ASSUMPTION OF RISK AND RELEASE OF LIABILITY. I acknowledge and agree that use of any of the YMCA of Metro Atlanta facilities, services, equipment or premises (the “Facilities”) necessarily involves risks of injury to my person and property, and to the person or property of any child or legal ▇▇▇▇ of mine (hereinafter “dependents”) that I have requested or allowed entry to or use of the Facilities. By engaging in such use, or permitting use by a dependent, I voluntarily accept and assume full responsibility for these risks. In consideration of the use of the Facilities, I agree that the Metro Atlanta YMCA and its directors, officers, members, employees, volunteers, and agents (collectively, the "YMCA”) will not be liable for any injury to my person or property or to the person or property of any dependent of mine. Further, on behalf of myself and my legal successors, I do hereby release, discharge and hold harmless the YMCA from any and all liability and claims arising from my use, or use of a dependent of mine, of the Facilities. I further covenant not to sue the YMCA with respect to, and I waive any and all claims that I may have now or in the future against the YMCA for any liability arising from the use of the Facilities. This waiver includes, but is not limited to, all liability and claims arising from personal injury (including death), accidents or illness and damage to, loss of, or theft of property. I understand that, notwithstanding the foregoing, should I sue or file any claim against the YMCA, or threaten to sue or file any such claim, the YMCA may terminate my membership privileges and my involvement in any program or activity of the YMCA. BY SIGNING AT THE BOTTOM OF THIS AGREEMENT, I UNDERSTAND I AM RELEASING THE YMCA FROM ALL LIABILITY TO ME, AND MY DEPENDENTS, FOR ANY AND ALL LOSSES AND DAMAGE TO ME OR SUCH DEPENDENT, AND I FOREVER GIVE UP ANY CLAIMS THEREFOR ON ACCOUNT OF INJURY TO PERSON OR PROPERTY, WHETHER CAUSED BY THE NEGLIGENCE OF THE YMCA OR OTHERWISE.
Appears in 1 contract
ASSUMPTION OF RISK AND RELEASE OF LIABILITY. I acknowledge and agree that use of any of the YMCA of Metro Atlanta facilitiesI and/or my spouse, services, equipment or premises (the “Facilities”) necessarily involves risks of injury to my person and property, and to the person or property of any child or legal minor child(ren)/▇▇▇▇ of mine (hereinafter “dependents”) ▇(s), for whom I represent that I have requested full authority as parent or allowed entry legal guardian to or use bind the minor participant to this agreement, am voluntarily participating in the ACTIVITIES, which I agree are dangerous and entail both known and unknown inherent risks, including the risk of the Facilities. By engaging in such useinjury, permanent disability, or permitting use even death, deriving from, but not limited to, equipment malfunctions; building malfunctions; lack of supervision and/or trained trampoline monitors; lack of proper equipment or padding, netting, or other safety measures; slipping; falling; landing; or colliding with fixed objects or other people, as well as the negligence and/or omissions committed by a dependentme, my spouse and/or my child(ren)/▇▇▇▇(s), LION TAMER, LLC dba DEFY GAINESVILLE, and/or any other person and/or entity while on the premises. I hereby voluntarily accept and assume full responsibility for these all such risks. In consideration of I further understand and acknowledge that LION TAMER, LLC dba DEFY GAINESVILLE does not manufacture the use of trampolines or other equipment in its facilities, but purchases and/or leases the Facilitiestrampolines and equipment and therefore LION TAMER, I agree that the Metro Atlanta YMCA and its directors, officers, members, employees, volunteers, and agents (collectively, the "YMCA”) will LLC dba DEFY GAINESVILLE may not be held liable for any injury defective products. Despite all known and unknown risks including but not limited to my person serious bodily injury, permanent disability, paralysis and loss