Indemnity Agreement
West Beach Permittee, on behalf of him or herself and his or her heirs, executors and administrators and invitees, shall investigate, defend, indemnify and hold the City and the respective officers, agents and employees of the City harmless from and against all liabilities, obligations, damages, penalties, claims, costs, charges and expenses (including reasonable attorneys’ fees) by reason of injury or death of any person, or damage to or destruction of any property which may be imposed upon, incurred by or asserted against the City, or the respective officers, agents and employees of the City arising out of or in any way connected with the West Beach Permit or the use or enjoyment of the Santa Barbara Harbor by the West Beach Permittee or invitees of the Permittee.
West Beach Permittee hereby releases, waives, discharges and covenants not to sue the City of Santa Barbara, its employees, officers, and agents (hereinafter referred to as “releasees”) from all liability to West Beach Permittee, his or her personal representatives, assigns, heirs, next of kin and invitees for any loss, damage, or claim therefore on account of injury to the person or property of West Beach Permittee or Permittee’s invitees, whether caused by any negligent act or omission of the releasees or otherwise while the West Beach Permittee or invitees of the Permittee is engaged in any way with the use or enjoyment of the Santa Barbara Harbor District.
West Beach Permittee acknowledges that other than the issuance of a West Beach Permit to Permittee for Permittee’s use of the Harbor pursuant to the permit, no representation of fact or opinion has been made by the City of Santa Barbara or any of its respective officers, employees or agents, to induce this release, and that West Beach Permittee has signed this release freely and voluntarily, after having read it completely, and with full knowledge of any rights or privileges that West Beach Permittee may be waiving or releasing.
I understand and agree to obey and cause to be obeyed the above regulations and indemnity agreement. I understand that permittees who fail to comply with the permit regulations as established by the City or any other ordinances or laws will immediately have their permit revoked without recourse.