the position, and/or User may make arrangements to have a trained District representative available during their training. For the use of the Live Fire Prop, this person shall have no other duties than to manage the prop. 10. Liability. User has inspected the Facility and finds it acceptable for its intended uses. User is not relying upon any representations or warranties concerning the Facility except those that may be set forth herein. User accepts sole responsibility for all accidents, damages, bodily injury or damage to personal property occurring during User's use of the Facility. To the extent applicable by law, and pursuant to the terms of any other agreement between the parties: 10.1 No District Liability for User's Property Damage: User waives any and all claims, suits and causes of action against the District, its employees, commissioners, volunteers, officers or agents for any property loss or damage done to User's property, whether real, personal or mixed, occasioned by User's activities on the Facility. Provided, however this waiver shall not apply to claims or damages arising from the negligence, or willful misconduct of the District, its employees, commissioners, volunteers, officers or agents. It shall be the User's responsibility to provide its own protection against casualty losses of whatsoever kind or nature, regardless of whether or not such loss is occasioned by the acts or omissions of the District, the User, third party, or act of nature. Page 2 Admin/Facility/Machias Training Site/Training Facility Use Agreement 7/25/16