ASSUMPTION OF RISK; RELEASE AND INDEMNIFICATION Sample Clauses

ASSUMPTION OF RISK; RELEASE AND INDEMNIFICATION. For and in consideration of the separate sum of One Dollar ($1.00) and other good and valuable consideration paid by Landlord to Tenant, the receipt and sufficiency of which is hereby acknowledged by Xxxxxx, Xxxxxx agrees as follows:
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ASSUMPTION OF RISK; RELEASE AND INDEMNIFICATION. I fully understand that: (a) bicycling activities involve risks and dangers of serious bodily injury, including permanent disability, paralysis and death (“Risks”); (b) these Risks may be caused by my own actions or inactions, the actions or inactions of others participating in the Activity; the condition in which the Activity takes place, or the negligence of the “Releasees” named below; (c) there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time. I fully accept and assume all Risks, other risks and dangers, also assume responsibility for losses, costs and damages I incur as a result of my participation. IN CONSIDERATION of being permitted to participate in any way in the Activity, I, for myself, my personal representatives, assigns, heirs and next of kin, hereby release, discharge and covenant not to sue WSU, its respective administrators, directors, agents, officers, members, volunteers and employees, other participants, any sponsors, advertisers and, if applicable, owners and lessors of premises on which the Activity takes place (each considered one of the “Releasees” herein) from all liability, claims, demands, losses or damages on my account caused or alleged to be caused in whole or in part by the negligence of the “Releasees” or otherwise, including negligent rescue operations. I further agree that if, despite this Release And Waiver Of Liability, Assumption Of Risk And Indemnity Agreement (the “Release”), I, or anyone on my behalf, makes a claim against any of the Releasees, I will indemnify, save and hold harmless each of the Releasees from any litigation expenses, attorney fees, loss, liability, damage or cost which any may incur as a result of such claim. REMOVAL FROM ACTIVITY I understand that I may be removed from the Activity if I do not obey the laws of Michigan, the rules, or do not wear a bicycle helmet while bicycling. Furthermore, I understand that if I am asked to leave the Activity I will not receive any refund. PUBLICITY RELEASE I agree that WSU may share information, photographs and video tape about my participation in this Activity to promote Bicycling and the work of WSU with the media and in its own publications. I have read this agreement, fully understand its terms, acknowledge that participation in this Activity is contingent upon my signing this waiver, understand that I have given up substantial rights by signing it and have signed it freely and without any induc...
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ASSUMPTION OF RISK; RELEASE AND INDEMNIFICATION. Already knowing or having been advised of said dangers and fully acknowledging the risk of injury or health inherent therein, whether by my own actions, the actions of others or events beyond my control, I do hereby agree to knowingly and voluntarily assume full responsibility for all of the risks surrounding the Minor's participation in said Activity(s) and any other activity(s) undertaken as an adjunct thereto, and all risks associated with the Minor's own health problems and physical or emotional limitations; and, furthermore, for the Minor, his/her heirs, and personal representative(s), I hereby irrevocably and unconditionally fully release, acquit, satisfy, and forever discharge and hold harmless the University and all its officers, trustees, directors, members, employees and agents, without any limitation or qualification, as to any and all liabilities, claims, demands, obligations and causes of action of any nature whatsoever, direct or indirect, or in a representative capacity, absolute or contingent, which the Minor ever had, now has, or may have in the future, known or unknown, arising out of, or in any way related to the Activity, either for personal injury, property damage, death, or other claim, including all claims that might be made by the Minor or his/her estate on account of any losses, expenses or damages of any kind concerning property or personal injuries (physical or emotional) or death which may result, directly or indirectly, from the Minor's participation in the aforesaid Activity(s), whether such loss, claim, damage or action results from the negligent act or omission of the University or any of its officers, trustees, members, directors, employees, agents or otherwise. This Agreement includes any claim for contribution if anyone sues as a result of any damage or injury the Minor causes by his/her presence on or about the location of the Activity. I further agree to indemnify and hold harmless the University, its officers, trustees, members, directors, employees, and agents, from any and all loss, liability, damage, or costs that it or they may incur as a result of the Minor's participation in the Activity or arising from any of the Minor's acts or omissions, including reasonable attorneys' fees and court costs.
