INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
In consideration of permitting(Participant's NAME below this form) to participate in commercial activities, operations, and/or functions at the Shinzen Japanese Garden and to the furthest extent allowed by law, the undersigned agrees to release, indemnify, hold harmless and defend City of Fresno and its officers, officials, agents, employees, and volunteers from and against any and all loss, liability, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City of Fresno, Participant or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of Participant’s observation or participation in the activities, operations, or functions related to the Activities. IT IS THE INTENTION OF PARTICIPANT (INCLUDING THAT OF PARENT/GUARDIAN) BY THIS DOCUMENT, TO HAVE AGREED TO THE ASSUMPTION OF THE RISK FOR PARTICIPANT OBSERVING OR PARTICIPATING IN THE COMMERCIAL ACTIVITY AND PARTICIPANT DOES HEREBY VOLUNTARILY RELEASE THE CITY OF FRESNO, AND ITS OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, AND VOLUNTEERS FROM, AND DOES WAIVE ANY RIGHT OF ACTION OR CLAIM FOR, ANY LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH CAUSED BY ANY OF THEIR NEGLIGENCE.
The Participant, his/her heirs, executors, administrators or assigns agrees and understands that participation in the Activities for which this Release, Waiver and Indemnity Agreement is requested, does not make Participant an employee of the City of Fresno and does not grant them any right, title or interest in any Workers’ Compensation benefits offered employees of the City of Fresno. Further the Participant, heirs, executors, administrators, or assigns waives and relinquishes any interest or right to claim any interest in the City of Fresno employment benefits offered employees of the City by reason of any common law employee rights theory or similar employment entitlements of any kind.
The Participant agrees that the contents of this document shall be binding upon his/her heirs, executors, administrators and assigns.
The undersigned acknowledges that he/she (i) has read and fully understands the content of this Release and Indemnity Agreement; (ii) has been fully and completely advised of the commercial activity dangers incidental to engaging in the activity, operation and/or function related to the Program; (iii) has had the opportunity to consult with an attorney, in his/her discretion; and (iv) is fully aware of the legal consequences of signing this document.
Forms/B&S/Release, Waiver, and Indemnity Agreement Shinzen 06-12-17 .docx.