HomeMy WebLinkAboutMulchWaiverCity of Oshkosh Mulch Loading Waiver and Release
** This is a Legal Document **
Name: _______________________________________ Phone: _________________________________
Home Address: ___________________________________________________________________________
(circle all that apply) Truck / Trailer / Other: ___________________
Make _____________________ Model: ______________________ License: ________
I am voluntarily requesting that the City load mulch into the vehicle and/or trailer that I have identified and have
brought on to City property. I understand that this is at my own risk. I understand that the City will not load
material into my vehicle or trailer unless the City is fully released from all damages related to this activity. I
understand and agree to the following:
1. The activity that I am requesting the city undertake involves equipment and objects that may cause or
result in damages to my property, up to and including damages that cost more than the property’s
value. I also understand that this activity may result in injuries to my person or to those persons with
me up to and including death. I understand that it is my sole responsibility to evaluate the risks
presented. If I proceed with this activity, then the City may accurately understand that I accept all risks.
2. I am either the owner of the vehicle/trailer or I have complete authority to use the vehicle/trailer and to
agree to these terms. I authorize the City of Oshkosh, through its employees and agents, to operate
vehicles and equipment near and around my vehicle/trailer for the purpose of loading mulch.
3. The City will not inspect my vehicle and/or trailer to determine if it is appropriate for this or any use.
The City is in no way responsible for any damages if the vehicle and/or trailer are not suitable for this
use. The City has the sole right to refuse, or limit, the loading of mulch, but the City is not obligated to
refuse or limit any request to load mulch.
4. I release the City of Oshkosh, its employees and authorized agents from all debt, claims, demands,
damages, actions and causes of action whatsoever which may result from the acts and omissions
connected with the presence of me and my vehicle/trailer on City property to obtain mulch, I waive all
claims against the City, without reservation or limitation, and to release the City from all responsibility
and hold it harmless from any personal or property damages that I experience, or that are experienced
by my family, relatives, agents, and employees, that are related to this activity.
5. I agree to protect and hold the City of Oshkosh harmless against all actions, claims and demands of
any kind or character whatsoever which may in any way be related to the actions of the City, its
employees or authorized agents under this agreement. Further, the undersigned agrees to indemnify
and refund to the City of Oshkosh all such sums which the City of Oshkosh may be obligated or
adjudged to pay, including the City of Oshkosh’s attorney fees and costs, on such actions, claims or
demands within 30 days after written request for such indemnification.
6. This agreement is intended to be liberally construed in favor of the City of Oshkosh, in consideration of
the services provided by the City of Oshkosh under this agreement.
Dated this ____ day of _________, 20___
Owner / Representative Signature: ___________________________________________________
If Representative, then signing on behalf of: _____________________________________________
Mail to: Street & Sanitation Division Or Email: Sanitation@oshkoshwi.gov
PO Box 1130
Oshkosh, WI 54903