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ASSUMPTION OF RISK; RELEASE AND INDEMNIFICATION. Company expressly assumes all risk to itself and its agents and employees for use of the System. Company hereby indemnifies and holds harmless Bank, its affiliates, directors, officers, agents, employees, successors, assigns, and service providers, from and against any and all demands, losses, liability, damages, claims, causes of actions and expenses (including reasonable attorney’s fees and costs) arising in connection with Company’s performance under these Terms , including without limitation any breach by Company, its employees or agents of any provision, representation or warranty herein. Bank shall have the right to participate in such defense at its own expense. Bank shall have the right to approve the settlement of any claim hereunder that imposes any liability or obligation on Bank.
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ASSUMPTION OF RISK; RELEASE AND INDEMNIFICATION. Owner acknowledges and understands the risks inherent in the sport of boating, including without limitation the possibility of serious bodily injury or death and damage to property, and that such injury, death or damage could be caused, in whole or in part, by the acts, omissions and/or negligence of DIYC, the Duck Island Condominium Association, Inc. (the "Association"), and/or their governors, officers, members, committee members, volunteers, employees, contractors or agents (collectively, the “Releasees”). Owner agrees to assume all such risks and hereby releases from liability and waives any and all claims that Owner (or Owner's minor children) may have or assert against any of the Releasees on account of or in connection with any liability, claim, demand, cause of action, damage, loss or expense (including without limitation reasonable expenses and attorneys’ fees) (collectively, “Liabilities”), resulting from, arising out of, or relating to Owner's or Owner's minor children's use of the Premises or the Equipment, or any other property or facilities of DIYC or the Association (collectively, the “Property”), including without limitation Liabilities caused by the acts, omissions or negligence of any of the Releasees. Owner further covenants and agrees not to sue, permit Owner's minor children to sue, or participate in a lawsuit brought by anyone else against, any of the Releasees in connection with any such Liability. Owner agrees to indemnify, defend and hold harmless the Releasees against and from any and all Liabilities asserted against or suffered by them on account of or in connection with (i) Owner's, Owner's minor children's, Owner's guests' or Owner's invitees' use of the Property or their activities in connection with this Agreement, or (ii) Owner's default under this Agreement.
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ASSUMPTION OF RISK; RELEASE AND INDEMNIFICATION. The term “claims” used in this Agreement shall mean any and all claims and liability of any kind whatsoever, past, present and future, both known and unknown, including attorney fees and costs of litigation and including those which have not yet arisen or matured, whether in law or in equity, arising from, related to, or in connection with the Program, Student’s participation in the Program, travel to, from, during, before and after the Program (including personal travel), Student’s use of free time during the Program, any medical treatment or testing (including without limitation blood tests), or vaccination Student may or may not receive, any discipline Student may receive during or after the Program, Student’s departure, withdrawal, dismissal or other removal from the Program, any changes in the Program, any communication or notices or lack thereof before, during, or after the Program, any anti-discrimination laws and regulations of any jurisdiction, any delay, property damage, loss or theft, any hostile act, government act or omission, terrorism, social unrest, local laws, climatic conditions, or other conditions, developments, or disruptions, any bodily, emotional or mental injury, illness, disease, or death, and all other claims, liability, damage, cost, loss, or expense of any nature whatsoever, including but not limited to, claims for negligence or any intentional act on the part of BYU or any other person or entity. In consideration of Student’s acceptance to participate in the Program, and by signing, we for ourselves, individually and jointly, hereby agree to:
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ASSUMPTION OF RISK; RELEASE AND INDEMNIFICATION. As to each of Sections 10.12 through 10.16 hereinabove, Purchaser covenants and agrees to assume all risks of impairment of the use and enjoyment of the Property, loss of market value of the Property, loss of property, property damage, personal injury, or death arising from or in connection with any of the above, and Purchaser hereby releases Seller, Seller’s members and their respective parent companies, subsidiaries, and affiliates (including but not limited to Project Broker), their respective directors, officers, members, employees, agents, successors and assigns from and against any and all liability, claims, losses, damages, or expenses arising from or in connection with any of the above. Purchaser further covenants and agrees to indemnify and hold harmless Seller, Seller’s members and their respective parent companies, subsidiaries, and affiliates (including but not limited to Project Broker), their respective directors, officers, members, employees, agents successors and assigns from and against any and all liability, claims, losses, damages, or expenses arising from or in connection with the abovementioned Sections 10.12 through 10.16. This release and indemnification shall survive Closing.
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ASSUMPTION OF RISK; RELEASE AND INDEMNIFICATION 
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Related to ASSUMPTION OF RISK; RELEASE AND INDEMNIFICATION

