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School Fieldtrip Reservation Agreement

The below signatory warrants that he or she has the legal power, right, and authority to submit this Form on behalf of the School and School District listed above (the “School”), and if Museum approves this School Fieldtrip Reservation, hereby binds the School to abide by and comply with Tribal law and the following provisions:

1. School agrees to comply with all the rules and regulations of the Museum.

2. School agrees and acknowledges that the required adult-to-student ratio during the above described school fieldtrip is a minimum of one (1) adult provided by the School for every ten (10) students. Failure of School to provide adequate adult supervision may result in cancellation of the school fieldtrip.

3. Museum may terminate the school fieldtrip at any time and for any reason.

4. School shall compensate Museum for any loss or damage to Museum property caused by School.

5. School agrees that School and its officers, employees, agents, and representatives, in participating in the school fieldtrip, are acting in an independent capacity and not as officers, employees, agents, or representatives of the Museum.

6. To the fullest extent permitted by law, School shall (1) immediately defend; (2) indemnify; and (3) hold harmless the Agua Caliente Band of Cahuilla Indians, a federally recognized Indian tribe (”Tribe”), and the Agua Caliente Cultural Museum (“Museum“), and their officers, directors, employees, and agents (the “Indemnified Party“) from and against all Liabilities (defined below) regardless of nature, type, or cause, arising out of or resulting from or in connection with School’s performance of this Agreement or School’s failure to comply with any of its obligations contained in this Agreement. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution (individually, a “Liability” and collectively, the ”Liabilities”). School’s obligation to indemnify applies unless it is adjudicated that any of the Liabilities are the result of the sole active negligence or sole willful misconduct of the Indemnified Party. If it is finally adjudicated that a Liability is caused by the comparative negligence or willful misconduct of the Indemnified Party, School’s indemnification obligation shall be reduced in proportion to the established comparative Liability of the Indemnified Party.

7. No provision of this Agreement is in any way intended to constitute a waiver by Tribe or Museum of any immunities from suit or from liability that they may have by operation of law. School hereby expressly consents to the personal and subject matter jurisdiction of the Agua Caliente Tribal Court.

8. This Agreement is made, entered into, and performed within the Agua Caliente Indian reservation, and shall in all respects be interpreted, enforced, and governed by the following applicable laws, which are stated in their order of priority in the event of a conflict between them: the laws of the United States, the laws of the Agua Caliente Band of Cahuilla Indians, and the laws of the State of California.

I have read and fully understand and agree with the forgoing.

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