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Release, Indemnification, Hold Harmless Agreement and Agreement

1. The City of Mascoutah, Illinois (the “City”), believes it to be mutually beneficial to both the City and park participants (“participants”) to allow participants to bring alcoholic beverages into the AG Center for consumption during registered events.

2. Definitions.

  1.  The term “City” means the City of Mascoutah, including its departments, officers, employees, volunteers, and agents.
  2. The term “participant” means any a group, organization, family, or individual, its officers, employees, its successors and assigns, and all guests of the group, organization, family, or individual at the registered event.
  3. The term “alcoholic beverages” covers any beverage containing more than one-half of one percent alcohol by volume, including beer, wine, liquor, malt beverages, etc. These beverages will be provided to guests and participants at no charge.

3. Participants understand that the use of alcohol will expose the participants to certain risks and hazards, including possible personal injury and loss, and property loss.

4. The participant agrees to:

  1. Follow common laws and to take all precautions to assure the safe consumption of the alcoholic beverages, including refraining from serving minors under the age of 21.
  2. Voluntarily, willingly, and knowingly ASSUME FULL RESPONSIBILITY FOR ANY AND ALL RISKS, known and unknown, in any way associated with the use of the attraction, including any loss, property damage or personal injury, including death, that may be sustained by any participants, or any loss or damage of property owned by any participants, as a result of consuming the alcoholic beverages at the registered event, whether caused by the negligence of the City or otherwise.
  3. RELEASE, INDEMNIFY, AND HOLD HARMLESS the City from and against any claims, demands, actions, liens, liabilities, judgments, and attorney’s fees, arising out of or claimed on account of the participants’ use of any alcoholic beverages.

5. This Release, Indemnification, Hold Harmless Agreement and Agreement Not to Sue shall be interpreted according to federal law. It is to be construed as broadly and inclusively as is permitted by relevant federal law. If any portion of this document is held invalid, the balance shall continue in full force and effect.