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A special event is defined as a social, sporting, cultural, fundraising, business, or other unique activity, occurring for a limited time or a fixed duration (E.g., one-time, annual) and presented to a live audience, that impacts the community by involving the use of, or having impact on, the public and or community facilities.
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In consideration for being permitted by the CB South POA to engage in the permitted event, the Permittee, its heirs, successors, executors, assigns, transferees, employees, officers, directors, members, managers, representatives, contractors, subcontractors, agents, assigns, guests and invitees (collectively, the “Releasor/Indemnitor”) hereby acknowledge and agree to the following: (i) Releasor/Indemnitor assume all risk of injury, loss or damage to Releasor/Indemnitor, any of them, arising out of or in any way related to the permitted event, whether or not caused by the act or omission, negligence or other fault of the CB South POA, or by any other cause; (ii) Releasor/Indemnitor waive and release the CB South POA from any and all claims, demands and actions for injury, loss or damage arising out of or in any way related to the permitted event, whether or not caused by the act or omission, negligence or other fault of the CB South POA, or by any other cause; (iii) Releasor/Indemnitor agree to defend, indemnify and hold harmless the Town from and against any and all liability, claims, damages and demands, including any third party claim asserted against the CB South POA, on account of injury, loss or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, arising out of or in any way related to the permitted use, whether or not caused by the act or omission, negligence or other fault of the CB South POA, or by any other cause. For purposes hereof, the term “CB South POA” shall include, individually and collectively, its officers, employees, agents, insurers, insurance pools, contractors, and subcontractors. By signing this Special Event Application, the Permittee acknowledges and agrees that this assumption of risk, waiver and indemnity extends to all acts, omissions, negligence, or other fault of the CB South POA and that said assumption of risk, waiver and indemnity is intended to be as broad and inclusive as is permitted by the laws of the State of Colorado. In any portion hereof is held invalid, it is further agreed that the balance shall, notwithstanding such invalidity, continue in full legal force and effect.
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