Assumption of Risk and Indemnity. CLIENT, FOR CLIENT AND CLIENT’S GUESTS, INVITEES, AGENTS, PERFORMERS, CONTRACTORS, AND VENDORS (COLLECTIVELY “CLIENT’S GUESTS”), ASSUMES ALL RISK OF PERSONAL INJURY TO, OR FOR ANY DAMAGE TO OR ANY LOSS OF PROPERTY OF, CLIENT OR CLIENT’S GUESTS, ARISING OUT OF, DURING OR RELATED TO THEIR USE OF THE SERVICES, THE VENUE. NEITHER PADRES NOR ANY OF ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, PADRES GP, LLC, PADRES, L.P., AS WELL AS IQHQ TRS EVE, LP, AND CBRE, SHALL BE LIABLE OR RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY TO ANY PERSON OR TO ANY PROPERTY OF CLIENT OR CLIENT’S GUESTS IN, ABOUT OR AROUND THE VENUE OR RaDD, RESULTING FROM ANY CAUSE WHATSOEVER, UNLESS SUCH LOSS, DAMAGE OR INJURY IS DUE TO PADRES’ GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. Client shall indemnify, defend and hold harmless Padres, all entities affiliated with Padres (“Affiliate”), including, without limitation, Padres GP, LLC, Padres, L.P., IQHQ TRS EVE, LP and CBRE and each of their respective members, partners, officers, directors, employees and agents (collectively, the “Indemnitees”) from and against all claims, demands, liabilities, losses, damages, costs and expenses arising out of or incident to or in connection with: (a) Client’s or Client’s officers, directors, employees, agents or vendors, actions, omissions to act, negligence, breach of any covenant contained in this Contract, or use or occupancy of the Venue or RaDD any part thereof; (b) Client’s Guests or Client’s Guest’s respective officers, directors, employees, agents or vendors, actions, omissions to act, negligence, breach of any covenant contained in this Contract, or use or occupancy of the Venue or RaDD any part thereof; or (c) Client’s or Client’s Guests’ failure to comply with any applicable law, rule, regulation, directive or order in respect of: (i) the activities to be conducted by Client or Client’s Guests in connection with the Event; or (ii) the general use of the Venue or RaDD or The Shell, including without limitation, hazardous material laws or laws concerning access by the disabled. All of the foregoing shall apply regardless of the fact that Padres may have provided the security personnel during the Event. The foregoing indemnity shall not apply to any claims, demands, liabilities, losses, damages, costs and expenses due to the gross negligence or willful misconduct of the Indemnitees, or any of them. The attorneys selected to defend Padres and such other Indemnitees shall be subject to the Indemnitees’ prior approval. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CLIENT HEREBY WAIVES, RELEASES, FOREVER DISCHARGES, AND COVENANTS NOT TO SUE THE RELEASED PARTIES FOR, AND THE RELEASED PARTIES SHALL NOT BE RESPONSIBLE FOR, ANY CLAIM, LIABILITY OR DEMAND OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY (INCLUDING, WITHOUT LIMITATION, FOR PERSONAL INJURY, DEATH OR PROPERTY DAMAGE) THAT MAY ARISE IN CONNECTION WITH, OR RELATE IN ANY WAY TO, EXPOSURE TO OR CONTRACTION OF COMMUNICABLE DISEASE (INCLUDING BUT NOT LIMITED TO ANY AIRBORNE, AEROSOLIZED OR SURFACE TRANSMISSIBLE COMMUNICALBE OR INFECTIOUS DISEASE, VIRUS, BACTERIA OR ILLNESS OR THE CAUSES THEREOF) BY CLIENT OR CLIENT’S GUESTS OR ANY OTHER INDIVIDUAL INFECTED BY CLIENT OR CLIENT’S GUESTS, INCLUDING, WITHOUT LIMITATION CLAIMS RESULTING FROM THE NEGLIGENCE OF THE RELEASED PARTIES AND/OR THE INHERENT RISKS ASSOCIATED WITH PARTICIPATION IN THE EVENT AND/OR BEING PRESENT AT THE VENUE A COMMUNICABLE DISEASE PANDEMIC. CLIENT FURTHER ACKNOWLEDGES AND AGREES THAT CLIENT IS FAMILIAR WITH AND DOES HEREBY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE (AND SIMILAR PROVISIONS OF OTHER JURISDICTIONS) WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
