THESE ADDITIONAL ENTERPRISE TERMS OF SERVICE (THE "ENTERPRISE TERMS") ARE A LEGAL AGREEMENT BETWEEN YOU AND MOVEWITH, INC. AND GOVERN YOUR USE OF THE SERVICE. YOU ALSO AGREE TO BE BOUND BY THE MOVEWITH TERMS OF SERVICE (THE "TERMS"), WHICH ARE INCORPORATED HEREIN AND AVAILABLE AT https://www.movewith.com/terms.

Facilities

By offering or providing Facilities for Activities, you represent and warrant (i) the Facility is safe, clean and appropriate for the Activity, and (ii) use of the Facility for the Activity complies with all applicable laws, regulations and industry standards. You agree that MoveWith is not responsible for the Facilities provided by you. Prior to any Activity, you shall cause all Participants participating in the Activity hosted at your Facility to register an account with the Service and agree to the Terms. You shall not permit any Participant that has not registered for the Service agreed to the Terms to participate in any Activity. You agree that it is not MoveWith’s responsibility to obtain waivers for your benefit or for any Participants participating in Activities at Facilities offered or provided through you.

Insurance

At all times that you are offering or providing Facilities for Activities and for a period of one (1) year thereafter, you shall obtain and maintain: (1) comprehensive general liability insurance, and (2) professional liability insurance. Such coverage shall be maintained in a minimum amount of $1,000,000 and cover no less than the following: (i) bodily injury and property damage, (ii) personal and advertising injury, (iii) damage to premises rented to you, medical expense, and (iv) professional liability. You shall promptly supply MoveWith with proof of such insurance upon request. You agree to add MoveWith as an additional insured under such policies immediately upon MoveWith’s request.

Indemnity

You agree to defend, indemnify and hold harmless the MoveWith Parties from any loss, damages, or costs, including without limitation reasonable attorneys' fees, arising out of or in connection with any third party claim, action, or demand resulting from your use of or access to the Service, your violation of any third party proprietary or other rights, or breach of these Enterprise Terms (which, for the sake of clarity, expressly incorporate the Terms), or arising out of any third party claim alleging:

  • any act or omission of you or your personnel (including any reckless or willful misconduct) in connection with any Activity or the Services;
  • any bodily injury, death of any person or damage to real or tangible personal property caused by any acts or omissions of you or your personnel (including any reckless or willful misconduct);
  • any bodily injury, death of any person or damage to real or tangible personal property arising from or related to the use of Facilities provided or offered by you; or
  • any failure by you or your personnel to comply with any applicable federal, state or local laws, regulations or codes.