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.
Appears in 2 contracts
Samples: Assumption of Risk and Release Agreement, Assumption of Risk and Release Agreement
ASSUMPTION OF RISK; RELEASE AND INDEMNIFICATION. Already knowing or having been advised I fully understand that: (a) bicycling activities involve risks and dangers of said dangers serious bodily injury, including permanent disability, paralysis and fully acknowledging the risk of injury or health inherent therein, whether death (“Risks”); (b) these Risks may be caused by my own actionsactions or inactions, the actions or inactions of others participating in the Activity; the condition in which the Activity takes place, or events beyond my controlthe 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, I do hereby agree to knowingly other risks and voluntarily dangers, also assume full responsibility for all losses, costs and damages I incur as a result of my participation or that of the risks surrounding minor in the Minor's participation Activity. IN CONSIDERATION of being permitted to participate in said Activity(s) and any other activity(s) undertaken as an adjunct theretoway in the Activity, and all risks associated with the Minor's own health problems and physical or emotional limitations; and, furthermoreI, for the Minormyself, his/her heirsmy personal representatives, assigns, heirs and personal representative(s)next of kin, I hereby irrevocably and unconditionally fully release, acquit, satisfy, and forever discharge and hold harmless the University and all covenant not to sue LMB, its officers, trusteesrespective administrators, directors, agents, officers, members, employees volunteers and agentsemployees, without any limitation or qualificationcontractors, as to any sponsors, other participants, advertisers, and, if applicable, owners and lessors of premises on which the Activity takes place (each considered one of the “Releasees” herein) from all liabilitiesliability, claims, demands, obligations and causes of action of any nature whatsoever, direct losses or indirect, damages on my account caused or alleged to be caused in whole or in a representative capacity, absolute part by the negligence of the “Releasees” 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 claimotherwise, 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 Activityrescue operations. I further agree to indemnify 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 University, its officers, trustees, members, directors, employees, and agents, “Releasees” from any and all litigation expenses, attorney fees, loss, liability, damage, damage or costs that it or they cost which any may incur as a result of such claim. I understand and agree that LMB at its sole discretion, has the Minor's right to cancel or reroute all or any part of the Activity due to the occurrence of any force majeure event or credible threat thereof, including but not limited to any Act of God, government action or inaction, fire, earthquake, flood, tornado, or other natural disaster, acts of civil or military authority, casualty, war, terrorist attack, epidemic, infectious disease, insurrection, civil unrest, strikes or other labor activities or any other similar cause beyond the reasonable control of LMB, including environmental conditions that might threaten the health and safety of Activity participants, volunteers or staff. I understand and agree that my registration fees and other costs will not be refunded by LMB if all or any portion of an Activity is canceled or rerouted due to a force majeure event. I will release and hold LMB harmless for any costs or damages incurred as result of cancellation or rerouting of an Activity due to a force majeure event. I understand and agree 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. I understand and agree that I may be removed from the Activity by LMB if they believe that my continued participation may endanger or be detrimental to myself, other individuals or LMB. I understand that I may be asked to leave the Activity in the event that I come down with a contagious illness or display symptoms of a contagious illness. I understand that LMB may ask me to leave the Activity for inappropriate behavior. Furthermore, I understand that if I am asked to leave the Activity I forfeit all monies and fees. I understand and agree that if I am asked to leave the Activity, I will do so immediately at my own expense. I agree that LMB may share information, photographs and video about my participation in this Activity to promote bicycling and the Activity work of LMB with the media and in LMB publications, including, but not limited to: LMB website, social media, video images and print advertisements. I relinquish in perpetuity any right, title, or arising interest I may have in the finished images and grant LMB the right to give or transfer these images. I agree that if I give images or video from any of the Minor's acts or omissionsmy personal device to LMB, including reasonable attorneys' fees but not limited to downloading or uploading photographs or video onto LMB social media, websites or emails, they may be used to promote bicycling and court costs.the work of LMB with the media and in LMB publications, including, but not limited to: LMB website, social media, video images and print advertisements. I grant LMB the right to give or transfer these images. 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 inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid, the balance, notwithstanding, shall continue in full force and effect. PRINTED NAME of Participant SIGNATURE of Participant Date
Appears in 1 contract
Samples: Release and Waiver of Liability
