Massachusetts Avenue Project (MAP) Indemnification and Waiver Agreement
THIS INDEMNIFICATION AND WAIVER AGREEMENT (this "Agreement") is made as of theday of 20 (the "Effective Date" by and between Massachusetts Avenue Project. a Buffalo, NY non-profit with a principal office at 387 Massachusetts Avenue. Buffalo, New York 14213 ("MAP"), and ("Volunteer"), a (please circle one) [corporation/ limited liability company/ community organization or individual] located at(Volunteer address)
WHEREAS, MAP owns and operates a building and farm at 387 Massachusetts Avenue, Buffalo, New York and additional land at 40-44 Winter Street (the "Properties") and as a condition to Volunteer's use and access to the Properties, MAP has requested that the volunteer execute this Agreement to place reasonable limitations on MAP's liability for on-site conditions.
The above named parties agree as follows:
1.To the fullest extent permitted by law, including the prohibitions of New York General Obligations Law
5-322.1, Invitee will indemnify. and hold harmless MAP. and each of their respective affiliates, directors, partners. shareholders, managers, members, representatives, agents, and employees (collectively the "MAP Indemnitees") from and against any and all claims, suits, liens, judgments, damages, losses and expenses, including reasonable legal fees and court costs and liability arising in whole or in part from any injury and/or death to an individual or damage to or loss of any property to the extent resulting from the acts, errors, omissions, breach, or default by the volunteer, or any license of the volunteer, in connection with Volunteer's use of an access to the Properties, excepting any claims, suits, liens, judgments. damages, losses and expenses solely caused by the gross negligence or intentional misconduct of a
2.To the extent allowable by law. the volunteer waives any claims it may have against any MAP Indemnitee as a result of the volunteer's use of and access to the Properties, and further releases all MAP Indemnitees from any and all liability for any such claims, except in the event a claim is due solely toany MAP Indemnitee's gross negligence or intentional misconduct.
3. IN NO EVENT SHALL MAP BE LIABLE FOR ANY INDIRECT. INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR TORT DAMAGES OF ANY NATURE OR KIND, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY IN CONNECTION WITH OR ARISING OUT OF THE USE OF AND ACCESS TO THE PROPERTIES HEREUNDER, EVEN IF MAP HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MAP BE LIABLE TO THE VOLUNTEER UNDER THIS AGREEMENT WITH RESPECT TO DAMAGES ARISING UNDER ANY CLAIMS OR AGGREGATE OF CLAIMS IN ANY AMOUNT WHICH EXCEEDS THE AGGREGATE AMOUNT