Common use of Waiver of Liability and Indemnification Clause in Contracts

Waiver of Liability and Indemnification. Contractor hereby assumes all responsibility for, and risks and hazards of or related to, its involvement in the activities that it is scheduled to instruct for the City of Alpharetta. In consideration of the City of Alpharetta providing permission to use City facilities and resources to conduct Contractor’s program(s), Contractor, and all officers, employees, agents, and sub- contractors of Contractor who may perform work for Contractor under the terms of this contract, do hereby agree to indemnify and hold harmless the City of Alpharetta, including all of its officials, officers, employees, agents, sponsors, organizers, supervisors, volunteers, and participants, of any and all claims, demands, liabilities, losses, expenses (including expenses of litigation and attorney’s fees), and causes of action of whatever kind and nature (“Claims”), including, but not limited to, Claims for injury to person or property, arising out of or related to Contractor’s performance of the services and activities provided hereunder; provided, however, that this indemnification obligation shall not apply to any Claims arising from the sole negligence of the City. Nothing in this Section or this Contract shall be deemed to constitute a waiver of the City's sovereign immunity, create rights in any third party, or create any third party beneficiaries. Contractor hereby gives the City of Alpharetta permission to take photographs of Contractor or photographs in which Contractor may be involved with others without compensation to Contractor. These photographs may be used by the City for promotional and information purposed in print, on the City website and in other media. Contractor hereby acknowledges that it has been made aware of Georgia’s Child Abuse Reporting Law (O.C.G.A. § 19-7-5), that it will complete training as provided by the City, and that it will adhere to the requirements of the law. Contractor understands that it is its responsibility to inform its sub-contractors of the law and their role as it pertains to them, and will verify same in writing to City officials. Signature: Name (Print/Type): Date: Contractor Name: Program: EXHIBIT “B” STATE OF GEORGIA COUNTY OF XXXXXX CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Alpharetta, Georgia, has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , 2022, in (city), (state). Name of Contractor Name of Project City of Alpharetta, Georgia Name of Public Employer Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 2022. NOTARY PUBLIC [NOTARY SEAL]

Waiver of Liability and Indemnification. Contractor hereby assumes all responsibility for, and risks and hazards of or related to, its involvement in the activities that it is scheduled to instruct for the City of Alpharetta. In consideration of the City of Alpharetta providing permission to use City facilities and resources to conduct Contractor’s program(s), Contractor, and all officers, employees, agents, and sub- sub-contractors of Contractor who may perform work for Contractor under the terms of this contract, do hereby agree to indemnify and hold harmless the City of Alpharetta, including all of its officials, officers, employees, agents, sponsors, organizers, supervisors, volunteers, and participants, of any and all claims, demands, liabilities, losses, expenses (including expenses of litigation and attorney’s fees), and causes of action of whatever kind and nature (“Claims”), including, but not limited to, Claims for injury to person or property, arising out of or related to Contractor’s performance of the services and activities provided hereunder; provided, however, that this indemnification obligation shall not apply to any Claims arising from the sole negligence of the City. Nothing in this Section or this Contract shall be deemed to constitute a waiver of the City's sovereign immunity, create rights in any third party, or create any third party beneficiaries. Contractor hereby gives the City of Alpharetta permission to take photographs of Contractor or photographs in which Contractor may be involved with others without compensation to Contractor. These photographs may be used by the City for promotional and information purposed in print, on the City website and in other media. Contractor hereby acknowledges that it has been made aware of Georgia’s Child Abuse Reporting Law (O.C.G.A. § 19-7-5), that it will complete training as provided by the City, and that it will adhere to the requirements of the law. Contractor understands that it is its responsibility to inform its sub-contractors of the law and their role as it pertains to them, and will verify same in writing to City officials. Signature: Name (Print/Type): Date: Contractor Name: Program: EXHIBIT shall be required to have any and all individuals performing instructor services on its behalf to execute the Liability Waiver and Release Form attached hereto as Exhibit “BA” STATE OF GEORGIA COUNTY OF XXXXXX CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical prior to their performance of any instructor services on behalf of the City of Alpharetta, Georgia, has registered with, is authorized pursuant to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91this Contract. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as followsCONTRACT DATES: Federal Work Authorization User Identification Number Date of Authorization I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , 2022, in (city), (state). Name of Contractor Name of Project City of Alpharetta, Georgia Name of Public Employer Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 2022. NOTARY PUBLIC [NOTARY SEAL]November 2022- June 2023

Waiver of Liability and Indemnification. Contractor hereby assumes all responsibility for, and risks and hazards of or related to, its involvement in the activities that it is scheduled to instruct for the City of Alpharetta. In consideration of the City of Alpharetta providing permission to use City facilities and resources to conduct Contractor’s program(s), Contractor, and all officers, employees, agents, and sub- sub-contractors of Contractor who may perform work for Contractor under the terms of this contract, do hereby agree to indemnify and hold harmless the City of Alpharetta, including all of its officials, officers, employees, agents, sponsors, organizers, supervisors, volunteers, and participants, of any and all claims, demands, liabilities, losses, expenses (including expenses of litigation and attorney’s fees), and causes of action of whatever kind and nature (“Claims”), including, but not limited to, Claims for injury to person or property, arising out of or related to Contractor’s performance of the services and activities provided hereunder; provided, however, that this indemnification obligation shall not apply to any Claims arising from the sole negligence of the City. Nothing in this Section or this Contract shall be deemed to constitute a waiver of the City's sovereign immunity, create rights in any third party, or create any third party beneficiaries. Contractor hereby gives the City of Alpharetta permission to take photographs of Contractor or photographs in which Contractor may be involved with others without compensation to Contractor. These photographs may be used by the City for promotional and information purposed in print, on the City website and in other media. Contractor hereby acknowledges that it has been made aware of Georgia’s Child Abuse Reporting Law (O.C.G.A. § 19-7-5), that it will complete training as provided by the City, and that it will adhere to the requirements of the law. Contractor understands that it is its responsibility to inform its sub-contractors of the law and their role as it pertains to them, and will verify same in writing to City officials. Signature: Name (Print/Type): Date: Contractor Name: Program: EXHIBIT shall be required to have any and all individuals performing instructor services on its behalf to execute the Liability Waiver and Release Form attached hereto as Exhibit “BA” STATE OF GEORGIA COUNTY OF XXXXXX CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical prior to their performance of any instructor services on behalf of the City of Alpharetta, Georgia, has registered with, is authorized pursuant to use and uses the federal work authorization program commonly known as Ethis Contract. CONTRACT DATES: November 2022-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , 2022, in (city), (state). Name of Contractor Name of Project City of Alpharetta, Georgia Name of Public Employer Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 2022. NOTARY PUBLIC [NOTARY SEAL]June 2023