In consideration of the granting of a Special Events Permit, the Applicant, agrees and accepts to use the premises, lands and equipment, being in particular “the Facilities or location”. The Applicant hereby agrees as follows:
a) The City of Fredericton and its elected officials, directors, officers, employees, servants, agents, heirs, successors and assigns (hereinafter referred to as “the Releasees”) have not made any warranties or representations respecting the suitability of condition of the premises;
b) The Applicant waives any and all claims that it has or may have in the future against the Releasees;
c) The Applicant holds harmless and indemnifies the Releasees from and against any and all claims whatsoever, including all damages, liabilities, expenses, costs including legal or other fees incurred in respect of any such claim(s) or any action(s) or proceeding(s) brought thereon arising directly or indirectly from or in connection with the granting of this Release and uses of the Facilities;
d) The Applicant holds harmless and indemnifies the Releasees from any and all liability for damage to property of, or personal injury to, any third party, resulting from the Applicant’s use of the Facilities;
e) This Release shall be effective and binding upon the Applicant’s heirs, next of kin, executors, administrators, assigns and representatives in the event of the Applicant’s death or incapacity; and
f) The Applicant is not relying on any oral or written representations or statements made by the Releases other than what is set forth in this Release.
Required Insurance:
Prior to the execution of this Release, the Applicant will obtain and maintain comprehensive general liability insurance including participants insurance, without limitation, coverage for the indemnity provided herein, on terms satisfactory to the City of Fredericton. The City of Fredericton is to be included as a named insured. Such policy will be written on a comprehensive basis with inclusive limits of not less than Two Million Dollars ($2,000,000.00) per occurrence including Two Million Dollars ($2,000,000.00) for bodily injury and/or death to any one or more persons including voluntary medical payments and property damage or such higher limits as the City of Fredericton may require from time to time. If the event involves the sale, distribution or consumption of alcohol then the insurance limit shall be no less than Five Million Dollars ($5,000,000.00). The policy will also contain a clause providing that the insurer will give the City of Fredericton thirty (30) days prior written notice in the event of cancellation or material change. The Applicant will provide the City of Fredericton with evidence of such insurance coverage in the form of an executed copy of a Certificate of Insurance in a form satisfactory to the Municipality thirty (30) days prior to the event date.
It is the sole responsibility of the Applicant to determine what additional insurance coverage, if any, are necessary and advisable for its own protection and/or to fulfill its obligations under this Release. Any such additional insurance shall be maintained and provided at the sole expense of the Applicant.
The Applicant understands and agrees that this Release may be revoked and cancelled at any time with or without cause.
This Release shall be used as a full defence to any and all claims, actions or proceedings which may result or arise from the use of the Facilities or location.
This Release and any rights, duties and obligations as between the parties to this Release shall be governed by and interpreted solely in accordance with the laws of the Province of New Brunswick and no other jurisdiction. Any litigation involving the parties to this Release shall be brought solely within the Province of New Brunswick and shall be within the exclusive jurisdiction of the courts of the Province of New Brunswick.
If the Applicant represents a group or organization, the Applicant agrees to inform all responsible officials associated with the group or organization of the terms and conditions of the Release.
I acknowledge that I have read and understood the terms and conditions contained in this Release and will comply with the said document. I warrant and represent that I have the authority and capacity to bind the Applicant with my signature.