  • Assumption of Risk, and Indemnity Agreement Waiver: In consideration of being permitted to visit or participate in any way in any activity, including transportation, at the above location, I, for myself, my heirs, personal representatives or assigns, do hereby release, waive, discharge, and covenant not to xxx The Regents of the University of California, its officers, employees, and agents from liability from any and all claims including the negligence of The Regents of the University of California, its officers, employees, and agents, resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, visitation or participation in any way in any activity, including transportation, at the above location. Assumption of Risks: Visitation or participation carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary from one activity to another, but the risks range from 1) minor injuries such as scratches, bruises, and sprains to 2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions to 3) catastrophic injuries including paralysis and death. I have read the previous paragraphs and I know, understand, and appreciate these and other risks that are inherent in visitation or participation. I hereby assert that my visitation or participation is voluntary and that I knowingly assume all such risks. Indemnification and Hold Harmless: I also agree to INDEMNIFY AND HOLD The Regents of the University of California HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees brought as a result of my involvement in visitation or participation and to reimburse them for any such expenses incurred.

  • Release and Indemnity Please read carefully. This Release and Indemnity section contains a surrender of certain legal rights. I hereby acknowledge and assume all of the risks of participating in the Event and agree as follows: • To the extent permitted by law, to release and not to xxx Operator, WTC, Triathlon Australia, any applicable federation, Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteers, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors and representatives and all other persons or entities associated or involved with the activities (individually and collectively referred to in this Form as the “Released Parties”), with respect to any and all claims, liabilities, suits or expenses (including attorneys’ fees and costs) (collectively referred to in this Form as “claim” or “claim/s”) for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activities, including use of any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. I understand I agree here to waive all claim/s I may have against the Released Parties and agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss I may suffer. The aforementioned exclusion of liability shall not apply to damages caused by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me, my spouse, a family member, a co-participant or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activities, including without limitation use of any equipment, facilities, or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. This Release and Indemnity section includes but is not limited to claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim, including claim/s resulting from the negligence of Released Parties, whether passive or active.

  • RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT In consideration of THE RELEASEES allowing me to participate in wilderness activities, I hereby agree as follows:

  • Waiver and Indemnification Tenant waives all claims against Landlord, its Security Holders (defined in Section 17), Landlord’s managing agent(s), their (direct or indirect) owners, and the beneficiaries, trustees, officers, directors, employees and agents of each of the foregoing (including Landlord, the “Landlord Parties”) for (i) any damage to person or property (or resulting from the loss of use thereof), except to the extent such damage is caused by any negligence, willful misconduct or breach of this Lease of or by any Landlord Party, or (ii) any failure to prevent or control any criminal or otherwise wrongful conduct by any third party or to apprehend any third party who has engaged in such conduct. Tenant shall indemnify, defend, protect, and hold the Landlord Parties harmless from any obligation, loss, claim, action, liability, penalty, damage, cost or expense (including reasonable attorneys’ and consultants’ fees and expenses) (each, a “Claim”) that is imposed or asserted by any third party and arises from any negligence, willful misconduct or breach of this Lease of or by, Tenant, any party claiming by, through or under Tenant, their (direct or indirect) owners, or any of their respective beneficiaries, trustees, officers, directors, employees, agents, contractors, licensees or invitees (each, an “Act of Tenant”), except to the extent such Claim arises from any negligence, willful misconduct or breach of this Lease of or by any Landlord Party. Landlord shall indemnify, defend, protect, and hold Tenant, its (direct or indirect) owners, and their respective beneficiaries, trustees, officers, directors, employees and agents (including Tenant, the “Tenant Parties”) harmless from any Claim that is imposed or asserted by any third party and arises from any negligence, willful misconduct or breach of this Lease of or by any Landlord Party, except to the extent such Claim arises from an Act of Tenant.

  • Release and Indemnification Covenants Company releases Issuer from and covenants and agrees that Issuer shall not be liable for, and agrees to indemnify and hold Issuer harmless against, any expense or liability incurred by Issuer, including attorneys' fees, resulting from any loss or damage to property or any injury to or death of any person occurring on or about or resulting from any defect in the Project or from any action commenced in connection with the financing thereof. If any such claim is asserted, Issuer agrees to give prompt notice to the Company and Company will assume the defense thereof, with full power to litigate, compromise or to settle the same in its sole discretion, it being understood that Issuer will not settle or consent to the settlement of the same without the consent of Company.

  • Defense and Indemnification A. Contractor hereby agrees to defend, indemnify, reimburse and hold harmless City, its appointed and elected officials, agents and employees for, from and against all liabilities, claims, judgments, suits or demands for damages to persons or property arising out of, resulting from, or relating to the work performed under this Agreement (“Claims”), unless such Claims have been specifically determined by the trier of fact to be the sole negligence or willful misconduct of the City. This indemnity shall be interpreted in the broadest possible manner to indemnify City for any acts or omissions of Contractor or its subcontractors either passive or active, irrespective of fault, including City’s concurrent negligence whether active or passive, except for the sole negligence or willful misconduct of City.

  • Indemnification and Release Resident (and Guarantor, if Resident is under age 18) agrees to indemnify and hold harmless Provider, University, and their respective directors, board members, agents, and employees from and against all claims, actions, judgments, damages, liabilities, costs, demands, losses, and expenses (including, without limitation, reasonable attorneys’ fees and disbursements) resulting from or arising out of injury to the person or property of Resident or Resident’s guests while Resident resides in the Residence Facility, regardless of the cause (including, but not limited to, injury resulting from engagement, involvement, participation by Resident or any of Resident’s guests in any event sponsored by University or Provider) unless such injury is caused by the negligence or intentional misconduct of Provider, University, or their respective agents. Resident (and Guarantor, if Resident is under age 18) hereby release and forever discharge harmless Provider, University, and their respective directors, board members, agents, and employees from any and all demands, causes of action and/or judgments of whatsoever nature or character, past or future, known or unknown, whether in contract or tort, whether for personal injuries, property damage, payments, fees, expenses, or any other monies due or to become due, or damages of any kind or nature, and whether arising from common law or statute, arising out of, in any way, this Agreement and the use of the Residence Facility.

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