of life that may be sustained while on or property or to the person or property of any dependent of mine. Furtherabout LION TAMER, LLC dba DEFY GAINESVILLE’S facility, I, on behalf of myself myself, and/or on behalf of my spouse, minor child(ren)/▇▇▇▇(s) hereby expressly, unconditionally and my legal successorsvoluntarily remise, I do hereby release, waive, relinquish, acquit, satisfy and forever discharge and agree and covenant not to ▇▇▇ LION TAMER, LLC dba DEFY GAINESVILLE, including its suppliers, designers, installers, manufacturers of any trampoline equipment, foam pit material, or such other material and equipment in LION TAMER, LLC dba DEFY GAINESVILLE’S facility (all hereinafter referred to as “EQUIPMENT SUPPLIERS”) and agree to hold said parties harmless the YMCA of and from any and all liability manner of actions or omission(s), causes of action, suits, sums of money, controversies, damages, judgments, executions, claims and claims arising from my usedemands whatsoever, in law or use of a dependent of minein equity, of the Facilities. I further covenant including, but not to sue the YMCA with respect limited to, and I waive any and all claims that I may have now which allege negligent acts and/or omissions committed by LION TAMER, LLC dba DEFY GAINESVILLE or any EQUIPMENT SUPPLIERS while in or about the future against the YMCA for premises and/or while participating in or as a result of participating in any liability arising from the use of the FacilitiesACTIVITIES in or about the premises and/or while using any items purchased in or about the premises, whether the action arises out of any damage, loss, personal injury, emotional injury, or death to me or my spouse, minor child(ren)/▇▇▇▇(s). This waiver includesRelease of Liability, but is not limited to, all liability effective and claims arising from personal injury (including death), accidents or illness and damage tovalid regardless of whether the damage, loss ofor death is a result of any act or omission on the part of LION TAMER, or theft of property. I understand that, notwithstanding the foregoing, should I sue or file LLC dba DEFY GAINESVILLE and/or any claim against the YMCA, or threaten to sue or file any such claim, the YMCA may terminate my membership privileges and my involvement in any program or activity of the YMCA. BY SIGNING AT THE BOTTOM OF THIS AGREEMENT, I UNDERSTAND I AM RELEASING THE YMCA FROM ALL LIABILITY TO ME, AND MY DEPENDENTS, FOR ANY AND ALL LOSSES AND DAMAGE TO ME OR SUCH DEPENDENT, AND I FOREVER GIVE UP ANY CLAIMS THEREFOR ON ACCOUNT OF INJURY TO PERSON OR PROPERTY, WHETHER CAUSED BY THE NEGLIGENCE OF THE YMCA OR OTHERWISEEQUIPMENT SUPPLIERS.
Appears in 1 contract
Sources: Indemnification & Liability
ASSUMPTION OF RISK AND RELEASE OF LIABILITY. I acknowledge and agree that use of any of the YMCA of Metro Atlanta facilitiesI and/or my spouse, services, equipment or premises (the “Facilities”) necessarily involves risks of injury to my person and property, and to the person or property of any child or legal minor child(ren)/▇▇▇▇ of mine (hereinafter “dependents”) ▇(s), for whom I represent that I have requested full authority as parent or allowed entry legal guardian to or use bind the minor participant to this agreement, am voluntarily participating in the ACTIVITIES, which I agree are dangerous and entail both known and unknown inherent risks, including the risk of the Facilities. By engaging in such useinjury, permanent disability, or permitting use even death, deriving from, but not limited to, equipment malfunctions; building malfunctions; lack of supervision and/or trained trampoline monitors; lack of proper equipment or padding, netting, or other safety measures; slipping; falling; landing; or colliding with fixed objects or other people, as well as the negligence and/or omissions committed by a dependentme, my spouse and/or my child(ren)/▇▇▇▇(s), LION TAMER, LLC dba PLANET 3 EXTREME AIR PARK, and/or any other person and/or entity while on the premises. I