Common use of AGREEMENTS OF RELEASE AND INDEMNITY Clause in Contracts

AGREEMENTS OF RELEASE AND INDEMNITY. I, an adult Visitor and/or Parent of a minor Visitor (Parent, for myself and, to the maximum extent allowed by law, on behalf of my minor child or xxxx for whom I sign), hereby agree to release and agree not to sue Navitat-•Knoxville Ijams, LLC, its members, owners, directors, staff, volunteers and independent contractors, and owners of the property on which the Park is located (“Released Parties”) from any and all liability for any loss, damage, expense or injury, including death, that I, or my minor child or xxxx, may suffer, arising from or in any way related to my (or the minor’s) visit to the Park, including transportation, participation in Park activities and the use of its premises and facilities. I further agree to hold harmless and indemnify (that is, defend and pay, including costs and attorney’s fees) the Released Parties and each of them from liability for any claim, including damage to property or personal injury and death, by whomever it might be brought, including me, my minor child or xxxx, a member of my or the minor child’s family, a co-•participant or otherwise, arising from or in any way related to my (or the minor’s) visit to the Park, including transportation, participation in Park activities and the use of its premises and facilities. These agreements of release and indemnity include claims arising from the negligence (but not the gross negligence or intentionally wrong conduct) of a Released Party. I understand and agree that this release includes any such claims based on the actions, omissions, or negligence of the Operator, its employees, agents, and representatives, or their respective families as the cause of COVID-19 infection(s), whether a COVID-19 infection occurs before, during, or after participation in any of the Activities described above. I also understand and agree that in the event I, or the minor child for whom I sign, are the cause of any such COVID-19 infection(s), whether a COVID-19 infection occurs before, during, or after participation in the Activities described above (and notwithstanding whether I, or the minor child for whom I sign, had knowledge of his, her or their COVID-19 infection at the time it was contracted by a third party), the hold harmless and indemnification I agree to above in favor of the Released Parties shall extend to any claim, including damage to property or personal injury and death, based thereon, by whomever made. OTHER: I, an adult Visitor and/or Parent of a minor Visitor (for myself and on behalf of a minor for whom I sign) further acknowledge and agree as follows:

Appears in 1 contract

Samples: www.navitatknoxville.com

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AGREEMENTS OF RELEASE AND INDEMNITY. I, an adult Visitor and/or Parent of a minor Visitor (Parent, for myself and, to the maximum extent allowed by law, on behalf of my minor child or xxxx for whom I sign), hereby agree to release and agree not to sue Navitat-•Knoxville xxx Navitat--Knoxville Ijams, LLC, its members, owners, directors, staff, volunteers and independent contractors, and owners of the property on which the Park is located (“Released Parties”) from any and all liability for any loss, damage, expense or injury, including death, that I, or my minor child or xxxx, may suffer, arising from or in any way related to my (or the minor’s) visit to the Park, including transportation, participation in Park activities and the use of its premises and facilities. I further agree to hold harmless and indemnify (that is, defend and pay, including costs and attorney’s fees) the Released Parties and each of them from liability for any claim, including damage to property or personal injury and death, by whomever it might be brought, including me, my minor child or xxxx, a member of my or the minor child’s family, a co-•participant co--participant or otherwise, arising from or in any way related to my (or the minor’s) visit to the Park, including transportation, participation in Park activities and the use of its premises and facilities. These agreements of release and indemnity include claims arising from the negligence (but not the gross negligence or intentionally wrong conduct) of a Released Party. I understand and agree that this release includes any such claims based on the actions, omissions, or negligence of the Operator, its employees, agents, and representatives, or their respective families as the cause of COVID-19 infection(s), whether a COVID-19 infection occurs before, during, or after participation in any of the Activities described above. I also understand and agree that in the event I, or the minor child for whom I sign, are the cause of any such COVID-19 infection(s), whether a COVID-19 infection occurs before, during, or after participation in the Activities described above (and notwithstanding whether I, or the minor child for whom I sign, had knowledge of his, her or their COVID-19 infection at the time it was contracted by a third party), the hold harmless and indemnification I agree to above in favor of the Released Parties shall extend to any claim, including damage to property or personal injury and death, based thereon, by whomever made. OTHER: I, an adult Visitor and/or Parent of a minor Visitor (for myself and on behalf of a minor for whom I sign) further acknowledge and agree as follows:

