The renter agrees to indemnify owner and hold city and its agents and employees harmless from and against all
actions, causes of action, suits, liabilities, claims, damages, losses, costs and expenses (including attorney’s fees and
costs) arising out of or resulting from (a) any act or omission of renter in the performance or non-performance of the
work or its obligations hereunder, (b) any breach of contract by renter, and (c) any claim for injury to person or
property arising out of, or in the course of, the events as contemplated by this contract. The parties hereto agree that
the terms of this paragraph shall survive any termination or expiration of the contract. In any and all claims against
the city, or any of their agents or employees, by any employee of the renter, any subcontractor, anyone directly or
indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification
obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or
benefits payable by or for the renter or any subcontractor under workmen's compensation acts, disability benefit acts
or other employee benefits acts.
The renter acknowledges and agrees that the renter is encouraged to examine and inspect the city facilities, to assess
their condition, suitability and fitness for the renter’s permitted use. Renter acknowledges and agrees that the city
makes no expressed or implied warranties of any kind or nature whatsoever, including without limitation, any
expressed or implied warranties of suitability of fitness for any particular purpose or function. The right to use city
facilities is granted on an “as is” and “where is” basis only. Renter further acknowledges that the relationship
between the parties is not that between the landlord and tenant as defined in georgia law.
For baseball or softball use, the Renter agrees to purchase and maintain at its own expense insurance against all types
of public and private liability, as directed by City, including, but not limited to, General Commercial Liability and
Workers’ Compensation insurance, including coverage for the City, as an additional named insured. In no event will
the amounts of coverage be less than one million dollars ($1,000,000.00) per person for injury to person or property,
and not less than one million ($1,000,000.00) aggregate total for any occurrence. Renter must furnish the City with
certificates of such insurance including the insurance on the City, and naming the City as an additional insured, along
with satisfactory evidence that premiums have been paid. Each certificate must provide that the policy may not be
cancelled as to the City without thirty (30) days prior notice to the City. Renter must pay the City its costs and
expenses, including reasonable attorneys’ fees, incurred by the City in connection with any proceedings arising out of
CERTIFICATE OF INSURANCE MUST BE SUBMITTED NO LATER THAN TEN (10) CALENDAR
DAYS PRIOR TO REQUESTED EVENT DATE.
I have read this contract in its entirety and agree to the terms, date, time, facility and fees of this agreement. I
further agree to the above listed facility rental procedures.
Renter’s Signature: ____________________________________ Date: ____________________________
Ball field and park schedule shall be maintained by Barry Parsons, PW and Water Resources Director or his designee.