Common use of Assumption of Risks Clause in Contracts

Assumption of Risks. I understand and acknowledge that each participant chooses the level of participation they will give to the Activity and has the right and responsibility to limit their participation in the Activity if they have safety or other concerns. I understand that Loyola has not assessed my skill or fitness level prior to my participation in the Activity. I understand and acknowledge that participating in the Activity carries certain inherent dangers and hazards which cannot be totally eliminated, which could result in serious bodily injury, illness or disease, including permanent disability, paralysis or death. I further understand that those risks may include, but are not limited to, inclement weather; loss or damage to personal property; personal injury or accidents resulting from outdoor activities or physical exertion; the environmental risks described above; other unforeseeable acts of nature; physical contact with others; and the emotional effects of being in perceived risk. I understand that if I choose to participate in the Activity, I voluntarily assume all risks associated with such participation. General Release. I am aware that by signing this Agreement and participating in the Activity, I am waiving and releasing all claims arising out of such participation. In consideration for my voluntary participation in the Activity, including but not limited to the use of the Facilities, (a) I hereby assume all risks of injury, loss and damage that may result from my participation in the Activity; and (b) I agree to waive, indemnify, hold harmless, release and discharge Loyola, its affiliates and subsidiaries and their respective trustees, officers, employees, representatives, agents, volunteers, successors and assigns (“Releasees”) from any and all actions, causes of action, suits, claims, damages and expenses whatsoever for any injury, loss, damage, accident, inconvenience or expense, present or future, relating to or arising from my voluntary participation in the Activity. It is my express intent that this Agreement binds the members of my family and any of my heirs, assigns or personal representatives and is governed by the laws of the State of Illinois.