Appears in 1 contract

Samples: navitatknoxville.com

AGREEMENTS OF RELEASE AND INDEMNITY. I, an adult Visitor and/or Parent of a minor Visitor (Parent, for myself and, to the maximum extent allowed by law, on behalf of my minor child or xxxx for whom I sign), hereby agree to release and agree not to sue Navitat-•Knoxville Navitat--Knoxville Ijams, LLC, its members, owners, directors, staff, volunteers and independent contractors, and owners of the property on which the Park is located (“Released Parties”) from any and all liability for any loss, damage, expense or injury, including death, that I, or my minor child or xxxx, may suffer, arising from or in any way related to my (or the minor’s) visit to the Park, including transportation, participation in Park activities and the use of its premises and facilities. I further agree to hold harmless and indemnify (that is, defend and pay, including costs and attorney’s fees) the Released Parties and each of them from liability for any claim, including damage to property or personal injury and death, by whomever it might be brought, including me, my minor child or xxxx, a member of my or the minor child’s family, a co-•participant co--participant or otherwise, arising from or in any way related to my (or the minor’s) visit to the Park, including transportation, participation in Park activities and the use of its premises and facilities. These agreements of release and indemnity include claims arising from the negligence (but not the gross negligence or intentionally wrong conduct) of a Released Party. I understand and agree that this release includes any such claims based on the actions, omissions, or negligence of the Operator, its employees, agents, and representatives, or their respective families as the cause of COVID-19 infection(s), whether a COVID-19 infection occurs before, during, or after participation in any of the Activities described above. I also understand and agree that in the event I, or the minor child for whom I sign, are the cause of any such COVID-19 infection(s), whether a COVID-19 infection occurs before, during, or after participation in the Activities described above (and notwithstanding whether I, or the minor child for whom I sign, had knowledge of his, her or their COVID-19 infection at the time it was contracted by a third party), the hold harmless and indemnification I agree to above in favor of the Released Parties shall extend to any claim, including damage to property or personal injury and death, based thereon, by whomever made. OTHER: I, an adult Visitor and/or Parent of a minor Visitor (for myself and on behalf of a minor for whom I sign) further acknowledge and agree as follows:

