|
6. INDEMNIFICATION
<br />Provider agrees to and shall indemnify, defend and hold harmless the City, its officers,
<br />agents, employees, consultants, special counsel, and representatives from liability: (1) for personal
<br />injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
<br />personal injury, including death, and claims for property damage, which may arise from the
<br />negligent operations of the Provider or its contractors, subcontractors, agents, employees, or other
<br />persons acting on their behalf which relates to the services described in section 1 of this
<br />Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution,
<br />judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement,
<br />to the extent that the injury, damages, just compensation, restitution, judicial or equitable relief is
<br />caused by the negligence of the Provider. This indemnity and hold harmless agreement applies to
<br />all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or
<br />alleged to have been suffered, by reason of the events referred to in this Section or by reason of
<br />the terms of, or effects, arising from this Agreement. City may make all reasonable decisions with
<br />respect to its representation in any legal proceeding. In no case will Provider be required to
<br />indemnify or hold harmless the City from injury, damages, just compensation, restitution, judicial
<br />or equitable relief caused by the negligence of the City.
<br />COVID-19 ASSUMPTION OF RISK AND WAIVER
<br />Provider acknowledges that Provider could be exposed to persons that may have COVID-
<br />19 providing services pursuant to this Agreement. Provider understands that interacting with any
<br />person currently comes with the inherent risk of exposure to COVID-19 and that COVID-19 is
<br />highly contagious. Provider assumes the risks associated with providing services pursuant to this
<br />Agreement, namely potential exposure to COVID-19. Provider acknowledges that while some
<br />people have no symptoms or mild symptoms from COVID-19, some people have become seriously
<br />ill requiring hospitalization and that some people have died from COVID-19. Provider
<br />acknowledges that persons over the age of 65 and persons with underlying health conditions are
<br />at greater risk of contracting COVID-19 and are potentially risking serious injury or death.
<br />Provider is agreeing to provide classes pursuant to this Agreement and does so of Provider's own
<br />free will.
<br />Provider intends to be legally bound by this assumption of risk, release and waiver and to
<br />bind Provider's heirs, personal representatives, next of kin and anyone who may make a claim on
<br />Provider's behalf. Provider knowingly releases and waives any and all claims that Provider may
<br />have or could have in the future and includes any claims resulting from potential exposure or actual
<br />exposure to COVID-19, this includes claims for personal injury, transmittal of COVID-19 to
<br />others, and/or wrongful death. Provider agrees to hold harmless, defend and indemnify the City,
<br />its public officials, officers, employees, volunteers, and agents from any and all claims for liability
<br />or damages, including those for exposure to or diagnosis with COVID-19 as a result of providing
<br />services pursuant to this Agreement.
<br />
|