Appears in 3 contracts
Samples: Event Contract, Event Contract, Event Contract
Assumption of Risk and Indemnity. CLIENT, FOR CLIENT AND CLIENT’S GUESTS, INVITEES, AGENTS, PERFORMERS, CONTRACTORS, AND VENDORS (COLLECTIVELY “CLIENT’S GUESTS”), ASSUMES ALL RISK OF PERSONAL INJURY TO, OR FOR ANY DAMAGE TO OR ANY LOSS OF PROPERTY OF, CLIENT OR CLIENT’S 'S GUESTS, ARISING OUT OF, DURING OR RELATED TO THEIR USE OF THE SERVICES, THE VENUEVENUE OR FACILITIES OF THE SHELL. NEITHER PADRES NOR ANY OF ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, PADRES GP, LLC, PADRES, L.P., AS WELL AS IQHQ TRS EVETHE SHELL, LP, AND CBRETHE SAN DIEGO SYMPHONY ORCHESTRA ASSOCIATION OR THE SAN DIEGO UNIFIED PORT DISTRICT, SHALL BE LIABLE OR RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY TO ANY PERSON OR TO ANY PROPERTY OF CLIENT OR CLIENT’S GUESTS IN, ABOUT OR AROUND THE VENUE OR RaDDTHE SHELL, RESULTING FROM ANY CAUSE WHATSOEVER, UNLESS SUCH LOSS, DAMAGE OR INJURY IS DUE TO PADRES’ ' GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. Client shall indemnify, defend and hold harmless Padres, all entities affiliated with Padres (“Affiliate”), including, without limitation, Padres GP, LLC, Padres, L.P., IQHQ TRS EVEThe Shell, LP and CBRE The San Diego Symphony Orchestra Association, the San Diego Unified Port District and each of their respective members, partners, officers, directors, employees and agents (collectively, the “Indemnitees”) from and against all claims, demands, liabilities, losses, damages, costs and expenses arising out of or incident to or in connection with: (a) Client’s or Client’s officers, directors, employees, agents or vendors, actions, omissions to act, negligence, breach of any covenant contained in this Contract, or use or occupancy of the Venue or RaDD The Shell or any part thereof; (b) Client’s Guests or Client’s Guest’s respective officers, directors, employees, agents or vendors, actions, omissions to act, negligence, breach of any covenant contained in this Contract, or use or occupancy of the Venue or RaDD The Shell or any part thereof; or (c) Client’s or Client’s Guests’ failure to comply with any applicable law, rule, regulation, directive or order in respect of: (i) the activities to be conducted by Client or Client’s Guests in connection with the Event; or (ii) the general use of the Venue or RaDD or The Shell, including including, without limitation, hazardous material laws or laws concerning access by the disabled. All of the foregoing shall apply regardless of the fact that Padres may have provided the security personnel during the Event. The foregoing indemnity shall not apply to any claims, demands, liabilities, losses, damages, costs and expenses due to the gross negligence or willful misconduct of the Indemnitees, or any of them. The attorneys selected to defend Padres and such other Indemnitees shall be subject to the Indemnitees’ prior approval. In addition, this Section is an acknowledgement and express assumption of risk and release of liability in any way related to Client or Client’s Guests being exposed to or contracting COVID-19 (as defined by the World Health Organization) and any strains, variants, or mutations thereof, the coronavirus that causes COVID-19 and/or any other airborne, aerosolized or surface transmissible communicable and/or infectious diseases, viruses, bacteria or illnesses or the causes thereof (collectively, “Communicable Disease”), during or in connection with Client or Client’s Guests’ participation in the Event and/or presence at The Shell. By participating in the Event and/or being present at The Shell, Client acknowledges and expressly assumes the