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Item 16 - Agreement for Park Host at Thornton Park
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Item 16 - Agreement for Park Host at Thornton Park
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11/13/2024 5:05:26 PM
Creation date
11/13/2024 10:28:57 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Parks, Recreation, & Community Services
Item #
16
Date
11/19/2024
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subsidiaries and affiliates ("Covered Parties") from and against any <br />and all actions, suits, claims, demands, judgments, losses, <br />expenses, or liabilities, injuries and damages to persons and <br />property, including death, arising out of or related to my use of the <br />City Trailer Site, the entry by any Party on the City Trailer Site and <br />City Trailer, or my breach or default in the performance of any of <br />its obligations under this Agreement; except for any claims arising <br />solely from the negligence or willful misconduct of a Covered <br />Party. If any action or proceeding is brought against any Covered <br />Party by reason of any such claim, I, upon receipt of written notice <br />from Covered Party, agree to defend the same at my expense with <br />legal counsel reasonably acceptable to Covered Party. Provision <br />of services shall not be a condition precedent to recovery under <br />any indemnification in this Agreement, and a finding of liability or <br />an obligation to indemnify shall not be a condition precedent to the <br />duty to defend. The provisions of this Section 12 shall survive the <br />termination or expiration of this Agreement. <br />13. Injury. I agree to release the City from any claim that may arise <br />as a result of any first aid treatment or other medical services that I <br />receive in connection with my service as a volunteer with the City. <br />If I am injured while volunteering as a Park Host, I authorize any <br />physician licensed in California to provide the emergency <br />treatment he or she believes, in his or her sole judgment is <br />necessary. I also fully understand that the City does not assume <br />any responsibility or obligation to provide financial assistance or <br />other assistance, including but not limited to medical, health or <br />disability insurance, in the event of injury, illness, death or property <br />damage. Notwithstanding any other provision of this Agreement, <br />IN NO EVENT SHALL THE CITY BE LIABLE, REGARDLESS OF <br />WHETHER ANY CLAIM IS BASED ON CONTRACT OR TORT, <br />FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR <br />INCIDENTAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, <br />LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH <br />THIS AGREEMENT OR THE SERVICES PERFORMED IN <br />CONNECTION WITH THIS AGREEMENT. <br />14. Video and Photo. I understand that the City may photograph or <br />videotape activities that I am participating in. I give my permission <br />for the City to use photographs or videotape of me for the purpose <br />Page 4 of 3 <br />
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