City of Victor Indemnification, Release and Reimbursement Agreement

WHEREAS, the City of Victor (“City”) has established a policy for regulating the issuance of Special Event Permits and park shelter and field space reservations, and;

WHEREAS, said policy requires persons wishing to hold a Special Event or reserve a park shelter or field space to: (1) indemnify the City of Victor for any injuries and damages caused by the event; and (2) agree to reimburse the City of Victor for City service expenses incurred in conjunction with the Special Event, and;

WHEREAS, the undersigned applicant has filed an application to conduct a Special Event or reserve a park shelter or field space in the City.

NOW THEREFORE, the City of Victor and the undersigned applicant (“Applicant”) hereby agree as follows.

1. Indemnification and Release. The Applicant hereby indemnifies, holds harmless, and releases the City its officers, agents, employees, successors or assigns, from and against any and all losses, debts, actions, judgments, claims, demands, liabilities, expenses, costs, injuries and/or damages to persons or property occurring in connection with the Special Event or reservation of a park shelter or field space.

2. Damage to City Property. The Applicant shall pay for any and all damage to City property, or loss or theft of such property, done or caused by Applicant. City assumes no responsibility whatsoever for any property placed on the premises by Applicant. Applicant further agrees to waive all rights of subrogation against City. This provision does not apply to any damage or loss caused solely by the negligence of the City or any of its agents or employees.

3. Reimbursement For City Services. The Applicant shall reimburse the City for any costs incurred in conjunction with the Special Event. City services include the cost of public works department employees and related City equipment costs to clean up after the event if the site is not left as it was at the inception of the event.

4. Procedure for Reimbursement. In the event any reimbursement is requested, one week following the event the City Clerk shall mail an invoice to the Special Event Permit holder. The fee will be due within 30 days of receiving the invoice. All balances over 30 days are subject to interest of 1 1⁄2 % per month.

5. City Ordinances. The Applicant agrees to abide by all City ordinances, rules, and regulations, including but not limited to the Victor City Sewer Ordinance which limits the amount of an type of discharge that may be made into the City's sewer system.

6. Events During COVID-19. All special events taking place on public property in the City must follow COVID-19 Safety Guidelines. Applicants must submit a COVID plan to the City to address how they will comply with the COVID-19 Safety Guidelines for approval before a contract can be executed or an event application approved. DUE TO THE CONTINUOUS CHANGES WITH COVID-19 GUIDANCE, THE CITY OF VCITOR MAY REQUIRE ADDITIONAL SAFETY REGULATIONS AND MAY CANCEL YOUR EVENT AT ANY TIME FOR SAFETY REASONS.

7. COVID-19 Indemnification. Applicant acknowledges the contagious nature of COVID-19 and voluntarily assumes the risk of being exposed to infected by COVID-19 by proceeding with the event on and that such exposure or infection may result in personal injury, illness, permanent disability, and death. The Applicant further acknowledges and agrees to accept sole responsibility for any injury (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, to you or those with whom you come into close contact (including your household members). Applicant hereby releases, covenants not to sue, discharges, and hold harmless the City, its officers, agents, employees, successors or assigns, from any Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. Initials: _______

8. Miscellaneous Provisions.

   1. Waiver. One or more waivers by either party of any provisions, term or condition of this Agreement shall not be construed by either party as a waiver of a subsequent breach of the same by the other party.

   2. Severability. In the event any provisions of this contract shall be held to be invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties.

   3. Governing Law. This Agreement shall be governed and construed in accordance with the law of the State of Idaho.

   4. Entire Agreement. This Agreement constitutes the entire Indemnifications and Reimbursement Agreement between the parties, and any change, amendment, or modification must be made in writing and executed by both parties.