In voluntarily executing this Waiver, Release and Indemnity Agreement (the “Agreement”) for the use of the City of McKinney’s (the “City”) Block Party Trailer and the associated equipment, accessories, and other property contained therein (the “Trailer”), User does hereby agree to the following:
By requesting use of the Trailer, User agrees to assume responsibility to receive the Trailer upon delivery and return the Trailer to the City at the designated Dates and Times listed herein. Upon delivery of the Trailer, User agrees to inspect the Trailer and report any defects or damage to the City prior to User’s acceptance of the Trailer for use. User further agrees to return the Trailer to the City in the same condition in which it was received, save for ordinary wear and tear which may occur. User further agrees to report to the City any damage to the Trailer which occurs while in User’s possession.
By signing this Agreement, User does hereby agree to assume for both User and those persons whom User permits to utilize the Trailer all risks related to the use of the Trailer, including but not limited to property damage and personal injury resulting from the acts of third parties, whether caused by errors, omissions, or negligent acts of third parties or of User; property damage, and personal injury sustained by User resulting from User’s activities, errors, omissions, or negligent acts; property damage and personal injury to others resulting from User’s activities, errors, omissions or negligent acts.
User agrees to defend, indemnify, and hold the City and its respective officers, agents, and employees, harmless against any and all claims, lawsuits, judgments, fines, penalties, costs, and expenses for personal injury (including death), property damage or other harm or violations for which recovery of damages, fines, or penalties is sought, suffered by any person or persons, that may arise out of or be occasioned by breach of any of the terms or provisions of this Agreement, violation of law, or by any negligent, grossly negligent, intentional, or strictly liable act or omission or such act or omission by me or any other persons with regard to or in connection with this Agreement. The indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence of the City, and its officers, agents, employees, or separate contractors. The City does not waive any governmental immunity or other defenses available to it under Texas or federal law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity.
User acknowledges that the Trailer is only to be used for community building events. Therefore, any event for which the Trailer is used must be open to the community and/or neighborhood in which the event is held. User is prohibited from utilizing the Trailer for private events such as birthday parties and graduation parties. Failure to respect the intended purpose of the Trailer may result in loss of reservation privileges. User agrees also to obtain all necessary permits before hosting any event.