risk that Client or Client’s Guests may be exposed to Communicable Disease. Client expressly understands that the risks of exposure to Communicable Disease include contracting Communicable Disease and the associated dangers, medical complications (including death) and physical and mental injuries, both foreseen and unforeseen, that may result from contracting Communicable Disease. Client further acknowledges and understands that Client or Client’s Guests’ interaction with Event staff, participants and any other individuals present at The Shell poses an elevated, inherent risk of being exposed to and contracting Communicable Disease, that it cannot be guaranteed that Client or Client’s Guests will not be exposed to Communicable Disease, and that potential exposure to or contraction of Communicable Disease while participating in the Event and/or being present at The Shell are risks that cannot be eliminated. If infected with Communicable Disease, Client acknowledges and understands that Client or Client’s Guests may subsequently infect others, even if Client or Client’s Guests don’t experience or display any symptoms. In connection with the foregoing, Client agrees that Client or Client’s Guests will adhere to all testing procedures at the Venue. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CLIENT HEREBY WAIVES, RELEASES, FOREVER DISCHARGES, AND COVENANTS NOT TO SUE THE RELEASED PARTIES FOR, AND THE RELEASED PARTIES SHALL NOT BE RESPONSIBLE FOR, ANY CLAIM, LIABILITY OR DEMAND OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY (INCLUDING, WITHOUT LIMITATION, FOR PERSONAL INJURY, DEATH OR PROPERTY DAMAGE) THAT MAY ARISE IN CONNECTION WITH, OR RELATE IN ANY WAY TO, EXPOSURE TO OR CONTRACTION OF COMMUNICABLE DISEASE (INCLUDING BUT NOT LIMITED TO ANY AIRBORNE, AEROSOLIZED OR SURFACE TRANSMISSIBLE COMMUNICALBE OR INFECTIOUS DISEASE, VIRUS, BACTERIA OR ILLNESS OR THE CAUSES THEREOF) BY CLIENT OR CLIENT’S GUESTS OR ANY OTHER INDIVIDUAL INFECTED BY CLIENT OR CLIENT’S GUESTS, INCLUDING, WITHOUT LIMITATION CLAIMS RESULTING FROM THE NEGLIGENCE OF THE RELEASED PARTIES AND/OR THE INHERENT RISKS ASSOCIATED WITH PARTICIPATION IN THE EVENT AND/OR BEING PRESENT AT THE VENUE SHELL DURING A COMMUNICABLE DISEASE PANDEMIC. CLIENT FURTHER ACKNOWLEDGES AND AGREES THAT CLIENT IS FAMILIAR WITH AND DOES HEREBY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE (AND SIMILAR PROVISIONS OF OTHER JURISDICTIONS) WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
Appears in 1 contract
Samples: Event Contract
Assumption of Risk and Indemnity. CLIENT, FOR CLIENT AND CLIENT’S GUESTS, INVITEES, AGENTS, PERFORMERS, CONTRACTORS, AND VENDORS (COLLECTIVELY “CLIENT’S GUESTS”), ASSUMES ALL RISK OF PERSONAL INJURY TO, OR FOR ANY DAMAGE TO OR ANY LOSS OF PROPERTY OF, CLIENT OR CLIENT’S GUESTS, ARISING OUT OF, DURING OR RELATED TO THEIR USE OF THE SERVICES, THE VENUEVENUE OR FACILITIES OF PETCO PARK. NEITHER PADRES NOR ANY OF ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, PADRES GP, LLC, PADRES, L.P., AS WELL AS IQHQ TRS EVETHE CITY OF SAN DIEGO OR THE PUBLIC FACILITIES FINANCING AUTHORITY OF THE CITY OF SAN DIEGO, LP, AND CBREA CALIFORNIA JOINT POWERS AUTHORITY, SHALL BE LIABLE OR RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY TO ANY PERSON OR TO ANY PROPERTY OF CLIENT OR CLIENT’S GUESTS IN, ABOUT OR AROUND THE VENUE OR RaDDPETCO PARK, RESULTING FROM ANY CAUSE WHATSOEVER, UNLESS SUCH LOSS, DAMAGE OR INJURY IS DUE TO PADRES’ GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. Client shall indemnify, defend and hold harmless Padres, all entities affiliated with Padres (“Affiliate”), including, without limitation, Padres GP, LLC, Padres, L.P., IQHQ TRS EVE, LP and CBRE and each of