15. Narcotics, tobacco products, vaping, and marijuana are not permitted on
the trolley. No profane
language, arguing, fighting or unruly behavior is permitted on the trolley.
16. Violation of any rule or regulation by Applicant/Responsible Party or any person or any
passenger on the trolley or other person or entity in any way associated with or participating in the
Event, as determined in the discretion of the trolley driver, shall be sufficient cause for immediate
termination of the use of the trolley. If such violation shall occur, the trolley will be immediately
returned to the City Corporation Yard.
17. The person signing this Agreement, represents and warrants that if the Applicant is an
organization, group or entity, the person (“Responsible Person”) signing this Agreement on behalf
of the organization, group or entity has been given the power and authority to sign this Agreement
on behalf of the organization, group or entity and to bind the organization, group or entity to the
terms and conditions of this Agreement. The Responsible Person signing this Agreement on behalf
of the organization, group or entity is jointly and severally responsible and liable for the
performance of all of the provisions of
this Agreement and all the rules and regulations set forth
in this Agreement.
18. The Applicant and if the Applicant is an organization, group or entity, the Responsible person
signing this Agreement on behalf of the organization, group or entity shall indemnify, defend
(with legal counsel acceptable to the City of Kingsburg) and hold harmless the City of Kingsburg
and its officials, agents, employees and officers against any and all liability, losses, claims,
damages, attorney fees, and other expenses, including, without limitation, sums paid or incurred
in attempting to procure release from liability, which the City or
its officials, agents, employees or
officers may sustain or incur as a consequence of or in any way related to the use of the trolley by
the Applicant and any passengers and all participants of the Event or arising out of any act or
activity of the Applicant or any passenger or arising from the Event and/or the acts or omissions
of any person or entity riding the trolley or participating in the Event.
19. This Agreement supersedes any and all other agreements, either oral or in writing, between
the parties hereto with respect to the matters set forth herein and contains all of the
agreements between the parties regarding such matter.
20. If an action at law or in equity is necessary to enforce or interpret the terms of this Agreement,
the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary
disbursements in addition to any other reasonable relief to which he may be entitled. With respect
to any suit, action or proceeding arising out of or related to this Agreement, the parties hereby
submit to the jurisdiction and venue of the Superior in the County of Fresno, State of California
for any proceeding arising
21. No change, amendment or modification of this Agreement shall be valid unless the same be
in writing and signed by the parties hereto.