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AG 03-026Cl'l'~ OF/ FEDERAL WAY LAW DI=PARTME:NT [] CITY I 1. CONTRAST REVIEW 1~. CONTRACT SIGNATURE ROUTING COMMENTS ORIGINAL POLICE AGREEMENT AND RELEASE/DISCLAIMER OF LIABILITY FOR USE OF SHOOTING RANGE IN CONSIDERATION of being permitted to enter the City of Kent Police Department shooting range for any purpose, including, but not limited to observation, use of facilities or equipment, or participation in any way, the City/County of [ e. eX e~ce~k ~o..xl (hereafter "Agency") hereby agrees to the following: m The Agency agrees to indemnify, defend, hold harmless and release the City of Kent, its elected and appointed officers, agents, employees, and volunteers from any and all lawsuits, damages, claims, judgments, losses, liability or expenses arising out of'. (1) the death or personal injury or property damage to, the Agency's police officers, employees, officials, agents, volunteers, and visitors which may be sustained while using property or equipment owned by or under the control of the City of Kent, or while participating in any activity sponsored by the City of Kent or any other organization, or (2) any death or injury which results or increases by any action taken to medically treat Agency's police officers, employees, officials, agents, volunteers, and visitors. In indemnifying, defending, and holding the City harmless, the Agency shall pay all costs, including but not limited to attorneys fees, court fees, mediation fees, arbitration fees, settlements, awards o f compensation, awards of damages o f every kind, etc. It is further specifically and expressly understood that the indemnification provided herein constitutes Agency's waiver of immunity under industrial insurance, Title 51 RCW, solely for the purposes of this indemnification. The parties a~knowledge that they have mutually negotiated this waiver. This provision shall survive the expiration of this Agreement. Agency specifically agrees that the terms above apply whether or not caused by the alleged negligence, whether active or passive, or any acts or omissions of the City of Kent, or any of its elected or appointed officers, agents, employees or volunteers. In the event a court determines that this paragraph is against public policy, then the remainder of this waiver shall remain effective, except to the extent of the City's negligence. Agency understands there are risks associated with the activities that occur at the City of Kent Police Department's shooting range, including but not limited to: gun shot wounds, damage to ears from noise, damage to eyes from flying debris, damage to various body parts from flying debris, damage to the body from the kickback of a gun, all of which may cause injury or death. The Agency assumes the risk of any and all injuries whether or not specified herein, that the Agency's police officers, employees, officials, agents, volunteers, and visitors may sustain during any activity at the shooting range. By signing this Agreement, the Agency acknowledges that: · It knows that all of the activities at the City of Kent Police Department shooting range may be hazardous; · It knows there is the risk of injury or death if its police officers, employees, agents, or visitors participate in any activities at the Shooting range; and · It voluntarily participates in, and authorizes its police officers, employees, agents, or visitors to participate in, the activities of the City of Kent Police Department shooting range evidenced by the signature of an authorized representative of the Agency. The Agency may choose not to sign this Agreement and, therefore, choose not to participate. AGREEMENT AND RELEASE/DISCLA[MER OF LIABILITY - I of 2 Once signed, this Agreement shall remain in effect until either party terminates the agreement in writing. I have read, understand and approve this AGREEMENT AND RELEASE/DISCLAIMER OF LIABILITY and am fully authorized to execute the same on behalf of Agency, and those persons employed by the agency who are using the City of Kent Police Department shooting range. AGENCY: d PCountyof Pdnt Name: Dated: Kent Police Representative/Witne f Date AGREEMENT AND RELEASE/DISCLAIMER OF LIABILITY - 2 of 2 ORIGINAL