their respective members, partners, officers, directors, employees and agents, the City of San Diego and the Public Facilities Financing Authority of the City of San Diego, a California Joint Powers Authority and each of their respective officers, directors, employees and agents (collectively, the “Indemnitees”) from and against all claims, demands, liabilities, losses, damages, costs and expenses arising out of or incident to or in connection with: (a) Client’s or Client’s officers, directors, employees, agents or vendors, actions, omissions to act, negligence, breach of any covenant contained in this Contract, or use or occupancy of the Venue or RaDD Petco Park or any part thereof; (b) Client’s Guests or Client’s Guest’s respective officers, directors, employees, agents or vendors, actions, omissions to act, negligence, breach of any covenant contained in this Contract, or use or occupancy of the Venue or RaDD Petco Park or any part thereof; or (c) Client’s or Client’s Guests’ failure to comply with any applicable law, rule, regulation, directive or order in respect of: (i) the activities to be conducted by Client or Client’s Guests in connection with the Event; or (ii) the general use of the Venue or RaDD or The Shell, Petco Park including without limitation, hazardous material laws or laws concerning access by the disabled. All of the foregoing shall apply regardless of the fact that Padres may have provided the security personnel during the Event. The foregoing indemnity shall not apply to any claims, demands, liabilities, losses, damages, costs and expenses due to the gross negligence or willful misconduct of the Indemnitees, or any of them. The attorneys selected to defend Padres and such other Indemnitees shall be subject to the Indemnitees’ prior approval. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CLIENT HEREBY WAIVES, RELEASES, FOREVER DISCHARGES, AND COVENANTS NOT TO SUE THE RELEASED PARTIES FOR, AND THE RELEASED PARTIES SHALL NOT BE RESPONSIBLE FOR, ANY CLAIM, LIABILITY OR DEMAND OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY (INCLUDING, WITHOUT LIMITATION, FOR PERSONAL INJURY, DEATH OR PROPERTY DAMAGE) THAT MAY ARISE IN CONNECTION WITH, OR RELATE IN ANY WAY TO, EXPOSURE TO OR CONTRACTION OF COMMUNICABLE DISEASE (INCLUDING BUT NOT LIMITED TO ANY AIRBORNE, AEROSOLIZED OR SURFACE TRANSMISSIBLE COMMUNICALBE OR INFECTIOUS DISEASE, VIRUS, BACTERIA OR ILLNESS OR THE CAUSES THEREOF) BY CLIENT OR CLIENT’S GUESTS OR ANY OTHER INDIVIDUAL INFECTED BY CLIENT OR CLIENT’S GUESTS, INCLUDING, WITHOUT LIMITATION CLAIMS RESULTING FROM THE NEGLIGENCE OF THE RELEASED PARTIES AND/OR THE INHERENT RISKS ASSOCIATED WITH PARTICIPATION IN THE EVENT AND/OR BEING PRESENT AT THE VENUE LEXUS PARKING LOT OR THE FACILITIES AT PETCO PARK DURING A COMMUNICABLE DISEASE PANDEMIC. CLIENT FURTHER ACKNOWLEDGES AND AGREES THAT CLIENT IS FAMILIAR WITH AND DOES HEREBY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE (AND SIMILAR PROVISIONS OF OTHER JURISDICTIONS) WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
Appears in 1 contract
Samples: Event Contract
Assumption of Risk and Indemnity. CLIENT, FOR CLIENT AND CLIENT’S GUESTS, INVITEES, AGENTS, PERFORMERS, CONTRACTORS, AND VENDORS (COLLECTIVELY “CLIENT’S GUESTS”), ASSUMES ALL RISK OF PERSONAL INJURY TO, OR FOR ANY DAMAGE TO OR ANY LOSS OF PROPERTY OF, CLIENT OR CLIENT’S GUESTS, ARISING OUT OF, DURING OR RELATED TO THEIR USE OF THE SERVICES, THE VENUEVENUE OR FACILITIES OF THE SHELL. NEITHER PADRES NOR ANY OF ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, PADRES GP, LLC, PADRES, L.P., AS WELL AS IQHQ TRS EVETHE SHELL, LP, AND CBRETHE SAN DIEGO SYMPHONY ORCHESTRA ASSOCIATION OR THE SAN DIEGO UNIFIED PORT DISTRICT, SHALL