Common use of Assumption of Risk and Waiver of Liability Clause in Contracts

Assumption of Risk and Waiver of Liability. Parent specifically acknowledges that the “RP” activities will involve maneuvering a boat, sailboard or other watercraft on deep waters in potentially hazardous conditions which may include, among other things, strong winds and high waves, sudden and unexpected immersion in deep waters and collisions with other watercraft or stationary objects, such as docks, pilings, and buoys. With knowledge of the dangers involved, Xxxxxx hereby voluntarily requests that his/her Child be allowed to take part in the “RP” activities. PARENT XXXXXX ACCEPTS ANY AND ALL RISKS TO HIS/HER CHILD OF INJURY, DEATH AND PROPERTY DAMAGE ARISING FROM PARTICIPATION IN THE “RP” ACTIVITIES AND THE USE OF THE “RP” FACILITIES AND PROPERTY, WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR GROSS NEGLIGENCE of “RP” and its directors, officers, employees, volunteers, members and/or members of “RP” members’ families. Parent does hereby release and forever discharge “RP” and its directors, officers, employees, volunteers, members and members of “RP” members’ families and their successors and assigns from any and all liability, claims and demands of whatever kind or nature, either in law or in equity, which arise or may hereafter arise from his/her Child’s participation in “RP” activities. Parent understands that this Release discharges “RP” from any liability or claim that the Parent or Child may have against “RP” with respect to any bodily injury, personal injury, illness, death or property damage that may result from his/her Child’s participation in “RP” activities, whether caused by the negligence or gross negligence of “RP”, its directors, officers, employees, volunteers, members and members of “RP” members’ families or other participants in “RP” activities or otherwise arising. Parent also understands that “RP” does not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health or disability insurance in the event of injury or illness. (Please initial to indicate you have read this paragraph. )

Assumption of Risk and Waiver of Liability. Parent specifically acknowledges that the “RP” activities will involve maneuvering a boatRecipient and its respective present and former parents, sailboard or other watercraft on deep waters in potentially hazardous conditions which may includesubsidiaries, among other thingsaffiliates, strong winds and high wavesofficers, sudden and unexpected immersion in deep waters and collisions with other watercraft or stationary objectsdirectors, such as docksshareholders, pilingsmembers, successors, and buoysassigns (collectively, “Recipient Parties”) assume all risks associated with any foods as may be donated by Panda from time to time (collectively, “Food Products”), including matters of health and safety associated thereof. With knowledge Recipient Parties do hereby release, waive, discharge, and covenant not to sue Panda, Panda Express, Inc., Panda Cares Foundation, and each of the dangers involvedtheir respective present and former, Xxxxxx hereby voluntarily requests that his/her Child be allowed to take part in the “RP” activities. PARENT XXXXXX ACCEPTS ANY AND ALL RISKS TO HIS/HER CHILD OF INJURYdirect and indirect, DEATH AND PROPERTY DAMAGE ARISING FROM PARTICIPATION IN THE “RP” ACTIVITIES AND THE USE OF THE “RP” FACILITIES AND PROPERTYparents, WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR GROSS NEGLIGENCE of “RP” and its subsidiaries, affiliates, directors, officers, employeesshareholders, volunteerspredecessors, members and/or members successors, assigns, affiliates, board members, agents, insurance carriers, attorneys, servants, and employees (including, without limitation, any company engaged for the preparation and delivery of the Food Products) (collectively, “RP” members’ families. Parent does hereby release Donor Parties”) from liability for each and forever discharge “RP” every claim, action, suit, cause of action, damage (including consequential damages), demand, loss and its directors, officers, employees, volunteers, members and members of “RP” members’ families and their successors and assigns from any and all liability, claims and demands of whatever kind or nature, either in law or in equity, which arise or may hereafter arise from his/her Child’s participation in “RP” activities. Parent understands that this Release discharges “RP” from any liability or claim that the Parent or Child may have against “RP” with respect to any bodily injury, personal injury, illness, death or property damage that may result from his/her Child’s participation in “RP” activities, whether caused by the negligence or gross negligence of “RP”, its directors, officers, employees, volunteers, members and members of “RP” members’ families or other participants in “RP” activities or otherwise arising. Parent also understands that “RP” does not assume any responsibility for or obligation to provide financial assistance or other assistanceexpense, including but not limited to medicalattorney’s fees and costs, health that it has or disability insurance might have, in any way arising out of or in connection with this Waiver for the event Food Products except to the extent that any such liability cannot be released or waived under applicable federal, state or local law. The foregoing shall, to the fullest extent of injury applicable law, be in addition to, and not in replacement or illnesssubstitution of, any legal protections offered by any “Good Samaritan” or other similar laws in any jurisdiction. Warranty Disclaimer. THE FOOD ITEMS ARE DONATED "AS IS" WITH ALL FAULTS. DONOR MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE FOOD ITEMS, INCLUDING ANY WARRANTY OF WHOLESOMENESS, CONDITION, QUALITY, OR SUITABILITY, WARRANTY OF MERCHANTABILITY, OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. Indemnification and Hold Harmless. Recipient agrees to indemnify and hold the Donor Parties harmless from any and all claims, actions, suits, judgments, settlements, penalties, awards, fines, procedures, costs, expenses, damages, and liabilities, including attorney’s fees incurred by the Donor Parties arising out of or related to: (Please initial a) Recipient’s breach of this Waiver; (b) negligence of Recipient in connection with the Food Products; or (c) failure by Recipient to indicate you have read this paragraphcomply with applicable laws, regulations or codes. )Limitation of Liability. IN NO EVENT SHALL DONOR PARTIES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, OR IN CONNECTION WITH THE FOOD ITEMS, DONATION OF THE FOOD ITEMS, OR ANY BREACH OF THIS AGREEMENT, REGARDLESS OF