GENERAL RELEASE OF CLAIMS & HOLD HARMLESS AGREEMENT
Vendor agrees to indemnify, defend, save and hold harmless Ballet Folklorico Esperanza, Inc., the City of Avondale and its officers, officials, agents, volunteers, employees and festival sponsors (hereinafter referred to as “Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Vendor or any of its owners, officers, directors, agents, employees, volunteers or subcontractors. This indemnity includes any claim or amount arising out of or recovered under the Workers’ Compensation Law or arising out of the failure of such vendor to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by Vendor from and against any and all claims. It is agreed that Vendor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. In consideration of the award of vending rights, the Vendor agrees to waive all rights of subrogation against Ballet Folklorico Esperanza, Inc., the City of Avondale, its officers, officials, agents, volunteers, employees and festival sponsors for losses arising from the vending performed by the Vendor at the 2024 Dia De Los Muertos Festival. Ballet Folklorico Esperanza, Inc., the City of Avondale, and the City of Avondale Police Department reserve the right to remove any misrepresented or inappropriate material or persons from any Ballet Folklorico Esperanza, Inc. and the City of Avondale event, including but not limited to, Avondale Goodyear Farms Historic Cemetery.