Appears in 3 contracts

Samples: Agreement and Release, Agreement and Release, www.luc.edu

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Assumption of Risks. I understand The description of risks above is not intended to be complete and acknowledge that each participant chooses other risks may be encountered. The risks described and others, including the level possibility of participation they will give to negligence of other Visitors, staff, the Activity Company and/or its owners, affiliates, volunteers, contractors, equipment providers, and has the right and responsibility to limit their participation lessors are inherent in the Activity if activities that is, they have safety or other concernscannot be eliminated without destroying the essential nature and the social and instructional value of the activity. I understand that Loyola has not assessed my skill no amount of care, caution, instruction or fitness level prior to my participation expertise can eliminate the inherent dangers associated with these and other activities. Risks encountered by Visitors, in the Activity. I understand climbing gym and acknowledge that participating in the travelling to and moving about Outside Activity carries certain inherent dangers and hazards which cannot be totally eliminatedsites, which could may result in all manner of trauma including breaks, sprains, xxxxx, abrasions, serious bodily injury, illness or disease, including permanent disability, paralysis or injury and emotional trauma and even death. I further understand acknowledge that those Gym staff has been available to answer questions I may have. I have conducted a thorough visual inspection of the climbing gym and Outside Activity and equipment which I, or the Minor Visitor Child, will be using, have had the opportunity to review the Climbing Orientation and Gym Rules, and I, and the Minor Visitor Child, are aware of the risks may includeand hazards associated with the activities, but activity areas and equipment. I an adult Visitor, or Parent, for myself and on behalf of a Minor Visitor Child, expressly assume ALL risks inherent and otherwise, and whether or not described above of enrollment or participation in an activity of the Gym. PROVIDED HOWEVER: If the injury or other loss occurs on U.S. Government lands (including certain National Parks and Forests) whose rules or regulations are determined as a matter of law to prohibit the assumption of ALL risks, this assumption extends to inherent risks only. I and the Minor Visitor Child have discussed the activities and risks, the Orientation and Rules, and the Minor Visitor Child understands them and chooses to participate nevertheless. Release and Indemnity If I am an adult Visitor or Parent (for myself and, to the extent allowed by the law, on behalf of the Minor Visitor Child) I agree to not limited tosue other Visitors, inclement weatherstaff, the Company and/or its owners, affiliates, volunteers, contractors, equipment providers, and lessors (“Released Parties”) with respect to any and all claims of injury; disability, death, products liability (including strict liability), breach of warranty or other loss or damage to personal person or property suffered by me or by the Minor Visitor Child, arising in whole or part from my visit (or the visit of the Minor Visitor Child) to the Gym or travel to or from or visiting another activity site of the Gym. In addition, if I am an adult Visitor or Parent I agree to indemnify (that is, defend and satisfy by payment or reimbursement, including costs and attorney’s fees) Released Parties from any and all claims of injury, disability, death, products liability (including strict liability) or other loss or damage to person or property; personal , brought by me or by or on behalf of the Minor Visitor Child, a co-participant in the activities, a rescuer, a member of my family, or the Minor Visitor Child, or anyone else, arising out of or in any way related to a loss suffered by me or the Minor Visitor Child, or caused by me or the Minor Visitor Child. These agreements of release and indemnity include loss or damage caused or claimed to be caused in whole or in part by the negligence (but not the gross negligence or intentionally wrongful conduct) of a Released Party. PROVIDED HOWEVER: this Visitor Agreement is of no force or effect if the injury or accidents resulting from outdoor activities other loss occurs on U.S. government lands (including certain National Parks and Forests) whose rules or physical exertion; the environmental risks described above; other unforeseeable acts regulations are determined as a matter of nature; physical contact with others; and the emotional effects of being in perceived risk. I understand that if I choose law to participate in the Activity, I voluntarily assume all risks associated with prohibit such participation. General Releasea release. I am aware that of and specifically waive the provisions of California Civil Code Section 1542, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by signing him must have materially affected his settlement with the debtor.” I am aware of and specifically waive the provisions of California Civil Code Section 1714, which provides in pertinent part as follows: “Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person.” Climbing Gym Rules Gym staff reserves the right in its sole discretion to refuse entry to, or to remove any Visitor and a Visitor’s Guests from, the gym or other activity site for any reason whatsoever. 