hereby voluntarily accept and assume full responsibility for these all such risks. In consideration of I further understand and acknowledge that LION TAMER, LLC dba PLANET 3 EXTREME AIR PARK does not manufacture the use of trampolines or other equipment in its facilities, but purchases and/or leases the Facilitiestrampolines and equipment and therefore LION TAMER, I agree that the Metro Atlanta YMCA and its directors, officers, members, employees, volunteers, and agents (collectively, the "YMCA”) will LLC dba PLANET 3 EXTREME AIR PARK may not be held liable for any injury defective products. Despite all known and unknown risks including but not limited to my person serious bodily injury, permanent disability, paralysis and loss of life that may be sustained while on or property or to the person or property of any dependent of mine. Furtherabout LION TAMER, LLC dba PLANET 3 EXTREME AIR PARK’S facility, I, on behalf of myself myself, and/or on behalf of my spouse, minor child(ren)/▇▇▇▇(s) hereby expressly, unconditionally and my legal successorsvoluntarily remise, I do hereby release, waive, relinquish, acquit, satisfy and forever discharge and agree and covenant not to sue LION TAMER, LLC dba PLANET 3 EXTREME AIR PARK, including its suppliers, designers, installers, manufacturers of any trampoline equipment, foam pit material, or such other material and equipment in LION TAMER, LLC dba PLANET 3 EXTREME AIR PARK’S facility (all hereinafter referred to as “EQUIPMENT SUPPLIERS”) and agree to hold said parties harmless the YMCA of and from any and all liability manner of actions or omission(s), causes of action, suits, sums of money, controversies, damages, judgments, executions, claims and claims arising from my usedemands whatsoever, in law or use of a dependent of minein equity, of the Facilities. I further covenant including, but not to sue the YMCA with respect limited to, and I waive any and all claims that I may have now which allege negligent acts and/or omissions committed by LION TAMER, LLC dba PLANET 3 EXTREME AIR PARK or any EQUIPMENT SUPPLIERS while in or about the future against the YMCA for premises and/or while participating in or as a result of participating in any liability arising from the use of the FacilitiesACTIVITIES in or about the premises and/or while using any items purchased in or about the premises, whether the action arises out of any damage, loss, personal injury, emotional injury, or death to me or my spouse, minor child(▇▇▇)/▇▇▇▇(s). This waiver includesRelease of Liability, but is not limited to, all liability effective and claims arising from personal injury (including death), accidents or illness and damage tovalid regardless of whether the damage, loss ofor death is a result of any act or omission on the part of LION TAMER, or theft of property. I understand that, notwithstanding the foregoing, should I sue or file LLC dba PLANET 3 EXTREME AIR PARK and/or any claim against the YMCA, or threaten to sue or file any such claim, the YMCA may terminate my membership privileges and my involvement in any program or activity of the YMCA. BY SIGNING AT THE BOTTOM OF THIS AGREEMENT, I UNDERSTAND I AM RELEASING THE YMCA FROM ALL LIABILITY TO ME, AND MY DEPENDENTS, FOR ANY AND ALL LOSSES AND DAMAGE TO ME OR SUCH DEPENDENT, AND I FOREVER GIVE UP ANY CLAIMS THEREFOR ON ACCOUNT OF INJURY TO PERSON OR PROPERTY, WHETHER CAUSED BY THE NEGLIGENCE OF THE YMCA OR OTHERWISEEQUIPMENT SUPPLIERS.
Appears in 1 contract
Sources: Indemnification & Liability
