Common use of ASSUMPTION OF RISK, DISCLAIMER OF LIABILITY Clause in Contracts

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, the Vessel, nor anyone in privity with either, will make any claims, demands, causes of action of any kind and nature, or obtain or enforce any judgments, executions or levies thereon, directly or indirectly (including subrogation matters), against Xxxxxx, its officers, directors, agents, servants, or its employees, arising out of any damage, loss, personal injury or death suffered by them or those in privity with them or any damage, loss, personal injury or death suffered by other owners, vessels, or persons in privity with them, for which third party claims might otherwise be raised against Xxxxxx, etc. the owner and Vessel agree and covenant that they will defend, indemnify and save Xxxxxx harmless from any and all such claims, demands, causes of action, judgments and executions, and the Marina shall be entitled to responsible attorneys fees in the event of breach of the owner’s covenant hereunder.

Appears in 2 contracts

Samples: irp.cdn-website.com, irp-cdn.multiscreensite.com

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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. WINTER STORAGE P.2 of 3 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, the Vessel, nor anyone in privity with either, will make any claims, demands, causes of action of any kind and nature, or obtain or enforce any judgments, executions or levies thereon, directly or indirectly (including subrogation matters), against Xxxxxx, its officers, directors, agents, servants, or its employees, arising out of any damage, loss, personal injury or death suffered by them or those in privity with them or any damage, loss, personal injury or death suffered by other owners, vessels, or persons in privity with them, for which third party claims might otherwise be raised against Xxxxxx, etc. the owner and Vessel agree and covenant that they will defend, indemnify and save Xxxxxx harmless from any and all such claims, demands, causes of action, judgments and executions, and the Marina shall be entitled to responsible attorneys fees in the event of breach of the owner’s covenant hereunder.

Appears in 1 contract

Samples: irp.cdn-website.com

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 Boat Owner and vessel Boat assume the risk of use of the Slip and the Marina. Xxxxxx assumes no responsibility for and shall not be liable for the care, protection, and security of the boatBoat. Xxxxxx is not to be considered under this agreement Agreement as an insurer of boat Boat Owner’s property and boat Boat Owner should secure such insurance as is required by Section 8 hereunder. Boat Owner, for himself, for the boat Boat and for boat Boat Owner’s agents and guests, hereby releases Marina from any and all liability for loss, death, damage, damage or injury (collectively “injury”) to any person or property in connection with the condition or use of the boat Boat or the condition of or 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 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 Boat Owner’s use of the Marina. Boat, boat Boat Owner and boat 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 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, the Vessel, nor anyone in privity with either, will make any claims, demands, causes of action of any kind and nature, or obtain or enforce any judgments, executions or levies thereon, directly or indirectly (including subrogation matters), against Xxxxxx, its officers, directors, agents, servants, or its employees, arising out of any damage, loss, personal injury or death suffered by them or those in privity with them or any damage, loss, personal injury or death suffered by other owners, vessels, or persons in privity with them, for which third party claims might otherwise be raised against Xxxxxx, etc. the owner and Vessel agree and covenant that they will defend, indemnify and save Xxxxxx harmless from any and all such claims, demands, causes of action, judgments and executions, and the Marina shall be entitled to responsible attorneys fees in the event of breach of the owner’s covenant hereunderAgreement.

Appears in 1 contract

Samples: Stone Harbor Marina License Agreement

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, the Vessel, nor anyone in privity with either, will make any claims, demands, causes of action of any kind and nature, or obtain or enforce any judgments, executions or levies thereon, directly or indirectly (including subrogation matters), against Xxxxxx, its officers, directors, agents, servants, or its employees, arising out of any damage, loss, personal injury or death suffered by them or those in privity with them or any damage, loss, personal injury or death suffered by other owners, vessels, or persons in privity with them, for which third party claims might otherwise be raised against Xxxxxx, etc. the owner and Vessel Xxxxxx agree and covenant that they will defend, indemnify and save Xxxxxx harmless from any and all such claims, demands, causes of action, judgments and executions, and the Marina shall be entitled to responsible attorneys fees in the event of breach of the owner’s covenant hereunder.

Appears in 1 contract

Samples: cdn.website.thryv.com

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ASSUMPTION OF RISK, DISCLAIMER OF LIABILITY. Storage Summer slip rental 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, the Vessel, nor no anyone in privity with either, will make any claims, demands, causes of action of any kind and nature, or obtain or enforce any judgments, executions or levies thereon, directly or indirectly (including subrogation matters), against Xxxxxx, its officers, directors, agents, servants, or its employees, arising out of any damage, loss, personal injury or death suffered by them or those in privity with them or any damage, loss, personal injury or death suffered by other owners, vessels, or persons in privity with them, for which third party claims might otherwise be raised against Xxxxxx, etc. the owner and Vessel agree and covenant that they will defend, indemnify and save Xxxxxx harmless from any and all such claims, demands, causes of action, judgments and executions, and the Marina shall be entitled to responsible attorneys fees in the event of breach of the owner’s covenant hereunder.

Appears in 1 contract

Samples: cdn.website.thryv.com

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 xxxx stands – NEVER MOVE JACK XXXX 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 Marina assumes no responsibility for and shall not be liable for the care, protection, and security of the boat. Xxxxxx Marina 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 XxxxxxMarina’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 XxxxxxMarina’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, the Vessel, nor anyone in privity with either, will make any claims, demands, causes of action of any kind and nature, or obtain or enforce any judgments, executions or levies thereon, directly or indirectly (including subrogation matters), against XxxxxxMarina, its officers, directors, agents, servants, or its employees, arising out of any damage, loss, personal injury or death suffered by them or those in privity with them or any damage, loss, personal injury or death suffered by other owners, vessels, or persons in privity with them, for which third party claims might otherwise be raised against XxxxxxMarina, etc. the owner and Vessel agree and covenant that they will defend, indemnify and save Xxxxxx Marina harmless from any and all such claims, demands, causes of action, judgments and executions, and the Marina shall be entitled to responsible attorneys fees in the event of breach of the owner’s covenant hereunder.

Appears in 1 contract

Samples: irp-cdn.multiscreensite.com

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