SAFETY AND LIABILITY RELEASE AGREEMENT
This Safety and Liability Release Agreement (“Agreement”) is entered into by and between Hastings Main Street, Inc. (“HMS”), a Florida non-profit corporation, and the undersigned participant or organization (“Participant”).
1. Acknowledgment and Assumption of Risk
By signing this Agreement, the Participant acknowledges and agrees to the following:
1.1. Participation in events hosted by or in partnership need to understand is partnership inclusive of revenue sharing Concern about joint liability with HMS, as well as the use of HMS-owned equipment (including but not limited to stage trailers, sound equipment, tents, chairs, tables, and other property), involves certain risks, including but not limited to risks of injury, property damage, and other unforeseen hazards.
1.2. The Participant voluntarily assumes all risks associated with participation in HMS events and the use of HMS property, including risks arising from negligence. I think whose negligence should be defined.
2. Release of Liability
In consideration of being permitted to participate in HMS events or use HMS-owned equipment:
2.1. The Participant, on behalf of themselves, their heirs, successors, and assigns, hereby releases, waives, discharges, and covenants not to sue HMS, its officers, directors, employees, volunteers, agents, and affiliates from any and all liability, claims, demands, actions, or causes of action related to any injury, death, or property damage arising from participation in HMS events or use of HMS-owned equipment.
2.2. This release applies to claims arising from HMS’s own negligence to the fullest extent permitted by law.
3. Indemnification
The Participant agrees to indemnify, defend, and hold harmless HMS from and against all claims, demands, losses, damages, liabilities, costs, and expenses (including attorneys' fees) arising out of or related to the Participant’s actions or omissions during HMS events or while using HMS-owned equipment.
4. Compliance with Florida Law
4.1. HMS operates under Florida Statutes Chapter 617, governing non-profit corporations, and complies with all relevant state laws and regulations.
4.2. Participants acknowledge the applicability of Florida Statute § 570.961 et seq., governing the Florida Agricultural Promotion Campaign, and any other statutes related to agricultural events.
4.3. Participants at rural agricultural events recognize that Florida Statute § 570.85 et seq. provides limited liability protection to non-profits hosting such events, provided the non-profit demonstrates reasonable care to prevent injuries.
5. Safety Standards
5.1. The Participant agrees to comply with all safety instructions and guidelines, are there written guidelines and procedures and procedures communicated by HMS, including the proper use and handling of equipment. Who is responsible for setting up and take down of equipment HMS?
5.2. The Participant acknowledges their duty to report unsafe conditions immediately to HMS representatives. Need to stop using immediately if issue arises.
6. Equipment Usage
6.1. The Participant accepts responsibility for the safe operation and return of any HMS-owned equipment used during events.
6.2. The Participant agrees to reimburse HMS for any damage, loss, or theft of equipment caused by their negligence or misuse.
7. Governing Law and Venue
This Agreement shall be governed by the laws of the State of Florida. Any disputes arising under this Agreement shall be resolved exclusively in the courts located in St. Johns County, Florida.
8. Miscellaneous Provisions
8.1. This Agreement constitutes the entire understanding between HMS and the Participant regarding the subject matter herein.
8.2. If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.