24-hr access members must comply with the buddy policy when climbing outside of staffed/public access hours. The Gym is not responsible for the safekeeping, loss, theft or damage to the property of a Visitor or the Guest of a Visitor. Visitor must review and comply with the Climbing Orientation and Gym Rules and, if a Member the Membership Agreement, and any rules provided or posted at the gym or its website and shall be responsible for such and of Visitor’s Guests compliance with and observation of the same. Should Visitor or his/her Guest(s) damage or break any of the Gym’s equipment or property, Visitor shall be liable for the cost of repair or replacement of such equipment or the property. In the event on an emergency, the Gym is authorized to notify the person(s) listed under Xxxxxxx’s emergency contact information. All Visitors to the Gym (including Guests) must sign this Agreement. Visitor agrees to have his or her Guest(s) read and sign this Agreement before such Guest(s) are allowed to enter or participate in any activities at the Gym. If a Visitor’s Guest(s) during Member Hours fails to sign this Agreement, the Gym may revoke the Member’s membership benefits, and participating in the Activity, I am waiving Member agrees to indemnify and releasing all claims hold harmless the Gym (and other Released Parties identified above) against any claim arising out of such participation. In consideration for my voluntary participation in the Activity, including but not limited to the use of the Facilities, (a) I hereby assume all risks of injury, loss and damage that may result from my participation in the Activity; and (b) I agree to waive, indemnify, hold harmless, release and discharge Loyola, its affiliates and subsidiaries and their respective trustees, officers, employees, representatives, agents, volunteers, successors and assigns (“Releasees”) from any and all actionsinjuries, causes of actionclaims, suits, claimsattorney’s fees, and damages and expenses whatsoever for any injury, loss, damage, accident, inconvenience related to an injury or expense, present other loss suffered by or future, relating to or arising from my voluntary participation in the Activity. It is my express intent that this Agreement binds the members of my family and any of my heirs, assigns or personal representatives and is governed caused by the laws of the State of Illinoissuch Guest(s).

Appears in 2 contracts

Samples: Release of Liability and Assumption, Release of Liability and Assumption

Assumption of Risks. I understand AM AWARE AND UNDERSTAND THAT THE ACTIVITIES INVOLVE MANY RISKS, DANGERS AND HAZARDS, INCLUDING BUT NOT LIMITED TO THE RISK OF SERIOUS INJURY, DEATH OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES. I FREELY ACCEPT AND FULLY ASSUME ANY AND ALL OF THE RISKS, DANGERS AND HAZARDS INVOLVED AND THE POSSIBILITY OF INJURY, DEATH OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE REBELS ITK OR OTHERWISE. I hereby expressly waive and acknowledge that each participant chooses the level of participation they will give to the Activity release any and has the right and responsibility to limit their participation all claims which I have or may in the Activity if they future have safety against the Rebels ITK, its affiliates, and their respective partners, directors, officers, employees, agents, representatives, shareholders, successors and assigns (collectively, "Releasees"), on account of injury, death, or other concerns. I understand that Loyola has not assessed my skill property damage, arising out of or fitness level prior attributable to my participation in the ActivityActivities, due to any cause whatsoever, including without limitation the negligence of the Rebels ITK or any other Releasee, breach of contract, or breach of any statutory or other duty of care owing under occupiers liability legislation or otherwise. I understand covenant not to make or bring any such claim against the Rebels ITK or any other Releasee, and forever release and discharge the Rebels ITK and all other Releasees from liability under such claims. I undertake to act reasonably and with care while participating in the Activities, and acknowledge that my actions and behavior may affect myself, other releasors, Rebels ITK, and the Releasees participating in the Activity carries certain inherent dangers Activities. If I consume alcohol or other inebriating substances during the Activities I shall do so in a safe manner and hazards which cannot be totally eliminatedat my own risk, which could result in serious bodily injury, illness or disease, including permanent disability, paralysis or death. and I further understand that those risks may include, but are not limited to, inclement weather; loss or damage to personal property; personal injury or accidents resulting from outdoor activities or physical exertion; the environmental risks described above; other unforeseeable acts of nature; physical contact with others; and the emotional effects of being in perceived risk. I understand undertake that if I choose do so I shall make arrangements to participate obtain safe transportation after the Activities such that I will not drive home in the Activity, I voluntarily assume all risks associated with such participation. General Releasean inebriated or unsafe state. I am aware that by signing this Agreement shall defend, indemnify and participating hold harmless the Rebels ITK and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable legal fees, in the Activityconnection with any third-party claim, I am waiving and releasing all claims suit, action or proceeding arising out of such participation. In consideration for my voluntary participation in the Activity, including but not limited to the use of the Facilities, (a) I hereby assume all risks of injury, loss and damage that may result or resulting from my participation in negligence or reckless behavior during the Activity; and (b) I agree to waive, indemnify, hold harmless, release and discharge Loyola, its affiliates and subsidiaries and their respective trustees, officers, employees, representatives, agents, volunteers, successors and assigns (“Releasees”) from any and all actions, causes of action, suits, claims, damages and expenses whatsoever for any injury, loss, damage, accident, inconvenience or expense, present or future, relating to or arising from my voluntary participation in the Activity. It is my express intent that this Agreement binds the members of my family and any of my heirs, assigns or personal representatives and is governed by the laws of the State of IllinoisActivities.

