The individual named below (referred to as "I" or "me") is a friend of Bigelow Laboratory for Ocean Sciences, a non-profit corporation organized under the laws of the State of Maine (“Bigelow”), who desires to use the docks, moorings, and/or related waterfront facilities of Bigelow (collectively, the “Bigelow Waterfront Facilities” or the “Facilities”) for the occasional and temporary parking of watercraft in order to access the facilities of Bigelow for meetings, presentations, and similar events related to Bigelow’s mission. As lawful consideration for my use of the Bigelow Waterfront Facilities and for the intangible value that I will gain by participating in the events at Bigelow, I agree to all the terms and conditions set forth in this agreement (this "Agreement").
I am aware and understand that use of docks and other waterfront facilities in general and the Bigelow Waterfront Facilities in particular are dangerous activities and involve the risk of serious injury and/or death and/or property damage. I am aware that the Facilities are not generally open to the public and are not recreational facilities. I am aware that Bigelow furnishes no life guards or other personnel whatsoever to supervise the use of the Facilities. I understand that I am responsible for making my own assessment of the adequacy and safety of the Facilities for my watercraft and its occupants and that I am responsible for safely docking or mooring my watercraft and facilitating the safe passage of all occupants of my watercraft to land. I acknowledge that Bigelow does not have emergency response facilities and that any injuries that I and the occupants of my watercraft sustain may be compounded by inadequate rescue facilities of Bigelow. I acknowledge that I am voluntarily using the Facilities with knowledge of the risks and danger involved and hereby agree to accept and assume any and all risks of injury, death, or property damage, whether caused by the negligence of Bigelow or otherwise.
I hereby expressly waive and release any and all claims, now known or hereafter known in any jurisdiction throughout the world, against Bigelow, and its officers, directors, employees, agents, affiliates, successors, and assigns (collectively, "Releasees"), on account of injury, death, or property damage arising out of or attributable to my use of the Bigelow Waterfront, whether arising out of the negligence of Bigelow or any Releasees or otherwise. I covenant not to make or bring any such claim against Bigelow or any other Releasee, and forever release and discharge Bigelow and all other Releasees from liability under such claims.
I shall defend, indemnify, and hold harmless Bigelow and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out or resulting from any claim of a third party related to my use of the Facilities.
Upon request, I shall provide to Bigelow a certificate of comprehensive general liability insurance whereby the Releasees are added as named insureds to the policy insuring me and Bigelow against all risks of personal or bodily injury and property damage and loss and consequential loss arising out of my use of the Facilities. Such insurance: (i) shall cover contractual liability including that arising out of the indemnity granted by this agreement; (ii) shall be first loss (primary insurance) with a minimum one million dollar limit of liability for each claim and in the aggregate; (iii) and shall not be cancelable against the interest of the Releasees as insureds except after ten days prior written notice to the Releasees sent to them by registered mail directed to the Bigelow Laboratory for Ocean Sciences, 60 Bigelow Dr., East Boothbay, ME 04544, Attn.: President and CEO.
I acknowledge and understand that I have no right to use the Facilities and that Bigelow may at any time in its sole discretion for any reason, or for no reason, deny me permission to use the Facilities. Further, I agree to abide by any and all rules and policies that exist or the Bigelow may adopt relating to use of the Facilities.
This Agreement constitutes the sole and entire agreement of Bigelow and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of Bigelow and me and their respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Maine without giving effect to any choice or conflict of law provision or rule (whether of the State of Maine or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Portland, Maine and I hereby consent to the exclusive jurisdiction of such courts.