1.
Indemnification and Hold Harmless. As an express condition of and in consideration of the grant of authority to engage in the event, the Applicant expressly, knowingly, and, to the fullest extent permitted by law, agrees to release, indemnify, defend, and hold harmless the Township of Long Beach, its elected and appointed officials, officers, employees, agents, volunteers, and others working on behalf of the Township from and against any loss, damages, claims, causes of action, liabilities, obligations, penalties, demands, and any and all other costs and expenses, including attorneys’ fees and costs, threatened against, suffered, and/or incurred by the Township, its elected and appointed officials, officers, employees, agents, volunteers, and others working on behalf of the Township arising out of and/or in any manner relating to the authorized event and the acts and/or omissions of the Applicant, its officers, owners, agents, employees, independent contractors, guests, volunteers, others working on behalf of the Applicant, and/or customers relating thereto. The Applicant shall be responsible and liable for the payment of any and all of the foregoing attorney’s fees and costs, to attorneys of the Township’s selection, for any investigation and review, pre-litigation, litigation, post-judgment litigation, and any and all appeals arising out of and/or relating to this application and agreement. Further, the existence of any available and/or applicable insurance shall not waive or release Applicant from the Applicant’s obligations set forth in this applicant and agreement.
2. Consideration. Upon approval of the application, the Applicant shall be responsible to pay the Township the facility fee set by the Board of Commissioners within ten (10) days of the date of approval and prior to the event, if any. All payments shall be made payable to the Township of Long Beach. In the event payment is not made, the event shall be terminated.
3. Compliance with Laws and Conduct. Applicant shall observe and comply with all laws and regulations. The maximum occupancy set by the Township shall not be exceeded. If in the Township’s sole determination, the Applicant and/or the Applicant’s employees, agents, invitees, and/or guests appear noticeably under the influence of alcoholic beverages, narcotics, drugs, or other controlled substances or exhibit behavior, conduct, or acts that would reflect negatively upon the Township or are socially unacceptable, the Township shall have the right to terminate this contract and have the offenders removed from the premises with no liability on the part of the Township. Applicant acknowledges that no weapons of any kind, alcoholic beverages, narcotics, drugs, or other controlled substances are permitted on or to be consumed on the Township’s property. In the event the Township terminates the event or otherwise takes action pursuant to this Paragraph, the consideration paid by the Applicant shall be retained by the Township.
4. Use of Township Property. The Applicant shall use the property for the specific event alone and shall not be permitted to use it for any other purpose or at any other time. If the Applicant fails to remove its personal property, materials, and equipment following the event, the property shall, at the option of Township, either: (a) be deemed abandoned and shall become the property of the Township; or (b) the Township shall have the right to remove, dispose of, and/or store said property at the expense of the Applicant and the Applicant shall indemnify the Township as set forth in the Indemnification provisions of this application relating to the removal of the aforesaid. In the event the Township elects to store the Applicant’s property, materials, and equipment and the Applicant does not take possession of same within ten (10) days after the Township has taken possession, the Township may elect to dispose of same or deem it abandoned.
5. Assumption of Risk. The Applicant hereby freely assumes all risks arising from and/or relating to this Agreement, including, but not limited to, any harm, injury, or loss that may occur to the Applicant and the Applicant’s property as a result this Agreement.