Appears in 2 contracts

Samples: Rebels in the Kitchen Service Contract, Rebels in the Kitchen Service Contract

Assumption of Risks. On behalf of my child, I understand acknowledge and assume all risks of the activities of Glorieta 2.0, wherever they may take place, and all risks of my child being on and moving about the premises of Glorieta 2.0 and any other sites of its activities. On behalf of my child, I acknowledge that each participant chooses and assume all risks whether or not the level of participation they will give to the Activity and particular risk has the right and responsibility to limit their participation been described in the Activity if they have safety paragraph above and whether or other concernsnot the particular risk is inherent in the activities undertaken or the premises. I understand that Loyola has not assessed my skill or fitness level prior have explained the risks to my participation in the Activity. I understand child and acknowledge that participating in the Activity carries certain inherent dangers my child understands them and hazards which cannot be totally eliminated, which could result in serious bodily injury, illness or disease, including permanent disability, paralysis or death. I further understand that those risks may include, but are not limited to, inclement weather; loss or damage to personal property; personal injury or accidents resulting from outdoor activities or physical exertion; the environmental risks described above; other unforeseeable acts of nature; physical contact with others; and the emotional effects of being in perceived risk. I understand that if I choose chooses to participate in the Activityactivities and use the Camp and other facilities and premises in spite of such risks. RELEASE: ON BEHALF OF MY CHILD, I voluntarily assume all risks associated with such participationAGREE TO WAIVE, RELEASE, AND NOT TO SUE GLORIETA 2.0, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS, AND STAFF (EMPLOYEES AND VOLUNTEERS) (“RELEASED PARTIES”) FOR ANY PROPERTY LOSS, PERSONAL OR BODILY INJURY, OR DEATH SUFFERED BY MY CHILD THAT IS IN ANY WAY RELATED TO HIS OR HER ENROLLMENT OR PARTICPATION IN ANY ACTIVITIES OF GLORIETA 2.0 OR HIS OR HER PRESENCE ON THE PREMISES OF GLORIETA 2.0 OR ANY OTHER ACTIVITY SITE. General Release. I am aware that by signing this Agreement and participating in the ActivityInitials PARTICIPANT AGREEEMENT Page 2 Indemnity: On behalf of my child, I am waiving further agree to indemnify and releasing all claims arising out hold harmless (that is, to protect and defend, and pay demands and judgments, including costs and reasonable attorneys’ fees) the Released Parties from any claim of such participation. In consideration for property loss, personal or bodily injury, or death suffered by my voluntary child that is in any way related to his or her enrollment or participation in any activities of Glorieta 2.0 or my child’s presence on the Activitypremises of Glorieta 2.0 or any other activity site. THESE AGREEEMENTS OF RELEASE AND INDEMNITY INCLUDE CLAIMS OF NEGLIGENCE BY ANY RELEASED PARTY BUT NOT CLAIMS OF RECKLESSNESS OR INTENTIONALLY WRONGFUL CONDUCT. Other: • On behalf of my child, including but not limited to the use of the Facilities, (a) I hereby assume all risks of injury, loss and damage that may result from my participation in the Activity; and (b) I agree to waive, indemnify, hold harmless, release the terms of this Participant Agreement and discharge Loyola, its affiliates agree that the protections it provides to the released and subsidiaries indemnified parties are intended to be as broad and their respective trustees, officers, employees, representatives, agents, volunteers, successors and assigns (“Releasees”) from inclusive as permitted by New Mexico law. • I hereby consent to Glorieta 2.0 taking or using any and all actions, causes of action, suits, claims, damages and expenses whatsoever for any injury, loss, damage, accident, inconvenience or expense, present or future, relating to or arising from my voluntary participation in the Activity. It is my express intent that this Agreement binds the members photographs of my family and child or recording my child, whether audio or video, while he or she is on the premises of Glorieta 2.0 or any other activity site. I agree that Glorieta 2.0 may use any such photographs or recordings of my heirschild without providing any compensation or remuneration. • Glorieta 2.0 is authorized to provide or obtain medical care for my child, assigns as it deems appropriate or personal representatives necessary, and to exchange medical information about my child with any third-party care providers. • To the extent a claim asserted by me or my child against a Released Party is governed dismissed or deemed by a court of competent jurisdiction to be without merit, I agree that the Released Party may recover from me or my child his or her costs, including reasonable attorneys’ fees, incurred in defending the claim. • I acknowledge and agree that any suit that I or my child brings against a Released Party shall be brought exclusively in Santa Fe County, New Mexico, and that the laws applicable thereto shall be those of the State of Illinois.New Mexico without regard to any conflict of law principles. • This Participant Agreement may be amended only by a written instrument signed by a duly authorized representative of Glorieta 2.0. • Should a court of competent jurisdiction find any provision of this Participant Agreement to be invalid, illegal, or unenforceable, on behalf of my child, I agree that the remainder of this Participant Agreement shall nevertheless remain in full force and effect. • I acknowledge and agree that this Agreement is intended to be binding upon me and my child and my child’s heirs, estate, executors, guardians, administrators, legal representatives, and assigns. Signature: Printed Name:

