Hold Harmless and Indemnity Agreement

1. I hereby, to the fullest extent permitted by law, expressly agree to indemnify and hold the Mount Clemens Downtown Development Authority (“DDA”) and the City of Mount Clemens, their elected and appointed officials, employees, agents and volunteers and others working on their behalf, harmless from and against all loss, cost, expense, damage, liability or claims, arising out of bodily injury, sickness or disease (including death resulting at any time therefrom), which may be sustained or claimed by any person or persons, or the damage or destruction of any property, including the loss of use thereof, based on any act or omission, negligent or otherwise, by me in connection with or arising out of my participation. I shall, at my own cost and expense, defend any such claim and any suit, action or proceedings which may be commenced hereunder, and I shall pay any and all judgments which may be recovered in any such suit, action or proceeding, and any and all expense, including but not limited to costs, attorney fees and settlement expenses which may be incurred therein.

2. I hereby, on behalf of myself, my heirs, executors, administrators, successors and assigns, release and discharge forever, the Mount Clemens DDA and the City of Mount Clemens, their elected and appointed officials, employees, agents and volunteers and others working on behalf of the City, from any and all claims, demands and actions which I may have arising out of any and all damages or claims and any other loss or damage resulting from or arising out of or related to my participation. I further agree that in the event the Mount Clemens DDA or the City of Mount Clemens may be liable, by way of contribution, indemnity or otherwise, to any parties as a result of any actions or claims arising out of or related to my participation, that the execution of this Agreement shall operate as a satisfaction of any claims against such other parties to the extent that such other parties are or may be entitled to recover, by way of contribution, indemnity or otherwise, from the Mount Clemens DDA or the City of Mount Clemens.

3. I hereby verify and represent to the Mount Clemens DDA and the City of Mount Clemens that I am in good physical health, and not under any disability which would prevent me from participation. I also acknowledge and understand that the Mount Clemens DDA and/or the City of Mount Clemens does not, and will not, provide health and/or medical insurance coverage, workers compensation insurance coverage, or any other type of coverage of any kind or nature for participants.