BE LIABLE OR RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY TO ANY PERSON OR TO ANY PROPERTY OF CLIENT OR CLIENT’S GUESTS IN, ABOUT OR AROUND THE VENUE OR RaDDTHE SHELL, RESULTING FROM ANY CAUSE WHATSOEVER, UNLESS SUCH LOSS, DAMAGE OR INJURY IS DUE TO PADRES’ GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. Client shall indemnify, defend and hold harmless Padres, all entities affiliated with Padres (“Affiliate”), including, without limitation, Padres GP, LLC, Padres, L.P., IQHQ TRS EVEThe Shell, LP and CBRE The San Diego Symphony Orchestra Association, the San Diego Unified Port District and each of their respective members, partners, officers, directors, employees and agents (collectively, the “Indemnitees”) from and against all claims, demands, liabilities, losses, damages, costs and expenses arising out of or incident to or in connection with: (a) Client’s or Client’s officers, directors, employees, agents or vendors, actions, omissions to act, negligence, breach of any covenant contained in this Contract, or use or occupancy of the Venue or RaDD The Shell or any part thereof; (b) Client’s Guests or Client’s Guest’s respective officers, directors, employees, agents or vendors, actions, omissions to act, negligence, breach of any covenant contained in this Contract, or use or occupancy of the Venue or RaDD The Shell or any part thereof; or (c) Client’s or Client’s Guests’ failure to comply with any applicable law, rule, regulation, directive or order in respect of: (i) the activities to be conducted by Client or Client’s Guests in connection with the Event; or (ii) the general use of the Venue or RaDD or The Shell, including without limitation, hazardous material laws or laws concerning access by the disabled. All of the foregoing shall apply regardless of the fact that Padres may have provided the security personnel during the Event. The foregoing indemnity shall not apply to any claims, demands, liabilities, losses, damages, costs and expenses due to the gross negligence or willful misconduct of the Indemnitees, or any of them. The attorneys selected to defend Padres and such other Indemnitees shall be subject to the Indemnitees’ prior approval. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CLIENT HEREBY WAIVES, RELEASES, FOREVER DISCHARGES, AND COVENANTS NOT TO SUE THE RELEASED PARTIES FOR, AND THE RELEASED PARTIES SHALL NOT BE RESPONSIBLE FOR, ANY CLAIM, LIABILITY OR DEMAND OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY (INCLUDING, WITHOUT LIMITATION, FOR PERSONAL INJURY, DEATH OR PROPERTY DAMAGE) THAT MAY ARISE IN CONNECTION WITH, OR RELATE IN ANY WAY TO, EXPOSURE TO OR CONTRACTION OF COMMUNICABLE DISEASE (INCLUDING BUT NOT LIMITED TO ANY AIRBORNE, AEROSOLIZED OR SURFACE TRANSMISSIBLE COMMUNICALBE OR INFECTIOUS DISEASE, VIRUS, BACTERIA OR ILLNESS OR THE CAUSES THEREOF) BY CLIENT OR CLIENT’S GUESTS OR ANY OTHER INDIVIDUAL INFECTED BY CLIENT OR CLIENT’S GUESTS, INCLUDING, WITHOUT LIMITATION CLAIMS RESULTING FROM THE NEGLIGENCE OF THE RELEASED PARTIES AND/OR THE INHERENT RISKS ASSOCIATED WITH PARTICIPATION IN THE EVENT AND/OR BEING PRESENT AT THE VENUE SHELL DURING A COMMUNICABLE DISEASE PANDEMIC. CLIENT FURTHER ACKNOWLEDGES AND AGREES THAT CLIENT IS FAMILIAR WITH AND DOES HEREBY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE (AND SIMILAR PROVISIONS OF OTHER JURISDICTIONS) WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
Appears in 1 contract
Samples: Event Contract
