§ 13.14.260. Indemnification and hold harmless.

A.

Each person to whom a special event permit has been granted must agree in writing to indemnify and hold the city, its officers, agents and employees, harmless from and against any and all liability for injury to persons or property occurring as a result of the permitted activity of the permittee and said person shall be liable to the city for any and all damage to city property, facilities and buildings owned or controlled by the city, which results from any act or omission of the permittee or is caused by any participant in said activity. Additionally, each person to whom a permit is granted must agree in writing to waive all claims or causes of action against the city, its officers, employees or agents which such person may have at any time for damage to or loss of property of any type or form or for injury to persons in, about or upon the permitted or reserved facilities, from any cause or causes arising at any time, except for the active affirmative negligence or willful act of the city, its officers, employees or agents, and to which the person to whom a permit is granted in no way contributed, either actively or passively, to causing such damage, loss or injury, either directly or through any other person, agent, partner, contractor or associate.

B.

The requirement set forth in this section shall not apply to events that are free speech events and do not involve:

1.

The placement or erection of stages, barricades, fencing, booths, tents, canopies, floats, vehicles, generators, heating equipment, portable restrooms, dumpsters, carnival rides, or other structure or equipment requiring a permit or approval from the fire department; and

2.

The other activities referenced in Subsection C. of Section 13.14.164 of this Code.

(Ord. 29419.)