ASSUMPTION OF RISK AND RELEASE OF LIABILITY. I acknowledge that I and/or my spouse, minor child(ren)/▇▇▇▇(s), for whom I represent that I have full authority as parent or legal guardian to bind the minor participant to this agreement, am voluntarily participating in the ACTIVITIES, which I agree are dangerous and agree that use entail both known and unknown inherent risks, including the risk of any of the YMCA of Metro Atlanta facilitiesinjury, servicespermanent disability, or even death, deriving from, but not limited to, equipment malfunctions; building malfunctions; lack of supervision and/or trained trampoline monitors; lack of proper equipment or premises (padding, netting, or other safety measures; slipping; falling; landing; or colliding with fixed objects or other people, as well as the “Facilities”) necessarily involves risks of injury to negligence and/or omissions committed by me, my person and propertyspouse and/or my child(ren)/▇▇▇▇(s), and to the person or property of any child or legal CT FORT ▇▇▇▇▇ of mine (hereinafter “dependents”) that LLC, and/or any other person and/or entity while on the premises. I have requested or allowed entry to or use of the Facilities. By engaging in hereby voluntarily assume all such use, or permitting use by a dependent, I voluntarily accept and assume full responsibility for these risks. In consideration of I further understand and acknowledge that CT FORT ▇▇▇▇▇ LLC does not manufacture the use of trampolines or other equipment in its facilities, but purchases and/or leases the Facilities, I agree that the Metro Atlanta YMCA trampolines and its directors, officers, members, employees, volunteers, equipment and agents (collectively, the "YMCA”) will therefore CT FORT ▇▇▇▇▇ LLC may not be held liable for any injury defective products. Despite all known and unknown risks including but not limited to my person serious bodily injury, permanent disability, paralysis and loss of life that may be sustained while on or property or to the person or property of any dependent of mine. Furtherabout CT FORT ▇▇▇▇▇ LLC’S facility, I, on behalf of myself myself, and/or on behalf of my spouse, minor child(ren)/▇▇▇▇(s) hereby expressly, unconditionally and my legal successorsvoluntarily remise, I do hereby release, waive, relinquish, acquit, satisfy and forever discharge and agree and covenant not to ▇▇▇ CT FORT ▇▇▇▇▇ LLC, including its suppliers, designers, installers, manufacturers of any trampoline equipment, foam pit material, or such other material and equipment in CT FORT ▇▇▇▇▇ LLC’S facility (all hereinafter referred to as “EQUIPMENT SUPPLIERS”) and agree to hold said parties harmless the YMCA of and from any and all liability manner of actions or omission(s), causes of action, suits, sums of money, controversies, damages, judgments, executions, claims and claims arising from my usedemands whatsoever, in law or use of a dependent of minein equity, of the Facilities. I further covenant including, but not to sue the YMCA with respect limited to, and I waive any and all claims that I may have now which allege negligent acts and/or omissions committed by CT FORT ▇▇▇▇▇ LLC or any EQUIPMENT SUPPLIERS while in or about the future against the YMCA for premises and/or while participating in or as a result of participating in any liability arising from the use of the FacilitiesACTIVITIES in or about the premises and/or while using any items purchased in or about the premises, whether the action arises out of any damage, loss, personal injury, emotional injury, or death to me or my spouse, minor child(ren)/▇▇▇▇(s). This waiver includesRelease of Liability, but is not limited to, all liability effective and claims arising from personal injury (including death), accidents or illness and damage tovalid regardless of whether the damage, loss of, or theft death is a result of property. I understand that, notwithstanding any act or omission on the foregoing, should I sue or file part of CT FORT ▇▇▇▇▇ LLC and/or any claim against the YMCA, or threaten to sue or file any such claim, the YMCA may terminate my membership privileges and my involvement in any program or activity of the YMCA. BY SIGNING AT THE BOTTOM OF THIS AGREEMENT, I UNDERSTAND I AM RELEASING THE YMCA FROM ALL LIABILITY TO ME, AND MY DEPENDENTS, FOR ANY AND ALL LOSSES AND DAMAGE TO ME OR SUCH DEPENDENT, AND I FOREVER GIVE UP ANY CLAIMS THEREFOR ON ACCOUNT OF INJURY TO PERSON OR PROPERTY, WHETHER CAUSED BY THE NEGLIGENCE OF THE YMCA OR OTHERWISEEQUIPMENT SUPPLIERS.
