This Hold Harmless and Indemnification Agreement (“Agreement”) is entered this day of in the year (“Effective Date”) by and between SUNSHINE GAME DAY INCORPORATED and (“RECEIVING ENTITY”). SUNSHINE GAME DAY INCORPORATED and RECEIVING ENTITY may collectively be referred to as the “Parties”.
SUNSHINE GAME DAY INCORPORATED is a 501 (c) (3) entity that was formed to provide tickets to events to underprivileged children. Persons associated with SUNSHINE GAME DAY INCORPORATED may also attend the events with the children or others attending those events.
RECEIVING ENTITY is an organization that will be provided tickets by SUNSHINE GAME DAY INCORPORATED to be distributed to children and/or their parents.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
Indemnification and Hold Harmless. RECEIVING ENTITY, jointly, severally and unconditionally will indemnify, hold harmless and defend SUNSHINE GAME DAY INCORPORATED, its successors and/or assigns, heirs, representatives, agents, officers, or employees, from and against any and all claims, actions, demands, liabilities, costs, attorney’s fees and damages of any kind for liability in connection to or arising directly or indirectly out of any activity related in any way to the use of the tickets supplied by SUNSHINE GAME DAY INCORPORATED, including but not limited to any matter related to travel to the event, attendance at the event or travel from the event.
Liability Insurance. RECEIVING ENTITY submits that it has a policy of insurance with a reputable insurance company satisfactory to SUNSHINE GAME DAY INCORPORATED and the limits of liability of at least ONE MILLION AND NO/100 U.S. Dollars ($1,000,000.00).
Notices. Any notice, request, demand, instruction or other communication to be given to either party shall be in writing and shall be sent by registered or certified mail, return receipt requested, or by express overnight courier. Notice shall he deemed given if forwarded by certified mail through the facilities of the United States Postal Office on the day following the date that the notice in question is deposited in the facilities of the U. S. Postal Service. If notice is forwarded by express overnight courier, it shall be deemed given on the day following the date that the notice in question is deposited in the facilities of an express overnight courier.
Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the transaction contemplated herein, and it supersedes all prior understandings or agreements between the parties.
Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, devisees, personal representatives, successors and permitted assigns.
Governing Law; Venue. This Agreement shall be governed by and construed under the laws of the State of Florida. The exclusive venue of any litigation arising out of this Agreement shall be the 17TH Judicial Circuit in and for Broward County, Florida.
Attorneys’ Fees. In the event that it becomes necessary for either party to bring suit to enforce the terms of this Agreement, then the prevailing party shall be entitled to recover all costs, including attorneys’ fees, incurred in connection with such litigation (including appellate proceedings) against the non-prevailing party.
Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both parties have contributed substantially and materially to the preparation of this Agreement and also that both parties have agreed to waive any doctrines or rules of contract construction wherein ambiguities are construed against the drafter of a contract.
WAIVER OF RIGHT TO JURY TRIAL. THE PARTIES HERETO SHALL, AND THEY HEREBY DO, IRREVOCABLY WAIVE TRIAL BY JURY IN ANY AND EVERY ACTION OR PROCEEDING BROUGHT BY EITHER OF THE PARTIES HERETO AGAINST THE OTHER ON ANY MATTERS WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, USE OR OCCUPANCY OF THE LEASED PREMISES, AND ANY CLAIM FOR INJURY OR DAMAGE.
IN WITNESS WHEREOF, the parties have signed this Agreement effective the day and year first above written.
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