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 certain “attractions,” for the purpose of providing additional recreational opportunities to the City’s parks for 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 the individual representing a corporation or organization, that corporation or organization, its officers, employees, its successors and assigns, and all guests of the corporation or organization at the registered event.
  3. The term “attractions” covers any ride, dunk tank, inflatable play equipment, and all other similar pieces of outdoor recreational equipment that the participant brings onto park property for a registered event.

3. Participants understand that the use of attractions 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 safety laws and to take all precautions to assure the safe usage of the attractions.
  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 my be sustained by any participants, or any loss or damage of property owned by any participants, as a result of being engaged in such activity, 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 said attractions.

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.