Appears in 1 contract
Sources: Indemnification Agreement
ASSUMPTION OF RISK AND RELEASE OF LIABILITY. I acknowledge and agree that use of any of the YMCA of Metro Atlanta facilitiesI and/or my spouse, services, equipment or premises (the “Facilities”) necessarily involves risks of injury to my person and property, and to the person or property of any child or legal minor child(ren)/▇▇▇▇ of mine (hereinafter “dependents”) ▇(s), for whom I represent that I have requested full authority as parent or allowed entry legal guardian to or use bind the minor participant to this agreement, am voluntarily participating in the ACTIVITIES, which I agree are dangerous and entail both known and unknown inherent risks, including the risk of the Facilities. By engaging in such useinjury, permanent disability, or permitting use even death, deriving from, but not limited to, equipment malfunctions; building malfunctions; lack of supervision and/or trained trampoline monitors; lack of proper equipment or padding, netting, or other safety measures; slipping; falling; landing; or colliding with fixed objects or other people, as well as the negligence and/or omissions committed by a dependentme, my spouse and/or my child(ren)/▇▇▇▇(s), SPIDER MONKEY COLORADO, LLC, and/or any other person and/or entity while on the premises. I hereby voluntarily accept and assume full responsibility for these all such risks. In consideration of I further understand and acknowledge that SPIDER MONKEY COLORADO, LLC does not manufacture the use of trampolines or other equipment in its facilities but purchases and/or leases the Facilitiestrampolines and equipment and therefore SPIDER MONKEY COLORADO, I agree that the Metro Atlanta YMCA and its directors, officers, members, employees, volunteers, and agents (collectively, the "YMCA”) will LLC may not be held liable for any injury defective products. Despite all known and unknown risks including but not limited to my person serious bodily injury, permanent disability, paralysis and loss of life that may be sustained while on or property or to the person or property of any dependent of mine. Furtherabout SPIDER MONKEY COLORADO, LLC’S facility, I, on behalf of myself myself, and/or on behalf of my spouse, minor child(ren)/▇▇▇▇(s) hereby expressly, unconditionally and my legal successorsvoluntarily remise, I do hereby release, waive, relinquish, acquit, satisfy and forever discharge and agree and covenant not to ▇▇▇ SPIDER MONKEY COLORADO, LLC, including its suppliers, designers, installers, manufacturers of any trampoline equipment, foam pit material, or such other material and equipment in SPIDER MONKEY COLORADO, LLC’S facility (all hereinafter referred to as “EQUIPMENT SUPPLIERS”) and agree to hold said parties harmless the YMCA of and from any and all liability manner of actions or omission(s), causes of action, suits, sums of money, controversies, damages, judgments, executions, claims and claims arising from my usedemands whatsoever, in law or use of a dependent of minein equity, of the Facilities. I further covenant including, but not to sue the YMCA with respect limited to, and I waive any and all claims that I may have now which allege negligent acts and/or omissions committed by SPIDER MONKEY COLORADO, LLC or any EQUIPMENT SUPPLIERS while in or about the future against the YMCA for premises and/or while participating in or as a result of participating in any liability arising from the use of the FacilitiesACTIVITIES in or about the premises and/or while using any items purchased in or about the premises, whether the action arises out of any damage, loss, personal injury, emotional injury, or death to me or my spouse, minor child(ren)/▇▇▇▇(s). This waiver includes, but Release of Liability is not limited to, all liability effective and claims arising from personal injury (including death), accidents or illness and damage tovalid regardless of whether the damage, loss ofor death is a result of any act or omission on the part of SPIDER MONKEY COLORADO, or theft of property. I understand that, notwithstanding the foregoing, should I sue or file LLC and/or any claim against the YMCA, or threaten to sue or file any such claim, the YMCA may terminate my membership privileges and my involvement in any program or activity of the YMCA. BY SIGNING AT THE BOTTOM OF THIS AGREEMENT, I UNDERSTAND I AM RELEASING THE YMCA FROM ALL LIABILITY TO ME, AND MY DEPENDENTS, FOR ANY AND ALL LOSSES AND DAMAGE TO ME OR SUCH DEPENDENT, AND I FOREVER GIVE UP ANY CLAIMS THEREFOR ON ACCOUNT OF INJURY TO PERSON OR PROPERTY, WHETHER CAUSED BY THE NEGLIGENCE OF THE YMCA OR OTHERWISEEQUIPMENT SUPPLIERS.
