Common use of ASSUMPTION OF RISK; RELEASE AND INDEMNIFICATION Clause in Contracts

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 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 SIGNAURE of Participant Date

Appears in 1 contract

Samples: Release and Waiver of Liability

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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 participationparticipation or that of the minor in the Activity. 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 WSULMB, its respective administrators, directors, agents, officers, members, volunteers and employees, contractors, sponsors, other participants, any sponsorsadvertisers, 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 “Releasees” from any litigation expenses, attorney fees, loss, liability, damage or cost which any may incur as a result of such claim. 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, 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. REMOVAL FROM ACTIVITY 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 not receive any refunddo so immediately at my own expense. PUBLICITY RELEASE I agree that WSU LMB may share information, photographs and video tape about my participation in this Activity to promote Bicycling bicycling and the work of WSU LMB with the media and in its own LMB publications, including, but not limited to: LMB website, social media, video images and print advertisements. I relinquish in perpetuity any right, title, or 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 my personal device to LMB, including 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 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 SIGNAURE SIGNATURE of Participant DateDate IF PARTICIPANT IS UNDER 18

Appears in 1 contract

Samples: Indemnity Agreement

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 participationparticipation or that of the minor in the Activity. 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 WSUxxx LMB, its respective administrators, directors, agents, officers, members, volunteers and employees, contractors, sponsors, 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 “Releasees” from any litigation expenses, attorney fees, loss, liability, damage or 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 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. REMOVAL FROM ACTIVITY 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 not receive any refunddo so immediately at my own expense. PUBLICITY RELEASE I agree that WSU LMB may share information, photographs and video tape about my participation in this Activity to promote Bicycling bicycling and the work of WSU LMB with the media and in its own LMB publications, including, but not limited to: LMB website, social media, video images and print advertisements. I relinquish in perpetuity any right, title, or 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 my personal device to LMB, including 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 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 SIGNAURE SIGNATURE of Participant DateDate IF PARTICIPANT IS UNDER 18

Appears in 1 contract

Samples: Indemnity Agreement

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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 xxx 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 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 SIGNAURE of Participant Date

Appears in 1 contract

Samples: Release and Waiver of Liability

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