The above-named Facility User is required to defend, protect, indemnify, and hold harmless CMA, LLC from all claims arising from the use of the above identified Campus (“Facilities”) by the above-named Facility User or any of its agents, family members, officers, volunteers, helpers, partners, organizational members, or associates. THEREFORE, CMA, LLC and the Facility User hereby agree as follows.

1. Indemnification. Facility User agrees, to the full extent permitted by applicable law, to indemnify, hold harmless, and defend CMA, LLC and its directors, officers, employees, volunteers, trustees, and agents (with counsel of CMA, LLC’s choice) from all liability, losses, damages, and expenses (including, without limitation, attorneys’ fees) in connection with or arising out of: i) Facility User’s use and/or operations on the Facilities and CMA, LLC’s equipment; ii) any breach by Facility User of any obligation, covenant, and/or representation under the Catholic Memorial Athletics, LLC Facilities Use Agreement; and iii) any claims, including, without limitation, for injury, death, loss or damage to any persons or property, arising from or connected with the Event or the use of the Facilities by Facility User, its employees, agents, contractors, or Participants which occur in, on, or about the Facilities or any other portion of CMA, LLC’s Facilities on campus. Not limiting the foregoing, Facility User accepts full responsibility for the Facilities and CMA, LLC’s equipment during its use and operations by Facility User and Facility User assumes full liability for repairs or replacement for damage done to the Facilities or CMA, LLC’s equipment.
2. Reimbursement for Damage. The Facility User shall reimburse CMA, LLC for costs incurred due to damage to CMA, LLC property during the use conducted by the Facility User. “Damage” is defined as damage to CMA, LLC property in excess of normal wear and tear and which requires repairs in excess of routine maintenance. Facility User agrees that all participants are under the direct and complete supervision and control of the sponsoring organization. As such, Facility User is liable for all damages resulting from participant utilization of the facilities and services provided by CMA, LLC. The Facility User will also reimburse CMA, LLC for all damages to facilities and services of CMA, LLC resulting from the use of those facilities and services by the Facility User and/or its participants. In addition, the terms and conditions of this agreement do not require CMA, LLC to relinquish control of its facilities and services to the Facility User.
3. Procedure for Indemnity or Damage Reimbursement. To initiate a request for Indemnity or Damage reimbursement pursuant to this Agreement, CMA, LLC shall submit to the Facility User a written notice (“Notice”) of claim, and in the event of Damage, an accounting of the damages and the cost of their repair. The Notice shall be submitted via first class mail, return receipt requested, to the address the Facility User provided on its Use Application. The Facility User shall acknowledge its obligation of Indemnity and/or remit payment no later than thirty (30) days from receipt of the Notice.
4. Remedies. Upon the occurrence of a default or breach of this Indemnification and Reimbursement Agreement by Facility User, CMA, LLC may exercise all rights and remedies in favor of CMA, LLC under this and the Catholic Memorial Athletics, LLC Facilities Use Agreement, at law or in equity. Facility User shall be responsible to CMA, LLC for all costs (including, without limitation, attorneys’ fees) incurred and associated with enforcement of this agreement.
5. Authority. By signing below, the individual signer is representing that he/she has the power and authority to bind Facility User and enter into this Indemnification and Reimbursement Agreement.
6. Counterparts. This Indemnification and Reimbursement Agreement may be executed in any number of counterparts, all of which shall be taken as one and the same instrument. Receipt of an executed signature page to this Indemnification and Reimbursement Agreement by electronic transmission shall constitute effective delivery thereof.

7. Miscellaneous Provisions.
   a. Waiver. One or more waivers by either party of any provisions, term or condition of this Agreement shall not be construed by either party as a waiver of a subsequent breach of the same by the other party.
   b. Severability. In the event any provisions of this contract shall be held to be invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties.
   c. Applicable Law. Facility User agrees that this Agreement shall be governed by, construed, and interpreted according to the laws of the State of Wisconsin, without reference to conflicts of law principles. Facility User agrees that any lawsuit related to this Agreement shall be brought in any state or federal court of competent jurisdiction in the State of Wisconsin. FACILITY USER consents to the personal jurisdiction of any state or federal court in the State of Wisconsin for purposes of enforcement of this Agreement.
   d. Entire Agreement. This Agreement constitutes the entire Indemnification and Reimbursement Agreement between the parties, and any change, amendment, or modification must be made in writing and executed by both parties.