Appears in 1 contract
Sources: Indemnification Agreement
ASSUMPTION OF RISK AND RELEASE OF LIABILITY. I acknowledge EXPRESSLY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH MY PARTICIPATION IN OR USE OF ANY AND ALL FACILITIES OR ACTIVITIES, INCLUDING THE RISKS OF INJURY, PARALYSIS OR DEATH. MY PARTICIPATION AND USE IS PURELY VOLUNTARY AND I ELECT TO DO SO IN SPITE OF THE RISKS. I AGREE TO RELEASE AND FOREVER DISCHARGE ONSIGHT ROCK GYM LLC AND ANY OF THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AS WELL AS ANY OTHER PERSONS, CORPORATIONS, LANDLORDS AND PROPERTY OWNERS, OR OTHER ENTITIES THAT MIGHT HAVE ANY LIABILITY TO ME (COLLECTIVELY THE “RELEASED PARTIES”), FROM AND AGAINST ANY AND ALL DAMAGES, ACTIONS, CLAIMS, AND LIABILITIES, WHETHER KNOWN OR UNKNOWN, ANTICIPATED, SUSPECTED OR UNSUSPECTED, RELATING TO OR ARISING FROM ANY ACTIVITY, OCCURRENCE OR EVENT INVOLVING ONSIGHT ROCK GYM OR ANY OF THE RELEASED PARTIES, WITH THE EXCEPTION OF GROSS NEGLIGENCE. INITIAL [ ] I (Participant and/or Participant’s parent or legal guardian), for myself and for the child, agree to engage in good faith efforts to mediate any dispute that might arise between me or the minor child and a Released Party. Should the issue not be resolved by mediation, I agree that use of any all disputes, controversies, or claims between the parties will be submitted to binding arbitration in accordance with the applicable rules of the YMCA American Arbitration Association then in effect. I agree to pursue mediation and/or arbitration as an individual party and waive all rights to bring claim(s) as a group or class. In other words, I agree not to consolidate or join my claim(s) with any other party’s claim(s) in mediation or arbitration. The number of Metro Atlanta facilities, services, equipment or premises (the “Facilities”) necessarily involves risks arbitrators shall be one. The place of injury to my person and property, and to the person or property of any child or legal mediation and/or arbitration shall be ▇▇▇▇ County, Tennessee. Tennessee law shall apply. Judgment rendered by the arbitrator may be entered in any court having jurisdiction thereof. Except as required by law, neither a participant nor its representatives, or Onsight Rock Gym (the “Parties”), may disclose the existence, content, or results of mine (hereinafter “dependents”) that I any arbitration hereunder without the prior written consent of both Parties. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after one year from when the aggrieved party knew or should have requested or allowed entry to or use known of the Facilitiescontroversy, claim, dispute or breach. By engaging This agreement applies to all claims and disputes between Onsight Rock Gym and the Participant, including the Participant’s parent, legal guardian or any person who signs on a minor Participant’s behalf. This includes, without limitation, all claims and disputes arising out of, in such useconnection with, or permitting use by a dependent, I voluntarily accept and assume full responsibility for these risks. In consideration of the use of the Facilities, I agree that the Metro Atlanta YMCA and its directors, officers, members, employees, volunteers, and agents (collectively, the "YMCA”) will not be liable for any injury to my person or property or relating to the person or property of any dependent of mine. Further, on behalf of myself and my legal successors, I do hereby release, discharge and hold harmless Participant’s activities at the YMCA from any and all liability and claims arising from my use, or use of a dependent of mine, of the Facilities. I further covenant not to sue the YMCA with respect to, and I waive any and all claims that I may have now Facility or in the future against the YMCA for other activities at any liability arising from the use of the Facilitieslocations, either indoor or outdoor, which are sponsored by or involve Onsight Rock Gym. This waiver includes, but is not limited to, all liability and claims arising from personal injury (including death), accidents or illness and damage to, loss of, or theft of property. I understand that, notwithstanding the foregoing, should I sue or file any claim against the YMCA, or threaten to sue or file any such claim, the YMCA may terminate my membership privileges and my involvement in any program or activity of the YMCA. BY SIGNING AT THE BOTTOM OF THIS AGREEMENT, I UNDERSTAND I AM RELEASING THE YMCA FROM ALL LIABILITY TO ME, AND MY DEPENDENTS, FOR ANY AND ALL LOSSES AND DAMAGE TO ME OR SUCH DEPENDENT, AND I FOREVER GIVE UP ANY CLAIMS THEREFOR ON ACCOUNT OF INJURY TO PERSON OR PROPERTY, WHETHER CAUSED BY THE NEGLIGENCE OF THE YMCA OR OTHERWISE.INITIAL [ ]
