Release of Liability and Indemnification
Applicant, on behalf of him or herself and his or her heirs, executors and administrators and invitees, shall investigate, defend, indemnify and hold the City and the respective officers, agents and employees of the City harmless from and against all liabilities, obligations, damages, penalties, claims, costs, charges and expenses (including reasonable attorneys’ fees) by reason of injury or death of any person, or damage to or destruction of any property which may be imposed upon, incurred by or asserted against the City, or the respective officers, agents and employees of the City arising out of or in any way connected with the Permit or the use or enjoyment of the Santa Barbara Harbor by the Applicant or invitees of the Applicant.
Applicant hereby releases, waives, discharges and covenants not to sue the City of Santa Barbara, its employees, officers, and agents (hereinafter referred to as “releasees”) from all liability to Applicant, his or her personal representatives, assigns, heirs, next of kin and invitees for any loss, damage, or claim therefore on account of injury to the person or property of Applicant or Applicant’s invitees, whether caused by any negligent act or omission of the releasees or otherwise while the Applicant or invitees of the Applicant is engaged in any way with the use or enjoyment of the Santa Barbara Harbor District.
Applicant acknowledges that other than the issuance of a Permit to Applicant for Applicant’s use of the Harbor pursuant to the permit, no representation of fact or opinion has been made by the City of Santa Barbara or any of its respective officers, employees or agents, to induce this release, and that Applicant has signed this release freely and voluntarily, after having read it completely, and with full knowledge of any rights or privileges that Applicant may be waiving or releasing.
