Release Of Liability, Hold Harmless, And Indemnity Agreement And Assumption Of Responsibility:
5) The Member Club applicant acknowledges, understands, and agrees to defend (at USPA’s request), indemnify and hold harmless USPA, USPA Affiliated Companies and subsidiaries including, but not limited to, USPA Polo Development LLC, USPA Umpires LLC, USPA Sunday Field LLC, NPC Polo Operations LLC, NPC Hospitality Operations Inc, and NPC Hospitality Management LLC (collectively, the “USPA”), USPA’s successors, licensees and assigns, USPA Individual Members and other USPA Member Clubs, and the Board of Governors, officers, directors, shareholders, employees and agents of each of the foregoing, from and against any and all liabilities, claims, demands, judgments, recoveries, damages, costs and expenses (including reasonable attorneys’ fees and disbursements) of any nature arising out of or relating to: (a) any breach of any representation or warranty of Member Club contained in this Agreement, (b) any breach or violation of any covenant or other obligation or duty of Member Club under this Agreement or under applicable law, (c) any liability involving horses, equine activities or the sport of polo and any tournaments or events sponsored by USPA or Member Club including, but not limited to, claims for bodily injury, death or damage to personal property arising out of Member Club’s negligence and/or intentional torts, and (d) any fees or bills due to vendors as a result of a USPA-sanctioned tournament or event. In addition to the above, Member Club applicant understands, acknowledges, and agrees that its indemnification and hold harmless obligation shall apply to any claims alleging defamation, invasion of privacy, copyright infringement, commercial appropriation, media errors & omissions, failure to give credit and other intellectual property torts, or injury or damage to third parties arising in tort or contract. The validity, interpretation, construction and enforcement of this agreement shall not be restricted or limited to the governing law of the Member Club country and shall also apply with regards to any and all claims brought forth in the United States of America.
6) The Member Club applicant agrees to be responsible for any injury or damage caused by itself, its members, agents, employees and/or their mounts, and expressly disclaims any responsibility or liability of USPA for any such injury or damage