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Indemnification and Hold Harmless

a. At her/his own expense, the Ticket Holder agrees, acknowledges, and understands she/he will indemnify and hold harmless VanHoy Farms & Campground and Wild Goose, Inc., its officers, agents, employees and assigns, from and against all claims, demands, losses, costs, penalties, damages, judgments and suits at law or in equity, of whatsoever nature (hereafter “actions”), brought against VanHoy Farms & Campground and Wild Goose, Inc. arising from, in connection with, or incident to the performance of, or failure to perform the provisions of this Agreement by the Ticket Holder, her/his officers, agents, employees or assigns. The Ticket Holder further agrees to defend VanHoy Farms & Campground and Wild Goose, Inc. in any litigation, including payment of any costs or attorney’s fees, for any claims or action commenced thereon arising out of or in connection with such acts or activities authorized by this Agreement.

b. The above indemnity obligation shall not include such claims, costs damages or expenses that may be caused by the sole responsibility of VanHoy Farms & Campground or Wild Goose, Inc. Additionally, if the claims or damages are caused by or the result from the concurrent negligence of (a) the Ticket Holder, her/his officers, agents, employees or assigns and (b) VanHoy Farms & Campground and Wild Goose, Inc., its officers, agents, employees or assigns, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Ticket Holder and that of her/his officers, agents, employees or assigns.

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