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GENERAL RELEASE AND AGREEMENT TO HOLD HARMLESS, DEFEND AND INDEMNIFY BETWEEN CITY OF MOSCOW, IDAHO AND 2011 FARMERS' MARKET PARTICIPANT THIS GENERAL RELEASE AND AGREEMENT TO HOLD HARMLESS, DEFEND AND INDEMNIFY BETWEEN CITY OF MOSCOW, IDAHO AND 2011 FARMERS' MARKET PARTICIPANT (hereinafter "AGREEMENT") is made and entered into this· ) I day of qM. , 2011 between City of Moscow, Idaho, a municipal corporation of the State of Idaho, 2 6 East Third Street, Mospow, Idaho, 83843 (hereinafter "CITY"), and A\:kV\1\ab\tU> ( 4+'60 J! (hereinafter "PARTICIPANT"). WHEREAS, PARTICIPANT desires to participate in the City of Moscow, Idaho's 2011 Farmers' Market and CITY desires assurances and commitments from PARTICIPANT in order to allow such participation; Now, Therefore, in consideration of the foregoing, of the mutual promises of the parties hereto and of other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties, hereby agree as follows: · PARTICIPANT acknowledges that this AGREEMENT is entered into with the knowledge that the related activities may be dangerous and/or hazardous to PARTICIPANT and that this AGREEMENT is intended to serve as a waiver of all claims that may arise out. of harm, damage, or injuries suffered during such .activities. PARTICIPANT agrees' that PARTICIPANT understood and appreciated such risk(s) prior to PARTICIPANT's participation in any and all 2011 Farmers' Market activities. PARTICIPANT hereby agrees to defend and indemnify, release, hold harmless, acquit and forever discharge CITY and its successors, assigns, agents, servants, employees and insurers of and from all legal and equitable claims, of every kind, action, cause of action, related to or arising out of PARTICIPANT's presence at the 2011 Farmers' Market. PARTICIPANT, himself, herself, or through PARTICIPANT's, parent(s), guardian(s), and/or duly and specifically authorized agent(s), 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 any and all persons participating in the 2011 Farmers' Market. PARTICIPANT and PARTICIPANT's parent(s), guardian(s) and/or agents, officers, employees and representatives, if any, expressly agree that this indemnity provision extends to any and all claims for injury, sickness, or death of any person, including CITY officers, employees, agents and representatives arising out of, related to, or caused by PARTICIPANT's presence at the 2011 Farmers' Market. GENERAL RELEASE AND HOLD HARMLESS- CITY AND PARTICIPANT PAGE I OF2 29 - ---PAGE BREAK--- PARTICIPANT agrees that she/he has have read the foregoing AGREEMENT and understands it and agrees with its contents and conditions. Specifically, PARTICIPANT has had an opportunity to speak with legal counsel prior to signing this AGREEMENT. IN WITNESS WHEREOF, this General Release and Hold Harmless Agreement between City of Moscow, Idaho and PARTICIPANT is executed this ZD day of , 201 I. STATE OF IDAHO ) ) ss: County of Latah ) ACKNOWLEDGMENT On this -zo day of ,.201 1, before me, a Notary Public in and for said State, appeared k:'UldVA , known to me to be the person named above and acknowledged that he/she executed the foregoing doc \ \ fit/ I • . /15' ' . . / ·o\ARY··.. = : = . . - PUB\). g / . . • • • • • Ql- /11 -4/t: of& , lt{f!l!l\ GENERAL RELEASE AND HOLD HARMLESS- CITY AND PARTICIPANT PAGE20F2