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  • RELEASE AND WAIVER OF LIABILITY

    City of Prescott Airport Reclamation Facility Recharge Basins
  • The individual named below (referred to as 11l11 or "me") desires to enter the property owned by THE CITY OF PRESCOTT (the "City"), known as the Airport Reclamation Facility Recharge Basins, located at 2800 Melville Rd. (the "Property"). In consideration of being permitted by the City to enter the Property, and in recognition of the City's reliance hereon, I agree to the terms and conditions:


    1. I AM AWARE AND UNDERSTAND THAT ACCESSING THE PROPERTY MAY INVOLVE THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE CITY, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE CITY. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM VOLUNTARILY ACCESSING THE PROPERTY WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING THEREFROM, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE CITY OR ANY RELEASEE OR OTHERWISE.


    2. I hereby expressly waive and release any and all claims, now or hereafter known, against the City, and its officials, directors, managers, employees, agents, affiliates, and assigns (collectively, "Releasees"), on account of injury, disability, death, or property damage arising out of or attributable to my being on the Property, whether arising out of the ordinary negligence of the City or any Releasees or otherwise. I covenant not to make or bring any such claim against the City or any other Releasee, and forever release and discharge the City and all other Releasees from liability under such claims.


    3. I shall defend, indemnify, and hold harmless the City against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fmes, costs, or expenses of whatever kind, including attorney fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, the City arising out of or resulting from any claim of a third party related to my being on the Property, including any claim related to my own negligence or the ordinary negligence of the City.


    4. I agree that I will follow all instructions of any representative or agent of the City while on the Property.

    5. I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention while on the Property. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the City from any claim based on such treatment or other medical services.


    6. This Release constitutes the sole and entire agreement of the City and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the City and me and our respective successors, assigns, heirs, executors, and personal representatives. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict oflaw provision or rule (whether of the State of Arizona or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Yavapai County, Arizona and I hereby consent to the exclusive jurisdiction of such courts.


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