Appears in 1 contract
Sources: Release of Liability, Assumption of Risk, Indemnification, and Participation Agreement
ASSUMPTION OF RISK AND RELEASE OF LIABILITY. I acknowledge and agree that use of any of the YMCA of Metro Atlanta facilitiesI and/or my spouse, services, equipment or premises (the “Facilities”) necessarily involves risks of injury to my person and property, and to the person or property of any child or legal minor child(ren)/▇▇▇▇ of mine (hereinafter “dependents”) ▇(s), for whom I represent that I have requested full authority as parent or allowed entry legal guardian to or use bind the minor participant to this agreement, am voluntarily participating in the ACTIVITIES, which I agree are dangerous and entail both known and unknown inherent risks, including the risk of the Facilities. By engaging in such useinjury, permanent disability, or permitting use even death, deriving from, but not limited to, equipment malfunctions; building malfunctions; lack of supervision and/or trained trampoline monitors; lack of proper equipment or padding, netting, or other safety measures; slipping; falling; landing; or colliding with fixed objects or other people, as well as the negligence and/or omissions committed by a dependentme, my spouse and/or my child(ren)/▇▇▇▇(s), DEFYGRAVITY TRIANGLE LLC, and/or any other person and/or entity while on the premises. I hereby voluntarily accept and assume full responsibility for these all such risks. In consideration of I further understand and acknowledge that DEFYGRAVITY TRIANGLE LLC does not manufacture the use of trampolines or other equipment in its facilities but purchases and/or leases the Facilities, I agree that the Metro Atlanta YMCA trampolines and its directors, officers, members, employees, volunteers, equipment and agents (collectively, the "YMCA”) will therefore DEFYGRAVITY TRIANGLE LLC may not be held liable for any injury defective products. Despite all known and unknown risks including but not limited to my person serious bodily injury, permanent disability, paralysis and loss of life that may be sustained while on or property or to the person or property of any dependent of mine. Furtherabout DEFYGRAVITY TRIANGLE LLC’S facility, I, on behalf of myself myself, and/or on behalf of my spouse, minor child(ren)/▇▇▇▇(s) hereby expressly, unconditionally and my legal successorsvoluntarily remise, I do hereby release, waive, relinquish, acquit, satisfy and forever discharge and agree and covenant not to sue DEFYGRAVITY TRIANGLE LLC, including its suppliers, designers, installers, manufacturers of any trampoline equipment, foam pit material, or such other material and equipment in DEFYGRAVITY TRIANGLE LLC’S facility (all hereinafter referred to as “EQUIPMENT SUPPLIERS”) and agree to hold said parties harmless the YMCA of and from any and all liability manner of actions or omission(s), causes of action, suits, sums of money, controversies, damages, judgments, executions, claims and claims arising from my usedemands whatsoever, in law or use of a dependent of minein equity, of the Facilities. I further covenant including, but not to sue the YMCA with respect limited to, and I waive any and all claims that I may have now which allege negligent acts and/or omissions committed by DEFYGRAVITY TRIANGLE LLC or any EQUIPMENT SUPPLIERS while in or about the future against the YMCA for premises and/or while participating in or as a result of participating in any liability arising from the use of the FacilitiesACTIVITIES in or about the premises and/or while using any items purchased in or about the premises, whether the action arises out of any damage, loss, personal injury, emotional injury, or death to me or my spouse, minor child(▇▇▇)/▇▇▇▇(s). This waiver includes, but Release of Liability is not limited to, all liability effective and claims arising from personal injury (including death), accidents or illness and damage tovalid regardless of whether the damage, loss of, or theft death is a result of property. I understand that, notwithstanding any act or omission on the foregoing, should I sue or file part of DEFYGRAVITY TRIANGLE LLC and/or any claim against the YMCA, or threaten to sue or file any such claim, the YMCA may terminate my membership privileges and my involvement in any program or activity of the YMCA. BY SIGNING AT THE BOTTOM OF THIS AGREEMENT, I UNDERSTAND I AM RELEASING THE YMCA FROM ALL LIABILITY TO ME, AND MY DEPENDENTS, FOR ANY AND ALL LOSSES AND DAMAGE TO ME OR SUCH DEPENDENT, AND I FOREVER GIVE UP ANY CLAIMS THEREFOR ON ACCOUNT OF INJURY TO PERSON OR PROPERTY, WHETHER CAUSED BY THE NEGLIGENCE OF THE YMCA OR OTHERWISEEQUIPMENT SUPPLIERS.