Appears in 2 contracts

Samples: Participant Agreement, Participant Agreement

Assumption of Risks. I understand acknowledge and acknowledge that each participant chooses the level of participation they will give to the Activity and has the right and responsibility to limit their participation in the Activity if they have safety or other concerns. I understand that Loyola has not assessed my skill or fitness level prior to my participation in the Activity. I understand and acknowledge that participating in the Activity carries certain inherent dangers and hazards which cannot be totally eliminated, which could result in serious bodily injury, illness or disease, including permanent disability, paralysis or death. I further understand that those risks may include, but are not limited to, inclement weather; loss or damage to personal property; personal injury or accidents resulting from outdoor activities or physical exertion; the environmental risks described above; other unforeseeable acts of nature; physical contact with others; and the emotional effects of being in perceived risk. I understand that if I choose to participate in the Activity, I voluntarily assume all risks associated with such participation. General Release. I am aware that by signing this Agreement and participating in the Activity, I am waiving and releasing all claims arising out of such participation. In consideration for my voluntary participation in the Activity, including but not limited to the use of the Facilities, (a) I hereby assume all risks of the activities of Glorieta 2.0, wherever they may take place, and all risks of being on and moving about the premises of Glorieta 2.0 and any other sites of its activities. I acknowledge and assume all risks whether or not the particular risk has been described in the paragraph above and whether or not the particular risk is inherent in the activities undertaken or the premises. RELEASE: I AGREE TO WAIVE, RELEASE, AND NOT TO SUE GLORIETA 2.0, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS, AND STAFF (EMPLOYEES AND VOLUNTEERS) (“RELEASED PARTIES”) FOR ANY PROPERTY LOSS, PERSONAL OR BODILY INJURY, OR DEATH SUFFERED BY ME THAT IS IN ANY WAY RELATED TO MY ENROLLMENT OR PARTICPATION IN ANY ACTIVITIES OF GLORIETA 2.0 OR MY PRESENCE ON THE PREMISES OF GLORIETA 2.0 OR ANY OTHER ACTIVITY SITE. PARTICIPANT AGREEEMENT Page 2 Indemnity: I further agree to indemnify and hold harmless (that is, to protect and defend, and pay demands and judgments, including costs and reasonable attorneys’ fees) the Released Parties from any claim of property loss, personal or bodily injury, loss and damage or death suffered by me that may result from is in any way related to my enrollment or participation in any activities of Glorieta 2.0 or my presence on the Activity; and (b) premises of Glorieta 2.0 or any other activity site. THESE AGREEEMENTS OF RELEASE AND INDEMNITY INCLUDE CLAIMS OF NEGLIGENCE BY ANY RELEASED PARTY BUT NOT CLAIMS OF RECKLESSNESS OR INTENTIONALLY WRONGFUL CONDUCT. Other: • I agree to waivethe terms of this Participant Agreement and agree that the protections it provides to the released and indemnified parties are intended to be as broad and inclusive as permitted by New Mexico law. • I hereby consent to Glorieta 2.0 taking or using any photographs of me or recording of me, indemnifywhether audio or video, hold harmlessme while on the premises of Glorieta 2.0 or any other activity site. I agree that Glorieta 2.0 may use any such photographs or recordings of me without providing me any compensation or remuneration. • Glorieta 2.0 is authorized to provide or obtain medical care for me, release as it deems appropriate or necessary, and discharge Loyolato exchange medical information about me with any third-party care providers. • To the extent a claim asserted by me against a Released Party is dismissed or deemed by a court of competent jurisdiction to be without merit, its affiliates I agree that the Released Party may recover from me his or her costs, including reasonable attorneys’ fees, incurred in defending the claim. • I acknowledge and subsidiaries agree that any suit I bring against a Released Party shall be brought exclusively in Santa Fe County, New Mexico, and their respective trustees, officers, employees, representatives, agents, volunteers, successors and assigns (“Releasees”) from any and all actions, causes of action, suits, claims, damages and expenses whatsoever for any injury, loss, damage, accident, inconvenience or expense, present or future, relating to or arising from my voluntary participation in the Activity. It is my express intent that this Agreement binds the members of my family and any of my heirs, assigns or personal representatives and is governed by the laws applicable thereto shall be those of the State of Illinois.New Mexico without regard to any conflict of law principles. • This Participant Agreement may be amended only by a written instrument signed by a duly authorized representative of Glorieta 2.0. • Should a court of competent jurisdiction find any provision of this Participant Agreement to be invalid, illegal, or unenforceable, I agree that the remainder of this Participant Agreement shall nevertheless remain in full force and effect. • I acknowledge and agree that this Agreement is intended to be binding upon my heirs, estate, executors, guardians, administrators, legal representatives, and assigns. Signature:

