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DocuSign Envelope ID: CB479571-74E8-4DCC-8FO7-F71D3249C902 <br />Page 4 <br />(3) obtain such insurance coverage and deduct premiums for same from any sums due or which <br />become due to contractor/renter under the terms of this contract <br />2. Primary Coverage - The contractor/renter's insurance coverage shall be primary and any <br />separate coverage or protection available to the fair or any other additional insured shall be <br />secondary. <br />3. Contractor's Responsibility - Nothing herein shall be construed as limiting in any way the <br />extent to which contractor/renter may be held responsible for damages resulting from <br />contractor/renter's operations, acts, omissions or negligence. Insurance coverage obtained in <br />the minimum amounts specified above shall not relieve contractor/renter of liability in excess <br />of such minimum coverage, nor shall it preclude the fair from taking other actions available <br />to it under contract documents or by law, including, but not limited to, actions pursuant to <br />contractor/renter's indemnity obligations. The contractor/renter indemnity obligations shall <br />survive the expiration, termination or assignment of this contract. <br />4, Certified Copies of Policies - Upon request by fair, contractor/ranter shall immediately furnish <br />a complete copy of any policy required hereunder, with said copy certified by the underwriter to <br />be a true and correct copy of the original policy, Fairtirne Carnival Ride contractors must <br />submit copies of actual liability insurance policies, certified by an underwriter, to California <br />Fair Services Authority (CFSA). <br />III. Participant Waivers <br />1. For hazardous participant events (see subsection 4, below), the contractor/renter agrees to <br />obtain a properly executed release and waiver of liability agreement (Form required by <br />contractor/renter's insurance company or CFSA Release and Waiver Form) from each <br />participant prior to his/her participation in the events sponsored by contractor/renter. <br />2. Contractor/renter shall ensure that any party renting space from the contractor/renter with, or <br />for, hazardous participant events (see subsection 4. below) obtains a properly executed release <br />and waiver of liability agreement (Form required by contractor/renter's insurance company or <br />CFSA Release and Waiver Form) from each participant prior to his/her participation in the <br />events and provides a copy to the contractor/renter. <br />3. The contractor/renter shall provide copies of all executed release and waiver of liability <br />agreements required under subsections 1. and 2, above to the Fair at the end of the rental <br />agreement. <br />4. Hazardous participant events include, but are not limited to, any event within the following <br />broad categories: Athletic Team Events; Equestrian -related Events; Extreme Attractions; <br />Freefall Attractions; Mechanical Bulls; Simulators; Motorized Events; Rodeo Events; and <br />Wheeled Events, including bicycle, skates, skateboard, or scooter. Contact California Fair <br />Services Authority, Risk Management Department at (916) 921-2213 for further information <br />and for CFSA Release and Waiver Form. <br />Revised Eff. January 1, 2023 <br />