LIGHT THE NIGHT AGREEMENT

Assumption of Risk, Indemnification and Hold Harmless, and Release The undersigned applicant expressly understands, acknowledges and agrees that if the applicant’s property is included within the Light The Night initiative, then all persons who access that page will be provided with directions to applicant’s property, with the expectation that the accessing parties are likely to drive by the applicant’s property at night to view the holiday adornment of the applicant’s property.  The undersigned applicant further understands, acknowledges and agrees that this likely will increase vehicular traffic to and around the applicant’s property, and that not only passengers in, but also drivers of, such vehicles are traveling to the applicant’s property for the specific purpose of viewing such holiday adornment.  Consequently, there is not only an increase for the risk of traffic accidents occurring by reason of the greater volume of traffic expected at (or proximate to) the applicant’s property, there also is the element of driver distraction, which can exacerbate the risk.  The undersigned applicant further understands, acknowledges and agrees that Light The Night (and its owners, administrators, agents and/or other representatives) are not sponsoring, running or otherwise coordinating an event, nor are they composing, sponsoring, running or coordinating an attraction, and that Light The Night (and its owners, administrators, agents and/or other representatives) are instead merely providing a community service by mapping the location of properties of interest (and providing directions thereto) for any and all persons who have access to the Light The Night (which service is called Light The Night).  The undersigned applicant is expressly assuming any and all risks associated with having the applicant’s property included within the Light The Night service, and in consideration for the inclusion of the applicant’s property within the Light The Night service, the undersigned applicant hereby: (1) agrees to indemnify and hold harmless the owners, administrators, agents and/or other representatives of the Light The Night initiative (collectively, the “Indemnified Parties”) from and against any and all claims and causes of action that may arise in connection with the use of the service by any person, including, but not limited to, (a) any and all claims and causes of action that may be asserted against any of the Indemnified Parties by any person and arising out of any accident involving a motor vehicle at or near the applicant’s property during the period of time when the Light The Night is in existence (irrespective of when any such claim or cause of action is asserted), and/or (b) any and all claims and causes of action that may be asserted by any person against any of the Indemnified Parties and sounding in nuisance, trespass, attractive nuisance, negligence, or invasion of privacy for any occurrence (or actionable wrong that takes place) during the period of time when the Light The Night is in existence (irrespective of when any such claim or cause of action is asserted); and (2) releases each and all of the Indemnified Parties from any and all such claims and causes of action as may be capable of assertion by the undersigned applicant while the Light The Night is in existence (irrespective of when any such claim or cause of action is asserted).