LOGSDEN COMMUNITY CLUB RELEASE AND INDEMNITY AGREEMENT

  1. Release. Indemnitor does hereby release and forever discharge the Logsden
    Community Club, and its officers, agents, volunteers, and contractors (collectively
    “Indemnitees”) from any and all claims, liability, loss and demands of whatever kind or
    nature, either in law or in equity, arising from or related to Indemnitor’s activity described
    above and/or Indemnitor’s use of the Club’s facilities. Without limiting the generality of
    the foregoing, Indemnitor understands and agrees that this Release discharges each of
    the Indemnitees from any liability or claim that Indemnitor may have against any of them
    with respect to any bodily injury, personal injury, illness, death, or property damage that
    may arise from or relate to Indemnitor’s activity described above and/or Indemnitor’s use
    of the Club’s facilities. Indemnitor hereby expressly and specifically assumes the risk of
    injury or harm or damage to property with respect to the activity described above or
    Indemnitor’s use of the Club’s facilities, whether caused by the negligence of any of the
    Indemnitees or otherwise.
  2. Indemnity. Indemnitor hereby agrees to indemnify, defend (with legal counsel
    acceptable to the Indemnitees) and hold the Indemnitees harmless from any and all
    claims, liability, loss, damage, cost or expense, including but not limited to attorney fees
    and court costs, that the Indemnitees may sustain or incur arising from or relating to
    Indemnitor’s activity described above and/or Indemnitor’s use of the Club’s facilities. The
    foregoing indemnity shall include but not be limited to any claims, liability, loss, damage,
    cost or expense due to any bodily injury, personal injury, illness, death, or property
    damage arising from or related to Indemnitor’s activity described above and/or
    Indemnitor’s use of the Club’s facilities.
  3. Damage to Property. In the event Indemnitor or its employees, agents, contractors,
    licenses, guests or invitees damage or destroy any property of the Indemnitees in
    connection with Indemnitor’s activity described above, Indemnitor shall, upon demand of
    the Indemnitees, immediately pay the costs of repair or replacement of such damaged
    property.
  4. Insurance. If this box is checked ☐, Indemnitor shall maintain liability insurance
    covering Indemnitor’s activity described in this Release, with such coverages and in
    such amounts as required by the Club. Such insurance shall also name the Club as an
    additional insured. If Indemnitor is required to maintain liability insurance under this
    Release, Indemnitor shall, prior to engaging in the activity described in this Release,
    provide the Club with a certificate of liability insurance evidencing such insurance in a
    form acceptable to the Club.
  5. Termination. The Club may terminate Indemnitor’s activity described above at any
    time upon written notice to Indemnitor. Indemnitees shall have no liability to Indemnitor
    for any termination of Indemnitor’s activity, including but not limited to liability for
    consequential damages.
  6. Interpretation. The undersigned agrees that this Release is intended to be as broad
    and inclusive as is permitted by the laws of Oregon, and that if any portion of this
    Release is held invalid, it is agreed that the remaining portion shall continue in full force
    and effect.
  7. Jurisdiction. In the event of any dispute between the undersigned and any or all of
    the Indemnitees, such dispute shall be governed by Oregon law and the exclusive
    jurisdiction for such dispute shall be the State courts for the State of Oregon, and the
    exclusive venue for such dispute shall be Lincoln County, Oregon.
  8. Authority. In the event the undersigned is a limited liability company, corporation or
    other organization, the individual signing below represents and warrants he/she has
    authority to execute this Release on behalf of such organization.
  9. Binding Effect. The waiver, release, indemnity and agreements of Indemnitor under
    this Release shall be binding upon Indemnitor’s agents, guests, licensees, heirs,
    personal representatives, executors, successors and assigns.
  10. Compliance with Laws. Indemnitor shall comply with all laws, ordinances and
    regulations, and the terms of any permit issued by the County or State, applicable to
    Indemnitor in connection with Indemnitor’s activity described above.