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RELEASE, COVENANT NOT TO SUE AND INDEMNITY AGREEMENT The undersigned (the "Permittee") does hereby represent unto the City of Clute, in Brazoria County, Texas, ("the City"), that he or she is eighteen (18) years of age or older, or if not, that his or her par­ent/guardian has also signed  below and the Permittee is in proper physical and mental condition and has all the equipment and training necessary to participate in the GREAT TEXAS MOSQUITO FESTIVAL  2021 ("the Festival").    As consideration for the Permittee being permitted to participate in the Festival in the capacity requested in the application to which this form is attached, Permittee and if the Permittee is a minor, then his or her under­signed parent/guardian, hereby RELEASES the City and its officers, agents, employees, successors and assigns, from any and all claims as hereinafter defined.  The Permittee, and if the Permittee is a minor, then his or her undersigned parent/guardian hereby COVENANTS NOT TO FILE ANY ACTION AT LAW OR IN EQUITY against the City and its offi­cers, agents, employees, successors and assigns or any of them, in connection with any such claim the Permittee and, if the Permittee is a minor, which his or her  parent/guardian may hereafter have against them or any of them; and the Permittee and, if the Permittee is a minor, his or her undersigned parent/guardian hereby AGREES TO IN­DEMNIFY AND SAVE HARMLESS the City and its officers, agents, employ­ees, successors and assigns, from  and any  and all damages, expenses, reasonable attorney's fees and costs of court which they or any of them may suffer or incur, jointly or severally, as a result of any such claim being made against them, or any of them, by the Permittee and, if the Permittee is a minor, by his or her parent/guardian or any other persons, associations or corporations whomsoever.  As used herein, the term "claims" include any and all claims for liabilities, dam­ages, expenses, reasonable attorney's fees and costs of court which the Permittee and, if the Permittee is a minor, which his or her un­dersigned parent/guardian may have arising out of the Permittee  and, if the Permittee is minor, such minor's participating in the Festi­val, and it  INCLUDES, BUT IS NOT LIMITED TO ANY CLAIM BASED, IN WHOLE OR IN PART, ON THE NEGLIGENT ACTS OR OMISSION OF THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS OR ASSIGNS.