Appears in 2 contracts

Samples: Participant Agreement for Release and Assumption, Participant Agreement for Release and Assumption

Assumption of Risks. In consideration of being permitted to become a Member at Pickleball Kingdom and/or to use the Premises, to participate in any Activities, and/or to otherwise use the Pickleball Kingdom facilities, products, services, or equipment, with full knowledge and awareness of the potential risks, I, on behalf of myself and my children or other minors for whom I understand am responsible and/or for whom I am authorized to act and provide consent, understand, acknowledge that and agree each participant chooses of the level of participation they will give following: ● Although Pickleball Kingdom has taken reasonable steps to provide appropriate facilities and/or equipment to undertake the Activities specific to the Activity Premises, including but not limited to, pickleball, activities, events, classes, clinics, tournaments, league play, special events, parties, observation, and has all other uses of the right Premises, facilities, products, services, or equipment, and responsibility to limit their participation in the Activity if they have safety Activities, there are certain risks that are inherent that may not or cannot be completely eliminated. ● The Premises and Activities offered by Pickleball Kingdom, including use of the Premises, participation in Activities, or use of the facilities, services, equipment or products provided, endorsed, sponsored, or operated at the Premises or during any Activities, may be physically and mentally demanding, dangerous, and involve risks of injury, damage, illness, disease, and/or death. ● I hereby assert that participation in any and all Activities at the Pickleball Kingdom is voluntary and that with full awareness and knowledge of the risks, I knowingly assume all such risks for myself and on behalf of any children or other concernsminors for whom I am responsible and/or for whom I am authorized to act and provide consent. I understand that Loyola has not assessed my skill ● The dangers, hazards, and risks of injury, damage, illness, or fitness level prior to my participation in disease at the Activity. I understand and acknowledge that Premises, participating in the Activity carries certain inherent dangers Activities, or using the Pickleball Kingdom facilities or equipment include, but are not limited to: (a) pickleball courts, lobby, entryways, sidewalks, hallways, showers, locker rooms, and hazards which cannot be totally eliminatedrestrooms, which could storage areas, parking lots, mezzanine, cafes, food vendors, and any other areas in or outside of the Premises; (b) slips, trips, collisions, falls, and loss of footing or balance, including “slip and falls”; (c) equipment or building failure, malfunction, or misuse by you or others; (d) property or information theft, misuse, or damage, including from vehicles, equipment, lockers, other common areas, files, or systems; and (e) other accidents or incidents that may result in serious bodily injury, illness damage, illness, or diseasedisease to me, including permanent disabilitymy children or other minors for whom I am responsible and/or for whom I am authorized to act and provide consent, paralysis or deathother Members, Guests, persons or entities (collectively, “Risks”). I further understand that those risks ● Injuries or damages may include, but are not limited to: (a) major or minor personal, inclement weatherphysical, bodily, emotional, mental, economic, property, or other types of injuries or damages to you, your children or other minors for whom you are responsible and/or for whom you are authorized to act and provide consent, or other Members, Guests, persons, or entities; (b) death, paralysis, brain damage, heart attacks, strokes, disfigurement, heat stress and/or heat stroke, dehydration, concussions, hearing loss, torn or damaged muscles or ligaments/tendons, joint problems, or injuries, broken bones, allergic reactions, xxxxx, sprains, bruises, and/or scrapes; (c) aggravation of pre-existing injuries, damages, illnesses, diseases, or medical conditions; (d) sickness, food poisoning or other food-borne or food-related illnesses or allergic reactions, choking hazards, injury, hospitalization, need to quarantine, or exposure to any communicable diseases or illnesses, including without limitation, COVID-19, influenza, common cold or other coronaviruses, MRSA, viruses, bacterial infections, or other communicable diseases or illnesses; (e) pain and suffering; (f) loss of consortium, love, affection, comfort, companionship, or care; (g) emotional distress, embarrassment, humiliation or shock; (h) lost wages or lost earning capacity; (i) medical expenses; (j) lost, stolen, misused, or damaged property or information; and any other disability, impairment, incapacity, injury, loss, or damage (collectively, “Injuries”). ● You or your children or other minors for whom you are responsible and/or for whom you are authorized to personal property; personal injury act and provide consent may be exposed to and, with full knowledge and awareness of the potential risks, agree to assume the risks incurred by participation in Activities and use of the Premises of sickness, injury, or accidents resulting from outdoor activities illness to yourself or others such as, but not limited to, transmission or infection with any communicable diseases or illnesses, including without limitation, COVID-19, influenza, common cold or other coronaviruses, MRSA, viruses, food poisoning or other food-borne or food-related illnesses or allergic reactions, choking hazards, bacterial infections, or other communicable diseases or illnesses, quarantine, hospitalization, injury, or death. ● Risks and Injuries in the use of the Premises and participation in Activities at the Pickleball Kingdom may be caused, in whole or in part, by the NEGLIGENCE OF PICKLEBALL KINGDOM, you, minors (whether under your control or not), other Members or Guests, or other persons or entities. YOU FULLY UNDERSTAND AND, WITH FULL AWARENESS AND KNOWLEDGE OF THE POTENTIAL RISKS, VOLUNTARILY AND WILLINGLY ASSUME ALL RISKS AND INJURIES, INCLUDING WITHOUT LIMITATION RISKS AND INJURIES CAUSED BY THE NEGLIGENCE OF PICKLEBALL KINGDOM, YOURSELF, MINORS (WHETHER UNDER YOUR CONTROL OR NOT), OTHER MEMBERS OR GUESTS, OR OTHER PERSONS OR ENTITIES. RELEASE OF LIABILITY AND WAIVER OF CLAIMS: ON BEHALF OF YOURSELF, YOUR CHILDREN AND OTHER MINORS FOR WHOM YOU ARE RESPONSIBLE AND/OR FOR WHOM YOU ARE AUTHORIZED TO ACT AND PROVIDE CONSENT, HEIRS, NEXT OF KIN, PERSONAL REPRESENTATIVES, AND ASSIGNS, YOU HEREBY ASSUME ALL RISK AND LIABILITY IN CONNECTION WITH PARTICIPATING IN ANY ACTIVITIES, USE OF THE PREMISES, AND USE OF ANY PICKLEBALL KINGDOM FACILITIES, PRODUCTS, SERVICES, OR EQUIPMENT, AND DO RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO MAKE ANY CLAIM IN ANY FORUM AGAINST PICKLEBALL KINGDOM, INCLUDING ALL OF ITS SUBSIDIARIES, PARENTS, AND AFFILIATES AND ANY OF THEIR RESPECTIVE PARENTS, SUBSIDIARIES, BOARD MEMBERS, INVESTORS, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, INVESTORS, AGENTS, VOLUNTEERS, SERVANTS, INSURERS, ATTORNEYS, SUCCESSORS, ASSIGNS, REPRESENTATIVES, SPOUSES, EXECUTORS, PERSONAL