The undersigned (the “FACILITY USER”), both individually and on behalf of the above named applicant, agrees to indemnify, defend and hold the City of Irvine, its affiliated facilities, and their governing boards, affiliates, subsidiaries, divisions, administrators, directors, officers, employees, agents, and volunteers (collectively referred to herein as the “CITY”) harmless and free from any liability of any nature, including, but not limited to, liability for damage, illness, or injury to any persons or property, costs and attorney's fees, arising out of or in connection with the use of CITY recreational facilities regardless of whether the CITY was actively or passively negligent, either solely or contributory in connection with such liability.
In addition, the FACILITY USER agrees to the following with regards to public health and safety:
1. The FACILITY USER agrees to strictly, and without exception, follow: 1) all local, state, and federal guidelines regarding human protection of disease outbreaks and other such types of public health emergencies, including but not limited to the SARS CoV 2 virus (“Coronavirus”); 2) the CITY OF IRVINE’s Athletics Facilities and Reservation and Fee Policies; and 3) Rules and Guidelines listed on facility use permits (the “Guidelines and Policies”).
2. The FACILITY USER shall not hold the event and shall cancel the event if all the Guidelines and Policies will not, are not, or cannot be met before, during, or after the event.
3. The FACILITY USER shall stop the event immediately and send all invitees/participants away if they are observed not to be meeting all the required Guidelines and Policies.
4. The CITY may terminate the FACILITY USER’s use of the facility at any time if, in the sole discretion of the CITY, the CITY determines that the FACILITY USER or their invitees/participants are not in full compliance with the Guidelines and Policies. If the CITY terminates the FACILITY USER’s use of the CITY facility pursuant to this paragraph, the FACILITY USER will be not be entitled to a refund of any fees and/or deposits and FACILITY USER will not be entitled to recover any consequential damages arising from such termination.
5. The CITY makes no representation regarding the condition of the facility in use. It shall be the FACILITY USER’s sole responsibility check and monitor the condition of the facility, report to the CITY any questions or concerns with the condition of the follow, and to follow appropriate Guidelines and Policies.
6. Assumption of Risk. FACILITY USER assumes all risks, known and unknown, arising from Your use and occupancy of the CITY facility, including risks from the Coronavirus or any other type of disease outbreak or public health emergency. FACILITY USER assumes full responsibility for any illness, sickness, hospitalization, bodily injury, death, loss of personal property, quarantines, and all related costs and expenses of any person arising from Your use and occupancy of the CITY facility. (“Your” is defined herein as the FACILITY USER and each of their employees, CITY facility invitees, participants, volunteers, students, members, and all other related persons, agents, and entities.)
7. Waiver and Release of Claims. To the fullest extent permitted by law, FACILITY USER releases the CITY (as defined above), from and against all claims and causes of action, for any injury or harm of any kind which may arise from or out of Your use and occupancy of the CITY facility, including the risks from Coronavirus or any other type of disease outbreak or public health emergency. This release is intended to discharge the CITY against any and all liability arising out of or connected in any way with Your use and occupancy of the CITY facility, even though that liability may occur or arise out of the negligence or carelessness on the part of the CITY. FACILITY USER understands that by signing this Agreement, FACILITY USER is releasing claims and giving up substantial rights, including the right to sue, and acknowledge that FACILITY USER is doing so voluntarily. No representations, statements, or inducements, oral or written, apart from the foregoing written statement, have been made.
8. INDEMNIFICATION. TO THE FULLEST EXTENT PERMITTED BY LAW, ON BEHALF OF MYSELF AND MY ORGANIZATION, FACILITY USER AGREES TO IMMEDIATELY DEFEND, INDEMNIFY, AND HOLD THE CITY (AS DEFINED ABOVE) FREE AND HARMLESS FROM ANY LOSS, DAMAGE, LIABILITY, OR EXPENSE THAT MAY ARISE IN WHOLE OR IN PART FROM THE APPLICATION AND AGREEMENT FOR THE USE OF FACILITIES AND THE USE OF FACILITIES INCLUDING AS IT RELATES TO ANY EXPOSURE TO ANY DISEASE OUTBREAKS OR OTHER SUCH TYPES OF PUBLIC HEALTH EMERGENCIES. THE DEFENSE AND INDEMNITY OBLIGATIONS UNDER THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE CITY OR ANY OTHER PERSON OR ENTITY’S ACTIVE OR PASSIVE NEGLIGENCE.
I certify that we have received and read the rules, regulations and insurance requirements outlined in the Guidelines and Policies.
Athletics Facility Reservation Policy
I, the undersigned, do hereby agree that we will abide by the policies governing the use of this facility and will be responsible for any damages to the facility, furniture, or equipment caused by our occupancy of the premises. I understand that any violation of the alcohol use permit policies will result in immediate termination of our event. I also understand that falsification of any information related to this application is a violation of City Ordinance No. 113, subject to penalties stated therein.
RESERVATION IS VALID ONLY UPON RECEIPT OF WRITTEN CONFIRMATION, AND ISSUANCE OF A FACILITY USE PERMIT.
I acknowledge and agree to all of these terms and I fully understand my responsibility to adhere to all the Guidelines and Policies and instruction during the use of the CITY facility.
I agree to electronically sign and to create a legally binding contract between the other party and myself, or the entity I am authorized to represent.