Assumption of Risk and Indemnity. CLIENT, FOR CLIENT AND CLIENT’S GUESTS, INVITEES, AGENTS, PERFORMERS, CONTRACTORS, AND VENDORS (COLLECTIVELY “CLIENT’S GUESTS”), ASSUMES ALL RISK OF PERSONAL INJURY TO, OR FOR ANY DAMAGE TO OR ANY LOSS OF PROPERTY OF, CLIENT OR CLIENT’S 'S GUESTS, ARISING OUT OF, DURING OR RELATED TO THEIR USE OF THE SERVICES, THE VENUEVENUE OR FACILITIES OF PETCO PARK. NEITHER PADRES NOR ANY OF ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, PADRES GP, LLC, PADRES, L.P., AS WELL AS IQHQ TRS EVETHE CITY OF SAN DIEGO OR THE PUBLIC FACILITIES FINANCING AUTHORITY OF THE CITY OF SAN DIEGO, LP, AND CBREA CALIFORNIA JOINT POWERS AUTHORITY, SHALL BE LIABLE OR RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY TO ANY PERSON OR TO ANY PROPERTY OF CLIENT OR CLIENT’S GUESTS IN, ABOUT OR AROUND THE VENUE OR RaDDPETCO PARK, RESULTING FROM ANY CAUSE WHATSOEVER, UNLESS SUCH LOSS, DAMAGE OR INJURY IS DUE TO PADRES’ GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. Client shall indemnify, defend and hold harmless Padres, all entities affiliated with Padres (“Affiliate”), including, without limitation, Padres GP, LLC, Padres, L.P., IQHQ TRS EVE, LP and CBRE and each of their respective members, partners, officers, directors, employees and agents, the City of San Diego and the Public Facilities Financing Authority of the City of San Diego, a California Joint Powers Authority and each of their respective officers, directors, employees and agents (collectively, the “Indemnitees”) from and against all claims, demands, liabilities, losses, damages, costs and expenses arising out of or incident to or in connection with: with (a) Client’s or Client’s officers, directors, employees, agents or vendors, actions, omissions to act, negligence, breach of any covenant contained in this Contract, or use or occupancy of the Venue or RaDD Petco Park or any part thereof; , (b) Client’s Guests or Client’s Guest’s respective officers, directors, employees, agents or vendors, actions, omissions to act, negligence, breach of any covenant contained in this Contract, or use or occupancy of the Venue or RaDD Petco Park or any part thereof; , or (c) Client’s or Client’s Guests’ failure to comply with any applicable law, rule, regulation, directive or order in respect of: (i) the activities to be conducted by Client or Client’s Guests in connection with the Event; , or (ii) the general use of the Venue or RaDD or The ShellPetco Park including, including without limitation, hazardous material laws or laws concerning access by the disabled. All of the foregoing shall apply regardless of the fact that Padres may have provided the security personnel during the Event. The foregoing indemnity shall not apply to any claims, demands, liabilities, losses, damages, costs and expenses due to the gross negligence or willful misconduct of the Indemnitees, or any of them. The attorneys selected to defend Padres and such other Indemnitees shall be subject to the Indemnitees’ prior approval. In addition, this Section is an acknowledgement and express assumption of risk and release of liability in any way related to Client or Client’s Guests being exposed to or contracting COVID-19 (as defined by the World Health Organization) and any strains, variants, or mutations thereof, the coronavirus that causes COVID-19 and/or any other airborne, aerosolized or surface transmissible communicable and/or infectious diseases, viruses, bacteria or illnesses or the causes thereof (collectively, “Communicable Disease”), during or in connection with Client or Client’s Guests’ participation in the Event and/or presence at the Lexus Parking Lot or the facilities at Petco Park. By participating in the Event and/or being present at the Lexus Parking Lot or the facilities at Petco Park, Client acknowledges and expressly assumes the risk that Client or Client’s Guests may be exposed to Communicable Disease. Client expressly understands that the risks of exposure to