ASSUMPTION OF RISK, DISCLAIMER OF LIABILITY. Storage is accepted at the sole risk of the owner. The Marina assumes no liability for fire, theft, flood, wind storms, ice, freezing, malicious mischief or any other condition. Owner hereby releases the Marina from any and all liability from loss, injury or damages to persons or property sustained while in or on the Marina’s premises. Owner agrees to remove all electronics, radios, out drives and outboards from the boat. If boat is stored on a trailer, owner agrees to install trailer lock and/or remove trailer tire. If a vessel is stored in jack stands – NEVER MOVE JACK STANDS! The Marina PROVIDES NO SECURITY PROTECTION AND ASSUMES NO RESPONSIBILITY whatsoever for safety of any vessel or equipment referred to herein, directly or indirectly. Vessel Owner and vessel assume the risk of use of the Marina. Xxxxxx assumes no responsibility for and shall not be liable for the care, protection, and security of the boat. Xxxxxx is not to be considered under this agreement as an insurer of boat Owner’s property and boat Owner should secure such insurance as is required hereunder. Boat Owner, for himself, for the boat and for boat Owner’s agents and guests, hereby releases Marina from any and all liability for loss, death, damage, or injury (collectively “injury”) to any person or property in connection with the condition or use of the boat or the condition of use of the Marina or its services (including forklift or travel lift services or shrink wrapping or resulting fire thereof or unloading or loading of trailers), including Xxxxxx’s negligence. Boat Owner and boat shall indemnify and hold harmless the Marina from any claims, suits, actions, damages, liability or expense in connection with any “injury”. Under no circumstances shall the Marina be liable for indirect, consequential, special or exemplary damages, whether in contract or tort (including strict liability and negligence) with respect to boat Owner’s use of the Marina. Boat, boat Owner and boat Owner’s insurers agree to waive any right to petition for exoneration from or limitation of liability under the laws of the United States in the event the boat is involved in any casualty resulting in personal injury, death or property damage while docked at the Marina or in connection with this agreement. Boat owner is responsible for any damage his boat may cause to Xxxxxx’s dock structures, piling, or other vessels in the Marina. WINTER STORAGE P. 2 of 3 The owner warrants and covenants that neither the owner, ...
ASSUMPTION OF RISK, DISCLAIMER OF LIABILITY. Licensee, for itself and its invitees, assumes all risk of personal injury to, or for any damage to or any loss of property of, Licensee or its invitees, arising out of, during, or related to their attendance at events held in the Ballpark. Licensee acknowledges that there are inherent risks of injury, including death, incident to attending baseball games. These risks may arise from balls hit or thrown into the stands, bats thrown into the stands, dropped objects or spilled food or beverages, behavior of fans, or other causes. Licensee also acknowledges that alcoholic beverages will be available in the Ballpark and that attendance at sporting events may expose attendees to risks associated with the consumption of alcoholic beverages. NONE OF THE LICENSOR, THE CARDINALS, OR THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUCCESSORS-IN-INTEREST SHALL BE LIABLE OR RESPONSIBLE FOR ANY LOSS, DAMAGE, OR INJURY TO ANY PERSON OR TO ANY PROPERTY OF LICENSEE OR LICENSEE’S INVITEES RESULTING FROM ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO THEFT AND VANDALISM, UNLESS DUE TO THE GROSS NEGLIGENCE OR THE WILLFUL MISCONDUCT OF THE LICENSOR, THE CARDINALS, OR THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUCCESSORS-IN- INTEREST. In addition, Licensee agrees to indemnify and hold harmless Licensor, the Cardinals, and the respective owners, officers, directors, employees, agents and successors-in-interest of each such entity, from and against any liability, losses, claims, demands, costs and expenses, including attorneys’ fees and litigation expenses, arising out of any personal injury or property damage arising as a result of or in connection with any contravention by Licensee or Licensee’s invitees of the provisions of this Agreement or of any applicable laws, rules, regulations or order of any governmental agency having appropriate jurisdiction over any actions of Licensee or Licensee’s invitees.
ASSUMPTION OF RISK, DISCLAIMER OF LIABILITY. Indemnity: The dock lockers, Slips, Kiosk, Lease Area and the Marina are to be used at the sole risk of AREI, and AREI hereby assumes such risk. The City assumes no responsibility for and shall not be liable for the care, protection and security of the Boats. AREI, for itself, for the Boat and for AREI's Agents (as defined in Section 24) hereby releases the City from any and all liability for loss, death, damage or injury (collectively "injury") to any person or property arising out of or in connection with the condition or use of the Boats or the condition or use of the City or its services (including forklift, travel lift, unloading or loading of trailers and other services) whether such injury is caused by or through the acts or omissions of the City or by any other cause whatsoever, including the City's negligence, except the City's gross negligence or willful misconduct. XXXX shall indemnify and hold harmless the City from any claims, suits, actions, damages, liability or expense (including attorneys' fees) in connection with any injury (unless due to the willful misconduct or gross negligence of City) or arising from XXXX's breach of this Agreement. Marina is not to be considered under this Agreement as an insurer of AREI's property and AREI should secure such insurance as AREI desires, AREI is advised to remove all items not permanently attached to the Boats while each Boat is in the Marina. Under no circumstances shall the City be liable for indirect, consequential, special or exemplary damages, whether in contract or tort (including strict liability and negligence) with respect to AREI's use of the Marina. AREI and XXXX's insurers agree to waive any right to petition for exoneration from or limitation of liability under the laws of the United States in the event the Boats are involved in any casualty resulting in personal injury, death or property damage while stored at the Marina or in connection with this Agreement. In consideration of the monetary Lease Payment set forth in this Agreement, Owner agrees that the City shall not carry any insurance for the protection of Owner or Boats.
