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River Place Pavilion Rentals
RELEASE, HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
THE STATE OF TEXAS
COUNTY OF TRAVIS
This Release, Hold Harmless and Indemnification Agreement (this "Agreement") is made and entered into on the date set forth below by and between River Place Limited District, a political subdivision of the State of Texas created and operating under the authority of Chapters 49 and 54 of the Texas Water Code, as amended ("River Place"), and the persons who have signed this Agreement, individuals residing within Travis County, Texas ("Releasers"). River Place and Releasers are collectively referred to herein as the "Parties."
A. WHEREAS, Releasers are residents of River Place and have requested that the Board of Directors allow them to utilize either Sun Tree Park or Woodlands Park for a special event, as more fully described in Exhibit "A" attached hereto;
B. WHEREAS, the District is willing to allow Releasers to utilize the District’s Parks in the manner requested, provided that Releasers release River Place of all liability, and hold harmless and indemnify River Place for any costs, liability or damages incurred by River Place, as a result of the use of either Sun Tree Park or Woodlands Park, all as more fully set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements hereafter set forth, River Place and Releasers hereby agree as follows:
Section 1. Use of District Parks
1.1 River Place hereby consents to the use of either Sun Tree Park or Woodlands Park for the purposes set forth in Exhibit A attached hereto.
1.2 Releasers agree that they shall not utilize either Sun Tree Park or Woodlands Park for any purposes, or perform any actions at the park, that are not expressly permitted by River Place's rules and regulations or by the terms of this Agreement.
Section 2. Full Release
Releasers release, acquit, and forever discharge in full River Place, and its individual officers, directors, employees, agents, contractors and representatives, and their respective successors, heirs, executors, legal representatives and assigns (collectively, the "Released Parties") from any and all claims, causes of action, judgments, expenses, costs, losses, obligations and other liabilities of any kind whatsoever, at law or in equity, known or unknown, which Releasers had, now have, or hereafter can, shall or may have against any one or more of the Released Parties for, upon or by reason of any matter, cause or thing whatsoever arising out of or in connection with the use of either Sun Tree Park or Woodlands Park.
Section 3. Covenant Not to Sue
Releasers agree and covenant not to sue or prosecute any claims against the Released Parties for, upon or by reason of any matter, cause or thing whatsoever arising out of or in connection with the use of either Sun Tree Park or Woodlands Park.
Section 4. Indemnity
Releasers hereby agree to protect, indemnify, defend and hold the Released Parties free and harmless from and against any and all liabilities, losses, damages, costs, claims, expenses, liens, demands and causes of action of every kind and character occurring or anywise incident to, in connection with, or arising out of, the following:
a. breach of the foregoing covenant not to sue; and
b. breach of any term or condition of this Agreement; and
c. injury to any person or damage to any property as a result of, related to, arising out of, or in any way incident to, the use of either Sun Tree Park or Woodlands Park by Releasers or Releasers' guests or invitees.
Section 5. Insurance
Releasers agree to cause the District to be named as an additional insured on any vendor's insurance policy with respect to any equipment, attractions or rides that may be provided in connection with Releasers' use of either Sun Tree Park or Woodlands Park.
Section 6. Miscellaneous
6.1 The constitution and laws of the State of Texas and the decisions of its courts shall govern with respect to any question or controversy which may arise under this Agreement.
6.2 A waiver by any party hereto of any default by another party hereunder shall not be deemed a waiver by such party of any default by other parties which may thereafter occur.
6.3 This Agreement contains the entire agreement between the Parties, and may be amended only by express written agreement signed by all Parties.
6.4 This Agreement is binding upon and inures to the benefit of the Parties hereto, and their respective successors, representatives and assigns. This Agreement may not be assigned by any Party without the prior written consent of the other Parties.
RIVER PLACE LIMITED DISTRICT
Sun Tree Park Pavilion
Pavilion Rental Cost: Non-residents: $100 rental fee plus $100 refundable deposit
Residents: $50 rental fee plus $50 refundable deposit
The deposit will be returned upon satisfactory inspection of the facilities at the conclusion of the reservation. Any damage, usage not approved, or maintenance required "out of the ordinary" after the reservation is completed will be charged to the user and/or taken out of the deposit. If the deposit does not cover the cost, the user will be billed for the balance. Failure to make any attempt to clean up and/or pay for additional clean up and/or damage costs will result in denial of future reservation requests and forfeit of deposit.
Deposits are refunded the first week of the month following your event. For any questions, call 512-246-0498 ext. 30411
By reserving a pavilion at Woodlands Park or Sun Tree Park, you agree to the following terms:
Woodlands Park Pavilion