Waiver of Liability, Assumption of Risk, and Indemnity Agreement
Waiver: In consideration of permission to use today and on all future dates the property, facilities, staff, equipment, and services of the City of Hopewell, I, for myself, my heirs, personal representatives or assigns, do hereby waive, release, forever discharge, and covenant not to sue the City of Hopewell, its elected officials, directors, officers, employees, managers, agents, contractors, consultants, representatives, volunteers, attorneys, insurers and agents from any and all liability and all claims, actions, causes of action, costs, expenses and demands, including negligence resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, use of City of Hopewell property for the purpose of organizing any event in which I act as the event organizer.
Assumption of Risks: I specifically acknowledge this use of City of Hopewell property, facilities, staff, equipment, and/or services carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. As the event organizer, I understand that I am solely responsible for the actions and safety of all event attendees, guests, workers, contractors, vendors, private organizations, heirs, and other associated parties involved with the previously described event and I assume all liability for any death, disability, personal injury, property damage, property theft or actions, including any alleged or actual negligent act or omission, that result directly or indirectly from the previously described event. I agree to uphold and enforce all applicable local, state, and federal regulations as they pertain to the previously described event. I understand that I have read the previous paragraphs and I know, understand, and appreciate these and other risks that are inherent in the administration of a special event on City of Hopewell property. I hereby assert that my participation is voluntary and that I knowingly assume all such risks.
Defend, Indemnification and Hold Harmless: I agree to DEFEND, INDEMNIFY, AND HOLD HARMLESS The City of Hopewell from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, or causes of action whatsoever, including attorney’s fees, arising out of any damage, loss, personal injury suffered or sustained by me in connection with, or arising out of, or resulting from any and all of the activities contemplated by this Agreement, regardless of whether the risk is inherent, or is unrelated to risks inherent to the activity, including any such claims which allege negligent acts or omissions on the part of the City of Hopewell or any of its agents, employees, servants, or representatives from any claims brought against it. I agree that I AM ULTIMATELY RESPONSIBLE FOR MY OWN SAFETY during my use of this facility and throughout the administration of any event for which I serve as the coordinator, planner, administrator, safety officer, or any other related role.
Severability: The undersigned further expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law of the State of Virginia and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Acknowledgment of Understanding: I HAVE READ THIS WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE. I ACKNOWLEDGE THAT I AM SIGNING THE AGREEMENT FREELY