Communicable Disease include contracting Communicable Disease and the associated dangers, medical complications (including death) and physical and mental injuries, both foreseen and unforeseen, that may result from contracting Communicable Disease. Client further acknowledges and understands that Client or Client’s Guests’ interaction with Event staff, participants and any other individuals present at the Lexus Parking Lot or the facilities at Petco Park poses an elevated, inherent risk of being exposed to and contracting Communicable Disease, that it cannot be guaranteed that Client or Client’s Guests will not be exposed to Communicable Disease, and that potential exposure to or contraction of Communicable Disease while participating in the Event and/or being present at Petco Park are risks that cannot be eliminated. If infected with Communicable Disease, Client acknowledges and understands that Client or Client’s Guests may subsequently infect others, even if Client or Client’s Guests do not experience or display any symptoms. In connection with the foregoing, Client agrees that Client or Client’s Guests will not participate in the Event or be present at Petco Park if, within 14 days (or the number of days according to applicable guidelines) preceding the Event, Client or Client’s Guests (a) tested positive or presumptively positive for Communicable Disease or was identified as a potential carrier of Communicable Disease, (b) experienced any symptoms commonly associated with Communicable Disease, including, without limitation, fever, cough, loss of sense of taste or smell, or shortness of breath; (c) traveled to a country that is subject to a U.S. State Department Level 4 “Do Not Travel” Advisory or a CDC Level 3 Travel Health Notice (each, a “Prohibited Country”) and/or (d) was in direct contact with or the immediate vicinity of any person who is either confirmed or suspected of being infected with Communicable Disease or who has travelled to a Prohibited Country within 14 days (or the number of days according to applicable guidelines) preceding Client or Client’s Guests encounter with such person. Client further agrees that Client or Client’s Guests will submit to any health screening and/or Communicable Disease testing that may be required as a condition of Client or Client’s Guests participation in the Event and/or presence at the Lexus Parking Lot or the facilities at Petco Park. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CLIENT HEREBY WAIVES, RELEASES, FOREVER DISCHARGES, AND COVENANTS NOT TO SUE THE RELEASED PARTIES FOR, AND THE RELEASED PARTIES SHALL NOT BE RESPONSIBLE FOR, ANY CLAIM, LIABILITY OR DEMAND OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY (INCLUDING, WITHOUT LIMITATION, FOR PERSONAL INJURY, DEATH OR PROPERTY DAMAGE) THAT MAY ARISE IN CONNECTION WITH, OR RELATE IN ANY WAY TO, EXPOSURE TO OR CONTRACTION OF COMMUNICABLE DISEASE (INCLUDING BUT NOT LIMITED TO ANY AIRBORNE, AEROSOLIZED OR SURFACE TRANSMISSIBLE COMMUNICALBE OR INFECTIOUS DISEASE, VIRUS, BACTERIA OR ILLNESS OR THE CAUSES THEREOF) BY CLIENT OR CLIENT’S GUESTS OR ANY OTHER INDIVIDUAL INFECTED BY CLIENT OR CLIENT’S GUESTS, INCLUDING, WITHOUT LIMITATION CLAIMS RESULTING FROM THE NEGLIGENCE OF THE RELEASED PARTIES AND/OR THE INHERENT RISKS ASSOCIATED WITH PARTICIPATION IN THE EVENT AND/OR BEING PRESENT AT THE VENUE LEXUS PARKING LOT OR THE FACILITIES AT PETCO PARK DURING A COMMUNICABLE DISEASE PANDEMIC. CLIENT FURTHER ACKNOWLEDGES AND AGREES THAT CLIENT IS FAMILIAR WITH AND DOES HEREBY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE (AND SIMILAR PROVISIONS OF OTHER JURISDICTIONS) WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
Appears in 1 contract
Samples: Event Contract
