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Employee Liability & Risk Management

Assumption of Risk and Release

Releases, waives, discharges, and covenants not to sue NDSU, its officers, agents and employees in consideration for being permitted to participate in...

 

Equipment Use Agreement

 

This is for non-employees.

Indemnity

Indemnity clauses in contracts must be approved by the General Counsel. As a general rule, the University does not agree to indemnity clauses. The following clause and explanation is typically given to other parties when the University is asked to agree to such a provision:

 

MEMORANDUM

 

 

 

 

TO: Whom It May Concern

FROM: Rick Johnson, General Counsel

DATE:

RE: Indemnity - North Dakota Law

 

 

 

 

NDSU will not agree to indemnify another party. N.D.C.C. § 32-12.2 covers NDSU for claims brought against it for certain acts of its employees within the scope of their employment. Currently, coverage is limited to $250,000 per person and $1,000,000 per occurrence. Language that NDSU can use in contracts is:

 

NDSU's tort liability is governed by the North Dakota Tort Claims Act, N.D.C.C. § 32-12.2. Nothing herein shall preclude NDSU from asserting against any party any defenses to liability it may have under North Dakota law nor is anything herein intended to extend NDSU's liability beyond that provided by N.D.C.C. § 32-12.2.

 

The reason we cannot agree to a contractual indemnity clause is that, under North Dakota law, N.D.C.C. § 54-16-03, a state official cannot agree to take on an obligation for which there is no appropriation. It is a misdemeanor to do so under North Dakota law. N.D.C.C. § 54-16-05. Furthermore, the North Dakota Risk Management Fund (our state self-insurance fund) will not provide coverage for liability assumed under a contract. N.D.C.C. § 32-12.2-02(3)(p).

 

Therefore, the purpose of the above language is to make it clear that NDSU's liability is limited to that covered by the North Dakota Risk Management Fund.

 

If you have any questions on this provision, you may contact me at 231-7215.

 

 

 

 

 

 

Indemnity Clause (Standard)

 

Indemnification clause for contracts.

International Insurance

It is important that each educational institution and its employees are in compliance with foreign jurisdiction when they are in that country to work.  In those situations when there is no workers compensation system or the foreign system is not applicable to us, coverage can be obtained through WSI if we can demonstrate that coverage through private insurance was not available.

 

 

 

For more information on international insurance, please go to the following links:

 

 

 

NDSU International Travel Insurance

 

 

 

ND OMB Risk Quick Tips, November 2009

 

Liability of State Employees in North Dakota

North Dakota law provides that a lawsuit based on the actions of a state employee "within the scope of the employee's employment" must be brought against the State and not the employee. A state employee's actions are "within the scope of employment" if the employee was performing duties or tasks lawfully assigned to the employee.

 

Office of Risk Management Forms

 

Link to the North Dakota Office Management, Budget, Risk Management Division of North Dakota.

Request for Legal Defense

Request for legal defense and indemnification pursuant to N.D.C.C. § 32-12.2. Request for legal defense for an NDSU employee who has been served with legal pleadings where the allegations in the suit pertain wholly within the scope of employment with NDSU.

 

Sponsored Event Assumption of Risk and Release Form

A release executed by a participant in an event sponsored by NDSU, where the participant acknowledges the dangers and hazards inherent in the activity, and assumes all risks and responsibilities surrounding participation in this activity.

 

Student Field Trip Waiver Form

This document sets out a description of a student field trip and provides for a certification of certain obligations and a release and waiver of liability against NDSU.

 

Study Abroad Assumption of Risk and Release Form

Sets out a description of a program for overseas study and travel and provides for a certification of certain obligations and a release and waiver of liability against NDSU.

 

Volunteer Services Agreement

Letter for volunteer services from the department or organization to the volunteer outlining volunteer services and scope; dates of volunteer service; and signature from volunteer accepting conditions of volunteer service.

 

Volunteer Waiver

Waive actions, demand or claims against the State of North Dakota, NDSU, or any of its officers or employees that may result from any personal injury or damage to personal property occurring during volunteer services for the University.

 

 

 


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Last Updated: Wednesday, June 17, 2009