Appears in 1 contract

Samples: navitatknoxville.com

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AGREEMENTS OF RELEASE AND INDEMNITY. I, If I am an adult Visitor and/or Participant or the Parent of a minor Visitor (Parentparticipant I agree, for myself and, to the maximum extent allowed by law, and on behalf of my the minor child or xxxx participant for whom I sign), hereby agree to as follows: I release and agree discharge (agreeing to make no claim, and not to sue Navitat-•Knoxville Ijams, LLCsue) EDGE ADVENTURES, its membersagents, ownersemployees, trustees, officers, directors, staffowners and all others associated with it, volunteers including independent contractors (individually and independent contractors, and owners of the property on which the Park is located (collectively referred to as “Released Parties”) from with respect to any and all liability for any loss, damage, expense or claims of injury, including death, that Idisability, or my minor child or xxxx, may suffer, arising from or in any way related to my (or the minor’s) visit to the Park, including transportation, participation in Park activities and the use of its premises and facilities. I further agree to hold harmless and indemnify (that is, defend and pay, including costs and attorney’s fees) the Released Parties and each of them from liability for any claim, including damage to property or personal injury and death, by whomever it might be brought, including me, my minor child or xxxx, a member of my or the minor child’s family, a co-•participant or otherwise, arising from or in any way related to my (or the minor’s) visit to the Park, including transportation, participation in Park activities and the use of its premises and facilities. These agreements of release and indemnity include claims arising from the negligence (but not the gross negligence or intentionally wrong conduct) of a Released Party. I understand and agree that this release includes any such claims based on the actions, omissions, or negligence of the Operator, its employees, agents, and representatives, or their respective families as the cause of COVID-19 infection(s), whether a COVID-19 infection occurs before, during, or after participation in any of the Activities described above. I also understand and agree that in the event loss which I, or the minor child for whom I sign, are the cause may suffer, arising out of or in any such COVID-19 infection(s), whether a COVID-19 infection occurs before, during, or after participation in the Activities described above (and notwithstanding whether Iway connected with my, or the minor child’s, enrollment or participation in an activity of the Program of EDGE Adventures. In addition, I agree to indemnify (that is, defend and satisfy by payment or reimbursement, including costs and attorneys fees) Released Parties from any claim of loss, injury or death, brought at any time by or on behalf of the child for whom I sign, had knowledge a co-participant in the activities, a rescuer, a member of hismy, her or their COVID-19 infection at the time it was contracted by a third party)minor child’s family, or anyone else, arising out of or in any way connected to my, or the hold harmless and indemnification I agree to above child’s, enrollment or participation in favor an activity of the Released Parties shall extend Program of EDGE Adventures. These agreements of release and indemnity include loss or damage caused or claimed to any claimbe caused, including damage to property in whole or personal injury and death, based thereonin part, by whomever made. OTHER: I, an adult Visitor and/or Parent the negligence of a minor Visitor (Released Party. I understand that in signing this document I surrender, for myself and on behalf of a minor child for whom I sign, the right to make a claim or file a lawsuit against a Released Party for personal injury or property damage, wrongful death, or otherwise, except in cases of intentional wrongs or the gross negligence of a Released Party. Additional Provisions Participant, including minor Participant, and Parent have read and understand the Participant Health Form provided by EDGE ADVENTURES. Medical professionals have verified that Participant has no past or current physical or psychological condition that might adversely affect his or her participation in these activities, other than as described on the Participant Health Form. Participant is fully capable of participating in this activity, without causing harm to self or others. Participant has a personal duty and responsibility to learn and to follow the safety standards, guidelines, and procedure established by the staff and will make them aware at any point during the activity in which the Participant question his/her knowledge of these standards, guidelines and procedures or his/her ability to participate. EDGE Adventures may obtain or provide emergency hospitalization, surgical or other medical care for Participant. I authorize EDGE Adventures and third party medical care providers to exchange pertinent medical information. I authorize EDGE Adventures to remove the Participant from the Program activity in accordance with the provisions of the Program Expectations. All costs related to medical and/or behavioral evacuation or separation, including lodging and transportation, and, if deemed appropriate by the EDGE ADVENTURES staff, the return of the Participant to the activity, will be charged to and paid by adult Participant or Parent. The Acknowledgments and Assumptions of Risks, Agreements of Release and Indemnity, these additional provisions, and all other aspects of Participant’s or Parent’s relationship with EDGE ADVENTURES, contractual or otherwise are governed by the laws of the State of Illinois, but not that State’s “conflict of law rules” which might make applicable the laws of another jurisdiction. Further, any suit, mediation, or arbitration arising out of relating to Participant’s enrollment or participation in this course or any other dispute with EDGE ADVENTURES must be filed or entered into only in the State of Illinois, in the County of Cook. If Participant or Parent has any legal dispute with EDGE Adventures which cannot be settled through discussion between the parties, they will attempt to settle the dispute by mediation before a mutually acceptable mediator whose name appears in the registry of names recognized by Illinois courts as qualified persons for mediation assignments. To the extent mediation does not result in resolution, the dispute will be submitted to binding arbitration through the American Arbitration Association of Illinois. Adult Participant or Parent will pay all costs and attorney’s fees incurred by EDGE ADVENTURES in defending a claim or suit, if the claim or suit is withdrawn or to the extent a court or arbitration determines that EDGE ADVENTURES is not responsible for the injury or loss. If a court or other appropriate authority finds any portion of this agreement to be invalid, the remainder of the agreement nevertheless will be in full force and effect. This agreement may not be amended except by written instrument signed by all parties. This agreement is entered into voluntarily, and after careful consideration. Participant and parent(s) further or guardian(s) of a minor Participant have read, discussed among themselves, understand, and accept the terms and conditions stated herein and acknowledge and agree as follows:that this agreement shall, to the fullest extent allowed by law, be effective and binding upon each of them, their respective heirs, assigns, personal representatives and estates and all members of Participant’s family. PARTICIPANT SIGNATURE AGE DATE PARENT/GUARDIAN SIGNATURE DATE

Appears in 1 contract

Samples: www.edgeadventures.org

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