A. The licensee waives and releases the Town, its officers, elected officials, employees, attorneys and agents from any liability for injuries, damages or liabilities of any kind that result from any arrest or prosecution of the licensed premises’ owners, operators, employees, clients or customers for a violation of state or federal laws, rules or regulations.

B. All licensees, jointly and severally if more than one (1), agree to indemnify, defend and hold harmless the Town, its officers, elected officials, employees, attorneys, agents, insurers and self-insurance pool against all liability, claims and demands on account of any injury, loss or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever arising out of or in any manner connected with the operation of the retail marijuana establishment that is the subject of the license, unless the act or omission by the officer, elected official or employee that causes the loss or damage is willful and wanton, as provided in the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S. (Ord. 782 §2 (Exh. A), 2020)