Agreement to Defend, to Hold Harmless, and to Indemnify between City of Idaho Falls, Idaho and Event Sponsor* This agreement to defend, to hold harmless and to indemnify, between City of Idaho Falls, Idaho (hereinafter “CITY”) and the sponsor of the event, (hereinafter “Sponsor”) is made and entered into this date, stated below.
WHEREAS, the novel coronavirus, COVID-19, had been declared a worldwide pandemic by the World Health Organization; and
WHEREAS, COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact; and
WHEREAS, the Idaho Governor has issued a series of emergency proclamations to stem against the transmission of COVID-19; and
WHEREAS, Sponsor desires to use CITY property to hold an event; and
WHEREAS, CITY has required Sponsor to comply with certain social distancing requirement and to comply with the Governor’s current COVID-19 orders; and
WHEREAS, CITY cannot guarantee that Sponsor nor Sponsor’s guests, invitees, and attenders will not become infected with COVID-19.
NOW, THEREFORE, CITY and Sponsor agree as follows:
AGREEMENT TO DEFEND, HOLD HARMLESS, AND INDEMNIFY;
Sponsor through its duly and specifically authorized agents, hereby releases CITY and agrees, contracts and covenants not to bring suit and agrees to defend, hold harmless, and indemnify CITY, its officers, employees, agents and representatives from any and all claims, costs, judgments, awards, or liability to any person, including claims by Sponsor’s own agents, officers, employees and representatives to which Sponsor might otherwise be immune, arising from the event scheduled to occur on the previously identified dates, except for claims based upon the sole negligent, intentional acts of CITY.
Sponsor expressly agrees to indemnify CITY from any claim arising from the transmission, infection, or injury from COVID-19 that may arise from the event.
Inspection, review and/or acceptance by the City of any activity performed by or during the event, or any activity or non-activity by CITY police officers, firefighters, emergency medical professionals, or other officers, employees, agents or representatives of CITY shall not be grounds for avoidance of any of the covenants of defense, indemnification or hold harmless by Sponsor in behalf of CITY contained in this Agreement.