REPRESENTATIVES, AND HEIRS (COLLECTIVELY, THE “RELEASED PARTIES” AND INDIVIDUALLY A “RELEASED PARTY”) IN CONNECTION WITH OR ARISING OUT OF USE OF THE PREMISES, PARTICIPATION IN ANY ACTIVITIES, AND/OR USE OF ANY PICKLEBALL KINGDOM FACILITIES, PRODUCTS, SERVICES, OR EQUIPMENT. THE RELEASE GIVEN HEREIN SHALL INCLUDE A RELEASE OF THE RELEASED PARTIES FROM ANY AND ALL LIABILITIES, LOSSES, CLAIMS, LITIGATION, SUITS, DEMANDS, ACTIONS, EXPENSES (INCLUDING ATTORNEYS’ FEES) AND CAUSES OF ACTION WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OR DAMAGE AND ANY CLAIM OR DEMAND THEREFOR ON ACCOUNT OF ANY PHYSICAL, MENTAL, OR EMOTIONAL INJURY, DAMAGE, ILLNESS, OR SICKNESS (INCLUDING WITHOUT LIMITATION COVID-19 OR OTHER TRANSMISSION OF COMMUNICABLE DISEASE, INFECTION, OR ILLNESS) TO PERSON OR DAMAGE TO PROPERTY OR RESULTING IN PHYSICAL, MENTAL, OR EMOTIONAL INJURY, DAMAGE, ILLNESS, SICKNESS, OR DEATH (INCLUDING WITHOUT LIMITATION RELATED TO COVID-19 OR OTHER TRANSMISSION OF COMMUNICABLE DISEASE, INFECTION, OR ILLNESS) OF THE UNDERSIGNED AND ANY CHILDREN/MINORS FOR WHOM YOU ARE AUTHORIZED TO ACT AND PROVIDE CONSENT, OR GUESTS, ARISING OUT OF OR RELATED IN ANY WAY TO USE OF THE PREMISES, PARTICIPATION IN ANY ACTIVITIES, AND USE OF ANY PICKLEBALL KINGDOM FACILITIES, PRODUCTS, SERVICES, OR EQUIPMENT, WHETHER (I) ALLEGED TO BE CAUSED BY ANY OF THE RELEASED PARTIES, OTHER MEMBERS, GUESTS, MINORS (WHETHER UNDER YOUR CONTROL OR NOT), PERSONS, OR ENTITIES, (II) ALLEGED TO BE CAUSED BY THE NEGLIGENCE, MISCONDUCT, OR OTHER ACTS OR OMISSIONS OF ANY OF THE RELEASED PARTIES, OTHER MEMBERS, GUESTS, MINORS (WHETHER UNDER YOUR CONTROL OR NOT), PERSONS OR ENTITIES, (III) CLAIMS ARE BROUGHT BY YOU OR OTHER MEMBERS, GUESTS, MINORS (WHETHER UNDER YOUR CONTROL OR NOT), PERSONS, OR ENTITIES, AND (IV) CLAIMS BROUGHT AGAINST ANY OF THE RELEASED PARTIES, OTHER MEMBERS, MINORS (WHETHER UNDER YOUR CONTROL OR NOT), GUESTS, PERSONS, OR ENTITIES. MINORS RELEASE (IF APPLICABLE): With full knowledge and awareness of the risks and legal impact of this waiver and release, I as the parent, legal guardian, or other adult responsible for and/or authorized to act and provide consent for minors who will participate in Activities at the Premises or use any of the Pickleball Kingdom facilities, products, services, or equipment under my supervision, understand the nature of the Activities offered by and at Pickleball Kingdom, along with the minors’ experience, condition, and capabilities, and I believe the minors to be qualified, competent, in good health, and in proper physical exertion; the environmental risks described above; other unforeseeable acts of nature; physical contact with others; and the emotional effects of being in perceived risk. I understand that if I choose condition to participate in such Activities. In consideration of the Activityminors being permitted to use the Premises, participate in any Activities, and/or to otherwise use the Pickleball Kingdom facilities, products, services, or equipment, and with full knowledge and awareness of the potential Risks and Injuries, I voluntarily hereby assume all risks associated with such participation. General Release. I am aware risk and liability of the minors’ participation and use, and release, waive, discharge, covenant not to sue and agree to defend, indemnify, and hold harmless the Released Parties from any and all liability, claims, demands, losses, or damages on the minors’ account, that by signing this Agreement and are incurred or suffered at the Premises or while minors are participating in the ActivityActivities or using the facilities, products, or services, and/or any and all damages, losses or injuries that are caused by the minors, including without limitation, caused or alleged to be caused in whole or in part by the Negligence of Pickleball Kingdom, minors (whether under my control or not), other Members or Guests, or other persons or entities, and I further agree that if, despite this release, I, the minors, or anyone on the minors’ behalf makes a claim against any of the Released Parties, I am waiving will defend, indemnify, and releasing hold harmless the Released Parties against any losses, damages, liabilities, litigation expenses (including expert witness fees), attorneys’ fees, costs, or any other expenses that may be incurred as a result of any such claim. WAIVER OF FOOD LIABILITY: In consideration of being permitted to consume food products and beverages on the Premises and while participating in Activities, and in addition to all claims other waivers, releases of liability, and risks assumed elsewhere in this Agreement, on behalf of yourself, your children and other minors for whom you are responsible and/or for whom you are authorized to act and provide consent, heirs, next of kin, personal representatives, and assigns, you hereby assume all risk and liability in connection with the preparation of food products or beverages provided at the Premises or during any Activities as well as in connection with consuming any food or beverages of any kind on the Premises or during Activities, including, without limitation, prepackaged food or beverages, food or beverages brought from outside of the Premises by you or other individuals or entities, and food or beverages prepared on or outside of the Premises or otherwise provided by any third-party vendors, and do release, waive, discharge and covenant not to make any claim in any forum against the Released Parties in connection with or arising out of such participationthe preparation or consumption of any food and beverages on the Premises or while participating in any Activities. In consideration for my voluntary participation in This releases the ActivityReleased Parties from any and all liabilities, losses, claims, litigation, suits, demands, actions, expenses (including attorneys’ fees) and causes of action whatsoever, including but not limited to the use to, any loss or damage and any claim or demand therefor on account of the Facilitiesany physical, (a) I hereby assume all risks of mental, or emotional injury, loss and damage that may result from my participation in the Activity; and (b) I agree to waive, indemnify, hold harmless, release and discharge Loyola, its affiliates and subsidiaries and their respective trustees, officers, employees, representatives, agents, volunteers, successors and assigns (“Releasees”) from any and all actions, causes of action, suits, claims, damages and expenses whatsoever for any injury, loss, damage, accidentillness or sickness (including without limitation, inconvenience food poisoning or expenseother food-borne or food-related illnesses or allergic reactions, present choking hazards, or futureinfections) to person or damage to property resulting in physical, relating to mental, or arising from my voluntary participation in the Activity. It is my express intent that this Agreement binds the members of my family and any of my heirsemotional injury, assigns damage, illness, sickness, or personal representatives and is governed by the laws of the State of Illinoisdeath.

