The Performer shall indemnify and hold harmless, Touch Mother Earth Non-Profit, (Dave) David Miller, and Cheryl Glover. their staff including volunteers and outside services, their employees, agents, and servants from and against any and all losses, penalties, damages, settlements, costs, charges, investigation, and defense of any claims, arising out of or resulting from the performance of the Performer’s work or the completed operations provided that any such claim damage, loss or expense (a) is attributable to bodily injury, sickness, disease (including COVID19), or death, or to injury to or destruction of the tangible property including the loss of the use resulting in their form: and (b) is caused in whole or in part by negligent act or omission of the Performer, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable (including a claim by an employee of the Performer) regardless of whether it is caused in part by a party indemnified hereunder. In any and all claims against, Touch Mother Earth Non-Profit, (Dave) David Miller, and Cheryl Glover, their staff including volunteers and outside services or Camp Sacajawea, the Girl Scouts of America, their employees, agents, and servants by any employees of the Performer, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor/Vendor under Worker’s Compensation Acts, disability benefit acts or other employee benefit acts. *
