Facility Use Hold Harmless and Damage Restitution Statement
For purposes of this section, “City” shall mean the City of Des Moines, Iowa, its elected and appointed officials, employees, volunteers and others working on behalf of the City of Des Moines and “RDA” shall mean the Riverfront Development Authority and its officers, employees, and volunteers and “OD” shall mean Operation Downtown and its officers, employees, and volunteers. “Facility” shall mean the facility which is referred to in this Application. The undersigned, a duly authorized representative of, hereinafter called Applicant, for purposes of this agreement, in consideration for the acceptance of this application, agrees to the fullest extent permitted by law, to defend, pay on behalf of, indemnify, and hold harmless the City, RDA or OD from and against any and all claims, demands, suits, damages or losses, together with any and all outlay and expense connected therewith, including but not limited to attorney's fees, and court costs, that may be asserted or claimed against, recovered from or suffered by the City RDA or OD by reason of any injury or loss, including, but not limited to, personal injury, including bodily injury or death, property damage, including loss of use thereof, and economic damages arising out of or in any way connected or associated with Applicant's use or occupancy of the Facility.
Applicant’s obligation to indemnify the City, RDA or OD contained in this Facility Use Application is not limited by the amount or type of damages, compensation or benefits payable under any workers' compensation acts, disability benefit acts, or other employee benefit acts.
The City, RDA or OD shall not be liable or in any way responsible for any injury, damage, liability, claim, loss or expense incurred by Applicant, its officers, employees, subcontractors, and others affiliated with Applicant or Applicant's activities, arising out of or in any way connected or associated with Applicant's use or occupancy of the Facility, including weather, parking or construction except for and only to the extent caused by the negligence of the City of Des Moines, Iowa, RDA or OD.
Applicant expressly assumes full responsibility for any and all damages to the facility arising out of or in any way connected or associated with Applicant's use or occupancy of the Facility including, but not limited to, the activities of Applicant, its officers, employees, subcontractors, and others affiliated with Applicant or Applicant’s activities.
Applicant shall ensure that its activities on the Facility will be performed and supervised by adequately trained and qualified personnel and Applicant will observe, and cause its officers, employees, subcontractors and others affiliated with Applicant or Applicant's activities, to observe all applicable safety rules.
Further, the undersigned agrees to be liable for any damage to the park, facility and/or equipment, except for normal wear and tear resulting from this use, and to pay in a timely fashion all costs associated with returning the plaza, facility, and/or equipment to the condition that existed prior to said use.
This confirmation reserves the requested area, avoiding conflict with other users. You must carry an approved copy of this application to show Brenton Plaza employee and Police, if requested.