Mille and Severson Visitor Policy, Release & Indemnity Agreement
The undersigned visitor (“Visitor”) desires to enter upon the construction site located at 55 Fair Drive, Costa Mesa 92626. (“Property”) known as Vanguard University Freed Center (“Project”). Visitor agrees and acknowledges that various portions of the Property are currently under construction. Visitor understands and acknowledges that entry upon the Property during construction can be inherently dangerous and that hazards may exist which are not observable. Entry by Visitor shall be solely at his or her own risk.
To the maximum extent permitted by law, on behalf of himself/herself, his/her heirs, assigns, guardians and legal representatives, Visitor hereby waives and releases any and all claims against Millie and Severson, Inc, its officers, directors, shareholders, managers, attorneys, agents, employees, representatives, insurers, bonding companies, contractors, subcontractors and suppliers (“lndemnitees”) for damage, injury, death or loss to person or property arising out of, or in connection with, such entry by Visitor or any other person accompanying him or her, or entering at his or her direction, whether caused in whole or part by an lndemnitee, excepting only such lndemnitee’s sole negligence, gross negligence or willful misconduct.
Further, to the maximum extent permitted by law, Visitor shall defend, indemnify, and hold the lndemnitees harmless from and against any injury, death, loss, damage or expense (including without limitation, attorney’s fees) to persons or property arising out of, or in connection with, such entry by Visitor or any other person accompanying Visitor regardless whether the negligence of any lndemnitee contributes to such loss or damage. This release and indemnity shall not apply to any loss or damage finally determined by a court of competent jurisdiction to the extent due to the sole negligence, gross negligence or willful misconduct of the lndemnitee seeking to enforce this agreement.
Visitor agrees and acknowledges that he or she shall: (i) use due care in his or her entry and activities at the Property; (ii) not undertake any act that may result in injury; (iii) not interfere with any construction activities at the Property; and (iv) refrain from touching or handling any materials found at the Property.
Visitor agrees and acknowledges that hazardous materials may be present at the Property and he or she is entering the Property solely at his or her own risk. Visitor further agrees and acknowledges that Visitor’s signing of this Visitor Policy, Release and Indemnity Agreement is the consideration for Millie and Severson, Inc. allowing Visitor to enter upon the Property, without which consideration Millie and Severson, Inc would not consent to Visitor’s entry.
Visitor agrees and acknowledges that he or she shall comply with all safety requirements that Millie and Severson, Inc has placed on the Project.
I declare that the foregoing is true and correct, that I have read and understood this entire agreement, and that I knowingly accept the risks and responsibilities set forth herein.
By typing your name below, you are certifying that you have read and understood the Millie and Severson release and agree to electronically sign. Each guest will need to fill out the form with their name.