Assumption of Risk; Release. YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE WEBSITE AND SERVICES. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES, AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND, AND INDEMNIFY IM AND ITS STOCKHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, CONSULTANTS, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “IM 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 WEBSITE AND SERVICES.
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.
(b) Neither Subtenant nor its agents or employees shall be liable for and Sublandlord hereby releases them from (a) any damage to property of Sublandlord or of others entrusted to employees of Landlord, (b) the loss or damage to any property of Sublandlord or others by theft or otherwise, or (c) 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 Subtenant, its agents, servants or employees.
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. 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. 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 APPLICANT, ON BEHALF OF APPLICANT’S IMMEDIATE FAMILY AND GUESTS, HEREBY EXPRESSLY WAIVES THE BENEFITS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH PROVIDES AS FOLLOWS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. APPLICANT HEREBY ACKNOWLEDGES AND AGREES THAT APPLICANT HAS BEEN REPRESENTED BY LEGAL COUNSEL OF APPLICANT’S CHOICE IN CONNECTION WITH THIS APPLICATION AND AGREEMENT AND THAT SUCH LEGAL COUNSEL HAS EXPLAINED TO APPLICANT THE PROVISIONS OF THIS SECTION. BY INITIALING BELOW, APPLICANT CONFIRMS THAT APPLICANT HAS AGREED TO THE PROVISIONS OF THIS SECTION. Applicant’s Initials
Assumption of Risk; Release. Tenant and all those claiming through or under Tenant shall store their property in and shall occupy and use the Leased Premises and the Common Areas solely at their own risk. Tenant and all those claiming through or under Tenant hereby release Landlord and its Affiliates from all claims of every kind, including loss of life, personal or bodily injury, damage to merchandise, equipment, fixtures or other property, or damage to business (including business interruption) arising, directly or indirectly, out of or from or on account of such occupancy and use or resulting from any present or future condition or state of repair of the Building. Notwithstanding the foregoing, Tenant’s release shall exclude (i) the gross negligence or willful misconduct of Landlord, its agents and employees, (ii) matters arising from Landlord’s failure to perform its obligations, and (iii) matters for which Landlord is insured to the extent of recovery of insurance proceeds.
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
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. You knowingly and freely assume all risk when using the Website. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Skim Reaper LLC and its owners, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, assigns, parents, subsidiaries, and related entities 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 Website.
Assumption of Risk; Release. Tenant and all those claiming through or under Tenant shall store their property in and shall occupy and use the Premises and the Common Areas solely at their own risk. Tenant and all those claiming through or under Tenant hereby release Landlord, and its respective affiliates, employees and agents, from all claims of every kind, including loss of life, personal or bodily injury, damage to merchandise, equipment, fixtures or other property, or damage to business (including business interruption) arising, directly or indirectly out of or from or on account of such occupancy and use or resulting from any present or future condition or state of repair of the Building, except to the extent such claims are directly caused by the negligence of Landlord and its employees, contractors, representatives and agents.
