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

Assumption of Risk and Waiver of Liability. Recipient and its respective present and former parents, subsidiaries, affiliates, officers, directors, shareholders, members, successors, and assigns (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. Recipient Parties do hereby release, waive, discharge, and covenant not to sue Panda, Panda Express, Inc., Panda Cares Foundation, and each of their respective present and former, direct and indirect, parents, subsidiaries, affiliates, directors, officers, shareholders, predecessors, 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, “Donor Parties”) from liability for each and every claim, action, suit, cause of action, damage (including consequential damages), demand, loss and expense, including but not limited to attorney’s fees and costs, that it has or might have, in any way arising out of or in connection with this Waiver for the 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 applicable law, be in addition to, and not in replacement or substitution 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: (a) Recipient’s breach of this Waiver; (b) negligence of Recipient in connection with the Food Products; or (c) failure by Recipient to comply 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

Assumption of Risk and Waiver of Liability. Recipient 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 respective present and former parents, subsidiaries, affiliates, officers, directors, shareholders, members, successors, and assigns (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. Recipient Parties do hereby release, waive, discharge, and covenant not to sue Panda, Panda Express, Inc., Panda Cares Foundation, and each of their respective present and former, direct and indirect, parents, subsidiaries, affiliates, directors, officers, shareholdersemployees, predecessorsvolunteers, successorsmembers and/or members of “RP” members’ families. Parent does hereby release and forever discharge “RP” and its directors, assignsofficers, affiliatesemployees, board volunteers, members and members of “RP” members’ families and their successors and assigns from any and all liability, agentsclaims and demands of whatever kind or nature, insurance carrierseither in law or in equity, attorneyswhich 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, servantspersonal 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 employees (including, without limitation, members of “RP” members’ families or other participants in “RP” activities or otherwise arising. Parent also understands that “RP” does not assume any company engaged responsibility for the preparation and delivery of the Food Products) (collectively, “Donor Parties”) from liability for each and every claim, action, suit, cause of action, damage (including consequential damages), demand, loss and expenseor obligation to provide financial assistance or other assistance, including but not limited to attorney’s fees and costsmedical, that it has health or might have, disability insurance in any way arising out the event of injury or in connection with illness. (Please initial to indicate you have read this Waiver for the Food Products except to the extent that any such liability cannot be released or waived under applicable federal, state or local lawparagraph. The foregoing shall, to the fullest extent of applicable law, be in addition to, and not in replacement or substitution 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: (a) Recipient’s breach of this Waiver; (b) negligence of Recipient in connection with the Food Products; or (c) failure by Recipient to comply 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)