ASSUMPTION OF RISK; RELEASE AND INDEMNIFICATION. Already knowing or having been advised I fully understand that: (a) bicycling activities involve risks and dangers of said dangers serious bodily injury, including permanent disability, paralysis and fully acknowledging the risk of injury or health inherent therein, whether death (“Risks”); (b) these Risks may be caused by my own actionsactions or inactions, the actions or inactions of others participating in the Activity; the condition in which the Activity takes place, or events beyond my controlthe 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, I do hereby agree to knowingly other risks and voluntarily dangers, also assume full responsibility for all losses, costs and damages I incur as a result of my participation or that of the risks surrounding minor in the Minor's participation Activity. IN CONSIDERATION of being permitted to participate in said Activity(s) and any other activity(s) undertaken as an adjunct theretoway in the Activity, and all risks associated with the Minor's own health problems and physical or emotional limitations; and, furthermoreI, for the Minormyself, his/her heirsmy personal representatives, assigns, heirs and personal representative(s)next of kin, I hereby irrevocably and unconditionally fully release, acquit, satisfy, and forever discharge and hold harmless the University and all covenant not to xxx LMB, its officers, trusteesrespective administrators, directors, agents, officers, members, employees volunteers and agentsemployees, without contractors, sponsors, other participants, any limitation or qualificationsponsors, as to any advertisers and, if applicable, owners and lessors of premises on which the Activity takes place (each considered one of the “Releasees” herein) from all liabilitiesliability, claims, demands, obligations and causes of action of any nature whatsoever, direct losses or indirect, damages on my account caused or alleged to be caused in whole or in a representative capacity, absolute part by the negligence of the “Releasees” 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 claimotherwise, 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 Activityrescue operations. I further agree to indemnify 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 University, its officers, trustees, members, directors, employees, and agents, “Releasees” from any and all litigation expenses, attorney fees, loss, liability, damage, damage or costs that it or they cost which any may incur as a result of such claim. By signing this Waiver, I acknowledge and understand its intent and for myself, my heirs, executors, administrators and representatives do hereby agree to absolve and hold harmless LMB, all Activity vendors, and all individuals and organizations connected with the Minor's Activity in any way, together with their respective successors and assigns, from and against any liability arising from me being exposed to, or infected by, COVID-19. I understand that if I am found to have contracted or been exposed to COVID-19 as a result of attendance of the Activity, then a court of law or third- party mediator or arbiter shall find that I have waived my right to a claim against the LMB. I further agree to indemnify, defend, and hold harmless LMB from any claim that may arise from, or relate to, me exposing any individual to COVID-19. I understand and agree that LMB at its sole discretion, has the right to cancel or reroute all or any part of the Activity due to the occurrence of any force majeure event or credible threat thereof, including but not limited to any Act of God, government action or inaction, fire, earthquake, acts of civil or military authority, casualty, flood, war, terrorist attack, epidemic, infectious disease, insurrection, civil unrest, strikes or other labor activities or any other similar cause beyond the reasonable control of LMB, including environmental conditions that might threaten the health and safety of Activity participants, volunteers or staff. I understand and agree that my registration fees and other costs will not be refunded by LMB if all or any portion of an Activity is canceled or rerouted due to a force majeure event. I will release and hold LMB harmless for any costs or damages incurred as result of cancellation or rerouting of an Activity due to a force majeure event. I understand and agree 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. I understand and agree that I may be removed from the Activity by LMB if they believe that my continued participation may endanger or be detrimental to myself, other individuals or LMB. I understand that I may be asked to leave the Activity in the event that I come down with a contagious illness or display symptoms of a contagious illness. I understand that LMB may ask me to leave the Activity for inappropriate behavior. Furthermore, I understand that if I am asked to leave the Activity I forfeit all monies and fees. I understand and agree that if I am asked to leave the Activity, I will do so immediately at my own expense. I agree that LMB may share information, photographs and video about my participation in this Activity to promote bicycling and the Activity work of LMB with the media and in LMB publications, including, but not limited to: LMB website, social media, video images and print advertisements. I relinquish in perpetuity any right, title, or arising interest I may have in the finished images and grant LMB the right to give or transfer these images. I agree that if I give images or video from any of the Minor's acts or omissionsmy personal device to LMB, including reasonable attorneys' fees but not limited to downloading or uploading photographs or video onto LMB social media, websites or emails, they may be used to promote bicycling and court costs.the work of LMB with the media and in LMB publications, including, but not limited to: LMB website, social media, video images and print advertisements. I grant LMB the right to give or transfer these images. 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 inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid, the balance, notwithstanding, shall continue in full force and effect. PRINTED NAME of Participant SIGNATURE of Participant Date
Appears in 1 contract
Samples: Release and Waiver of Liability