Meeting Room Release Statement

The agreement is made on the express condition that the City is to be free of all liability or loss by reason of injury to person or property, from whatever cause, in any way connected with the organization’s use of the Library facilities. Applicants and organization hereby covenant and agree to, and shall, indemnify City and save it harmless from any and all liability, loss, costs, or obligations on account of, or arising out of, any such injuries or losses however occurring.

Applicant and organization hereby waive all claims against City for damages to goods, wares, merchandise, or improvements in, upon or about the Library facilities, and for injuries to Applicant’s or organization’s property or employees or any other persons in or about the facilities from any cause arising at any time. Applicant and Organization will hold City exempt and harmless from any damages or injuries to any person, or to the goods, wares, merchandise, facilities or other property of any person arising from the use of the Library facilities by Applicant and Organization or other persons or from the failure of the City to keep the Library facilities in good condition and repair, as herein provided, when such damage or injury shall be caused in part or in whole by the negligence or fault of, or omissions of any duty with respect to the same by Applicant or Organization. Applicant and Organization expressly waive all rights under Section 1542 of the Civil Code of California as it now provides or may hereafter be amended. Section 1542 reads as follows:

“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with debtor.”

Applicant and Organization accept the Library facilities in their present condition, and are without any representation or warranty by City as to the condition of such, or as to the use or occupancy which may be made thereof and the City shall not be responsible for any latent defect or change in their condition, or for any damage occurring thereto, or because of the existence of any violation of any state, county, or municipal laws.

Applicant certifies that he/she has read and agrees to abide by the Rules for Use of Meeting Rooms and fee schedule.
 

Application for Use of City Facility and Waiver and Release of Liability Agreement  

Do not sign this agreement before you read it or if it contains any blank spaces to be filled in.

Applicant ______________________ desires to use the ____________________ facility located a   _______________________________ on _________________.    In consideration of being permitted to use the facility, the undersigned Applicant waives, releases, and discharges the City of Santa Monica, its officers, agents, servants and employees (collectively “CITY”) from all liability for any loss or damage whatsoever, including personal injury, death, property damage, medical expense and any other type of expense (collectively “damages”) whether caused by the active or passive negligence of the CITY, while the undersigned Applicant is in, upon or about the facility premises. 

Applicant also acknowledges, agrees and represents that he/she has or immediately upon entering will, inspect the premises and facility.  It is further agreed that entry and/or use of the facility constitutes an acknowledgment that the facility and all equipment thereon have been inspected and that the Applicant finds and accepts the facility and equipment as being safe and reasonably suited for use.  Applicant accepts the facility in its present condition, and is without representation or warranty by CITY as to the condition of the facility, or as to the use or occupancy which may be made of it.  Applicant also waives, releases and discharges CITY from all liability for any loss or damage, including personal injury, death, property damage, medical expense and any other type of expense caused by the condition and/or maintenance of the facility or any equipment. 

Applicant also agrees to release, hold harmless, defend and indemnify CITY from any and all liability for any loss, injury and/or damages to any third party arising out of the use of the facility by the third party pursuant to this application. 

The undersigned Applicant further expressly agrees that this waiver, release and indemnity agreement is intended to be as broad and inclusive as is permitted by the laws of the State of  California and that if any portion of the Application and Agreement is held invalid, it is agreed that the balance shall continue in full legal force and effect.   

Applicant certifies that he/she has read and voluntarily signs the release and waiver of liability and indemnity agreement, and further agrees that no oral representations, statements or inducement apart from the foregoing written agreement have been made.

Applicant:

Date: