Assumption of Risk; Release. YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE SERVICE. YOU, ON BEHALF OF YOURSELF, YOUR COMPANY, YOUR PERSONAL REPRESENTATIVES, AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND, AND INDEMNIFY SHAPEBUD AND ITS FOUNDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS, AFFILIATES, CONSULTANTS, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “SHAPEBUD PARTIES”) FROM ANY AND ALL CLAIMS, ACTIONS, OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY, OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD-PARTIES, THAT MAY RESULT FROM YOUR USE OF THE SERVICE.
Assumption of Risk; Release. Grantee assumes all risks involved in the Permitted Uses and Grantee’s presence on the Easement Areas and, to the fullest extent permitted by law, hereby releases and forever discharges Grantor and Grantor’s officers, directors, shareholders, managers, members, agents, employees, affiliates, successors, and assigns (the “Grantor Parties”) from any liability for loss, damage, or injury incurred by Grantee as a result of or in connection with Xxxxxxx’s entry or presence on, or any use of, the Easement Areas. Xxxxxxx acknowledges that it has examined the Easement Areas and has accepted them in their “AS-IS” condition.
Assumption of Risk; Release. (a) Subtenant, as a material part of the consideration to Sublandlord, hereby assumes all risk of damage to property or loss of property in, from, upon, or about the Sublet Premises from any source and to whomsoever belonging, and Subtenant hereby waives all claims in respect thereof against Sublandlord except claims arising directly from or out of the negligence or willful misconduct of Sublandlord, its servants, agents or employees. Without limiting the foregoing, (a) Subtenant hereby releases Sublandlord, its agents and employees from any damage to property of Subtenant or of others entrusted to employees of Landlord, and (b) Subtenant agrees that none of Sublandlord, its agents or employees, or Landlord or its agents or employees shall be liable for and Subtenant hereby releases them from (i) the loss or damage to any property of Subtenant or others by theft or otherwise, or (ii) any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, electrical disturbance, water, rain or snow or leaks from any part of the Building or from the pipes, appliances or plumbing works or from the roof, street, or sub-surface or from any other place or by dampness or by any other cause of whatsoever nature (whether similar or dissimilar to those above specified), unless directly caused by the negligence or willful misconduct of the released party.
Assumption of Risk; Release. APPLICANT AND APPLICANT’S IMMEDIATE FAMILY AND GUESTS SHALL USE THE CLUB FACILITIES PROVIDED AT THE SATICOY CLUB AT THEIR OWN RISK. APPLICANT ACKNOWLEDGES THAT THE GAME OF GOLF AND THE USE OF THE OTHER CLUB FACILITIES PROVIDED AT THE CLUB CAN BE A DANGEROUS ACTIVITY AND INJURIES MAY RESULT FROM USING THE CLUB FACILITIES AND THAT USE OF THE CLUB FACILITIES AND SERVICES INVOLVES CERTAIN RISKS, INCLUDING, WITHOUT LIMITATION, THE RISK OF OPERATING A GOLF CART, BEING STRUCK BY GOLF BALLS AND GOLF CLUBS AND OTHER OBJECTS UTILIZED OR LOCATED AT A GOLF AND COUNTRY CLUB FACILITY, SWIMMING, PLAYING TENNIS, USING FACILITIES IN AND IN CLOSE PROXIMITY TO WATER, EXERCISING AND USING EXERCISE EQUIPMENT, ADVERSE WEATHER CONDITIONS INCLUDING LIGHTNING, EARTHQUAKE, DAMAGE TO OR DESTRUCTION OF THE CLUB FACILITIES, AND/OR FROM PARTICIPATING IN EVENTS AND OTHER ACTIVITIES HELD BY THE CLUB FROM TIME TO TIME EITHER ON OR OFF THE CLUB FACILITIES, AND OTHER ACTIVITIES INCIDENTAL TO USE OF THE CLUB FACILITIES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, APPLICANT HEREBY ASSUMES ALL SUCH RISKS ON BEHALF OF APPLICANT AND APPLICANT’S IMMEDIATE FAMILY AND GUESTS AND HEREBY FURTHER WAIVES AND RELEASES, ON BEHALF OF APPLICANT AND APPLICANT’S IMMEDIATE FAMILY AND GUESTS, ANY CLAIMS, DEMANDS OR CAUSES OF ACTION WHICH ANY OF THEM MAY HAVE AGAINST THE CLUB AND ANY AND ALL OWNERS OF THE CLUB (INCLUDING CLUB AND OWNER’S PARENT, SUBSIDIARIES AND AFFILIATES), AND/OR ANY MANAGEMENT FIRM RETAINED TO MANAGE AND OPERATE THE CLUB FACILITIES ON A DAY-TO-DAY BASIS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, PARTNERS, MANAGERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, HEIRS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “RELEASEES”), ARISING OUT OF PERSONAL INJURIES, PROPERTY DAMAGE AND THEFT WHICH APPLICANT OR APPLICANT’S IMMEDIATE FAMILY AND/OR GUESTS MAY SUSTAIN AS A RESULT OF USING THE CLUB FACILITIES OR PARTICIPATING IN ANY EVENT OR ACTIVITY HELD OR SPONSORED BY THE CLUB EITHER ON OR OFF THE CLUB FACILITIES. FURTHERMORE, IN THE EVENT A COURT OF COMPETENT JURISDICTION DETERMINES THAT ONE OR MORE OF THE FOREGOING RELEASEES ARE LIABLE TO APPLICANT AND/OR APPLICANT’S IMMEDIATE FAMILY OR GUESTS FOR SUCH PERSONAL INJURIES, PROPERTY DAMAGE OR THEFT, AND/OR FOR ANY BREACH OF THIS APPLICATION OR THE OTHER MEMBERSHIP DOCUMENTS, THE MAXIMUM AMOUNT OF SUCH LIABILITY SHALL BE LIMITED TO THE RETURN IN FULL OF APPLICANT’S INITIATION FEE AND ANY PREPAID DUES, WITHOUT INTEREST...
Assumption of Risk; Release. Releasing Party acknowledges that he/she will be participating in the Activities and that it is possible that Releasing Party could be injured as a result thereof. Releasing Party acknowledges that Released Parties recommend that Releasing Party wear protective equipment (helmets, pads, life preservers and the like) when participating in the Activities. Releasing Party expressly agrees that he/she assumes all risk of injury arising out of participation in the Activities and that the assumption of such risk by Releasing Party is reasonable and acceptable. As such, Releasing Party agrees not to hold Released Parties or any of its agents, employees, owners, partners, affiliates, successors and assigns responsible, or bring any claim against any such person, for any injury resulting from Releasing Party’s participation in any of the Activities, and hereby releases, discharges and acquits Released Parties and its agents, employees, owners, partners, affiliates, successors and assigns, of and from all matters of action, causes of action, demands, rights, damages, claims, promises, agreements, obligations, liabilities, costs, and expenses of every kind, nature and character whatsoever, whether in law or in equity, accrued or unaccrued, known or unknown, liquidated or unliquidated, certain or contingent, which Releasing Party ever had or claimed to have or now have or claim to have, or may have in the future, against Released Parties or any of its agents, employees, owners, partners, affiliates, successors and assigns, arising out of, or in any manner relating to the Activities.
Assumption of Risk; Release. Without waiving any rights or entitlements as provided by federal, state and/or local laws, rules or regulations, Participant fully recognizes that there are risks to which he or she may be exposed by participating in the Program, including without limitation that the Product Offering is not complete in development and may reasonably be expected to contain errors, design flaws or other problems. Participant represents that Participant is of sound mind and body and does not suffer from any illness, impairment, disease or other condition that would prevent Participant from safely participating in the Program. Participant understands and agrees that Participant’s role and participation as contemplated hereunder may involve physical activity that is potentially hazardous and dangerous and may involve significant physical and emotional stress and exertion, and that such activity inherently poses a significant risk of serious injury, including paralysis and/or possibly death. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PARTICIPANT (A) AGREES THAT PARTICIPANT IS VOLUNTARILY PARTICIPATING IN THE PROGRAM AND HEREBY AGREES TO EXPRESSLY ASSUME AND ACCEPT ANY AND ALL RISKS AND RESPONSIBILITY OF INJURY, PHYSICAL HARM OR DEATH, AND (B) ON BEHALF OF PARTICIPANT AND PARTICIPANT’S HEIRS, FAMILY MEMBERS, EXECUTORS, AGENTS, AND ASSIGNS, HEREBY IRREVOCABLY RELEASES, WAIVES, ACQUITS AND FOREVER DISCHARGES COMPANY AND ITS AFFILIATES AND EACH OF THEIR RESPECTIVE CURRENT AND FORMER OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PERSONNEL, CONTRACTORS, REPRESENTATIVES, AND PREDECESSOR AND SUCCESSOR ENTITIES AND ASSIGNS, FROM AND AGAINST ANY AND ALL AWARDS, JUDGMENTS, LOSSES, LIABILITIES, OBLIGATIONS, DAMAGES (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL), CAUSES OF ACTION (WHETHER IN TORT, CONTRACT OR OTHERWISE), CLAIMS, SUITS, LIENS, PENALTIES, FEES, COSTS, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND EXPENSES) OF EVERY KIND AND NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, MATURED OR UNMATURED OR SUSPECTED OR UNSUSPECTED, IN LAW OR EQUITY, THAT PARTICIPANT EVER HAD, NOW HAS OR MAY HAVE, OR HEREAFTER HAS, MAY HAVE OR CLAIMS TO HAVE, RESULTING FROM OR ARISING IN CONNECTION WITH PARTICIPANT’S PARTICIPATION IN THE PROGRAM AND/OR ANY USE OF THE PRODUCT OFFERING BY PARTICIPANT OR ANY OTHER PARTY.
Assumption of Risk; Release. Licensee shall use the Licensed Property at its own risk, and Licensee assumes all risk of loss of or damage to its property and equipment, or of personal injury, in its activities upon the Licensed Property. Licensee hereby releases Licensor, its members, officers, agents, employees, successors and assigns to the full extent permitted by law, from all claims of any kind resulting in loss of life, bodily injury or property damage, and arising from Licensee’s use of the Licensed Property.
Assumption of Risk; Release. I am participating in the Program voluntarily. I understand that the Program includes activities beyond the Aquarium’s control. I assume all risks of participating in the Program and I understand that such risks could be considerable. I, for myself and my heirs, personal representatives, assigns and next-of-kin, hereby voluntarily RELEASE AND FOREVER DISCHARGE the Aquarium, all of its affiliates, successors and assigns, and all of the directors, officers, employees, volunteers, agents and representatives of the Aquarium and the other before-mentioned entities (the “Releases”), from any and all claims, damages, costs (including reasonable attorneys’ fees), and other liabilities (“Losses”), including without limitation, Losses arising from or related to any injury to me or my property, or any other person or their property, whether caused by the negligence of Releases or otherwise. Hold Harmless. I agree to indemnify and hold harmless each and every Release from and against any and Losses (including without limitation, any damages inflicted by me upon any facilities or vehicles used in the Program) which any of them may sustain by reason of my participation in the Program. Personal Health and Insurance. I certify that I am sufficiently physically fit to participate in the Program. I certify that I have and will maintain medical insurance covering any and all medical costs that may arise from my participation in the Program.
Assumption of Risk; Release. You knowingly and freely assume all risk when using an E-ISAC Application, including any Content. You, on behalf of yourself and Your personal representatives, and/or agents, and Your Business, if You are using an E-ISAC Application on behalf of Your Business, hereby voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify E-ISAC and NERC from any damages, costs, claims, actions, or losses, however arising, from Your use of the E-ISAC Application or any Content.
Assumption of Risk; Release. You knowingly and freely assume all risk when using the Service. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify BirthDayte LLC and its stockholders, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, and assigns (collectively, the “Company Parties”) from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your use of the Service.