Appears in 1 contract
Sources: Waiver and Release Agreement
ASSUMPTION OF RISK AND RELEASE OF LIABILITY. I acknowledge and agree that use of any of the YMCA of Metro Atlanta facilitiesI and/or my spouse, services, equipment or premises (the “Facilities”) necessarily involves risks of injury to my person and property, and to the person or property of any child or legal minor child(ren)/▇▇▇▇ of mine (hereinafter “dependents”) ▇(s), for whom I represent that I have requested full authority as parent or allowed entry legal guardian to or use bind the minor participant to this agreement, am voluntarily participating in the ACTIVITIES, which I agree are dangerous and entail both known and unknown inherent risks, including the risk of the Facilities. By engaging in such useinjury, permanent disability, or permitting use even death, deriving from, but not limited to, equipment malfunctions; building malfunctions; lack of supervision and/or trained trampoline monitors; lack of proper equipment or padding, netting, or other safety measures; slipping; falling; landing; or colliding with fixed objects or other people, as well as the negligence and/or omissions committed by a dependentme, my spouse and/or my child(ren)/▇▇▇▇(s), AREA51 LOUISIANA, LLC, and/or any other person and/or entity while on the premises. I hereby voluntarily accept and assume full responsibility for these all such risks. In consideration of I further understand and acknowledge that AREA51 LOUISIANA, LLC does not manufacture the use of trampolines or other equipment in its facilities but purchases and/or leases the Facilitiestrampolines and equipment and therefore AREA51 LOUISIANA, I agree that the Metro Atlanta YMCA and its directors, officers, members, employees, volunteers, and agents (collectively, the "YMCA”) will LLC may not be held liable for any injury defective products. Despite all known and unknown risks including but not limited to my person serious bodily injury, permanent disability, paralysis and loss of life that may be sustained while on or property or to the person or property of any dependent of mine. Furtherabout AREA51 LOUISIANA, LLC’S facility, I, on behalf of myself myself, and/or on behalf of my spouse, minor child(ren)/▇▇▇▇(s) hereby expressly, unconditionally and my legal successorsvoluntarily remise, I do hereby release, waive, relinquish, acquit, satisfy and forever discharge and agree and covenant not to ▇▇▇ AREA51 LOUISIANA, LLC, including its suppliers, designers, installers, manufacturers of any trampoline equipment, foam pit material, or such other material and equipment in AREA51 LOUISIANA, LLC’S facility (all hereinafter referred to as “EQUIPMENT SUPPLIERS”) and agree to hold said parties harmless the YMCA of and from any and all liability manner of actions or omission(s), causes of action, suits, sums of money, controversies, damages, judgments, executions, claims and claims arising from my usedemands whatsoever, in law or use of a dependent of minein equity, of the Facilities. I further covenant including, but not to sue the YMCA with respect limited to, and I waive any and all claims that I may have now which allege negligent acts and/or omissions committed by AREA51 LOUISIANA, LLC or any EQUIPMENT SUPPLIERS while in or about the future against the YMCA for premises and/or while participating in or as a result of participating in any liability arising from the use of the FacilitiesACTIVITIES in or about the premises and/or while using any items purchased in or about the premises, whether the action arises out of any damage, loss, personal injury, emotional injury, or death to me or my spouse, minor child(ren)/▇▇▇▇(s). This waiver includes, but Release of Liability is not limited to, all liability effective and claims arising from personal injury (including death), accidents or illness and damage tovalid regardless of whether the damage, loss ofor death is a result of any act or omission on the part of AREA51 LOUISIANA, or theft of property. I understand that, notwithstanding the foregoing, should I sue or file LLC and/or any claim against the YMCA, or threaten to sue or file any such claim, the YMCA may terminate my membership privileges and my involvement in any program or activity of the YMCA. BY SIGNING AT THE BOTTOM OF THIS AGREEMENT, I UNDERSTAND I AM RELEASING THE YMCA FROM ALL LIABILITY TO ME, AND MY DEPENDENTS, FOR ANY AND ALL LOSSES AND DAMAGE TO ME OR SUCH DEPENDENT, AND I FOREVER GIVE UP ANY CLAIMS THEREFOR ON ACCOUNT OF INJURY TO PERSON OR PROPERTY, WHETHER CAUSED BY THE NEGLIGENCE OF THE YMCA OR OTHERWISEEQUIPMENT SUPPLIERS.
Appears in 1 contract
Sources: Indemnification & Liability