RELEASE AND INDEMNIFICATION AGREEMENT
Angel Fire Rock House
This Release and Indemnification Agreement (“Indemnity
Agreement”) is executed and delivered as date of reservation
from
“Renter”), to Scott C. Lardner and Christine Ann Lardner,
husband and wife (collectively, “Owner”).
Recitals:
A. Renter and Owner have entered into that certain Lodging
Agreement, (the “Lodging Agreement”)
pursuant to which Renter has reserved the right to rent, use and
occupy that certain furnished mountain resort residential home
and lot known as the Angel Fire Rock House (the “Rock House”)
located at 36 Skyview Way, Angel Fire, New Mexico 87710 inclusive. Pursuant
the Lodging Agreement, Renter has deposited with Owner the
required deposit therefor in the amount of _______________ and
No/100 Dollars ($___.00).
B. Pursuant to the Lodging Agreement, Renter’s entitlement to
use and occupy the Rock House during the Rental Period above
described is conditioned, among other things, upon Renter’s
execution and delivery of this Indemnity Agreement to Owner.
Owner would not permit the Rock House to be used or occupied by
Renter in the absence of Renter’s execution and delivery of this
Indemnity Agreement to Owner.
C.
Renter understands that there are risks associated with use and
occupancy of mountain resort rental residential real estate, but
nevertheless knowingly and willingly desires to assume the
foregoing risks and execute and deliver this Indemnity Agreement
(“Agreement”) to Owner.
FOR
AND IN CONSIDERATION of Owner’s acceptance of the Lodging
Agreement and the benefits to be derived from Renter’s use and
occupancy of the Rock House during the Rental Period:
1. Release and Indemnification of Owner. Renter hereby
fully and forever waives, releases and discharges, and agrees to
indemnify, defend and hold Owner and each and every one of
Owner’s spouse, children, employees, agents and representatives
(the “Owner Releasees”) harmless from any and all claims, loss,
liability, lawsuits, damages, injuries or death to person or to
property sustained, and expenses, including, without limitation,
reasonable attorney fees, in any way relating to or arising out
of Renter’s rental, use and/or occupancy of the Rock House.
Renter intends that the Club Releasees enjoy the benefits and
protections of the foregoing release and indemnification to the
fullest extent permitted by applicable law even though the
liability that arises is caused or contributed to by the
negligence of any of the Club Releasees.
2. Limitation of Idemnification. To the extent, if at
all, that this Indemnity Agreement is deemed to be a
“construction contract” within the meaning of Section 56-7-1
NMSA 2003 as amended from time to time, it shall not be
construed to indemnify the indemnitee, its officers, employees
or agents from their own negligent acts or omissions, but shall
be limited to liability, damages, losses or costs to the extent
caused by, or arising out of the acts or omissions of the
indemnitor or its officers, employees or agents.
3. Severability. If any part of this Indemnity
Agreement should be determined by a Court to be void or
unenforceable, the parties hereto agree to request the Court in
the proceeding in which any such provision hereof is determined
to be void or unenforceable to reform the offending provision in
such a manner as to cause it if it all possible to be valid and
enforceable while at the same time accomplishing as nearly as
possible the parties’ original intent in including such
provision in this Agreement. In the event that, despite the
parties’ reformation request to the Court, the Court is unable
or unwilling to reform the offending provision to the extent
necessary to cause it to be valid and enforceable, such part
will be treated as severable, leaving valid and enforceable the
remainder of this Indemnity Agreement notwithstanding the part
or parts found void or unenforceable.
4. Governing Law. This Indemnity Agreement shall be
construed and enforced in accordance with the laws of the State
of New Mexico, without regard to any conflicts of law provisions
contained therein.
Please note: By submitting this reservation
form you agree to the terms and conditions of Stonehouse
Ventures LLC and agree to the release of liability as outlined
above.
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