Appears in 2 contracts

Samples: Terms of Service and Release of Liability, Terms of Service and Release of Liability

Assumption of Risks. Swimming and physical activity, by its very nature, carry 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 minor injuries such as scratches, bruises, and sprains to catastrophic injuries resulting in death. I understand know, understand, and acknowledge appreciate that each participant chooses the level of participation they will give to the Activity these and has the right and responsibility to limit their participation other risks are inherent in the Activity if they have safety or other concernsactivities made possible by PVC. I understand hereby assert that Loyola has not assessed my skill or fitness level prior to my participation in the Activity. these activities is voluntary and that I understand and acknowledge that participating in the Activity carries certain inherent dangers and hazards which cannot be totally eliminated, which could result in serious bodily injury, illness or disease, including permanent disability, paralysis or death. I further understand that those risks may include, but are not limited to, inclement weather; loss or damage to personal property; personal injury or accidents resulting from outdoor activities or physical exertion; the environmental risks described above; other unforeseeable acts of nature; physical contact with others; and the emotional effects of being in perceived risk. I understand that if I choose to participate in the Activity, I voluntarily knowingly assume all risks associated with such participationrisks. General Release. Indemnification and Hold Harmless: I am aware that by signing this Agreement and participating in the Activity, I am waiving and releasing all claims arising out of such participation. In consideration for my voluntary participation in the Activity, including but not limited to the use of the Facilities, (a) I hereby assume all risks of injury, loss and damage that may result from my participation in the Activity; and (b) I also agree to waive, indemnify, indemnify and hold harmless, release and discharge Loyola, its affiliates and subsidiaries and their respective trustees, officers, employees, representatives, agents, volunteers, successors and assigns (“Releasees”) PVC harmless from any and all claims, actions, causes of action, suits, claimsprocedures, costs, expenses, damages and expenses whatsoever for liabilities, including attorney’s fees, which arise out of my membership or use of the property, facilities, staff, equipment or services of PVC, or that arise out of such use by any injuryminor children of which I am the parent or guardian. Rules and Regulations: I acknowledge I have read the Pleasanton Valley Club Safety Rules and Regulations and agree that I, lossand any guests or minor children of which I am the parent or guardian, damagewill fully comply with all such Rules and Regulations and with all signage posted at the pool. I agree that I will accompany and supervise the activities of my guests and minor children at all times. Gate Key Policy: In the event that my gate key is lost, accidentl will immediately notify the PVC Management Committee and the Board of Directors in writing of such fact and will pay a twenty five dollar ($25.00) fee to cover the replacement cost. Acknowledgment of Understanding: I have read this waiver of liability, inconvenience or expenseassumption of risk, present or futureand indemnity agreement, relating fully understand its terms, and understand that I am giving up substantial rights, including my right to or arising from my voluntary participation in xxx. I acknowledge that I am signing the Activityagreement freely and voluntarily, and intend it to be a complete and unconditional waiver and release of all liability to the greatest extent allowed by law. It is my express intent I agree that this Agreement binds will be signed by all persons over the members age of my family 18, and any on behalf of my heirs, assigns all minor children of which I am the parent or personal representatives and guardian. Refund Policy There is governed by the laws of the State of Illinois.no refund on membership fees or initiation fees. Signature Date Signature Date

Appears in 1 contract

Samples: pvclub.com

Assumption of Risks. I acknowledge and understand that there are dangers and risks associated with the use of virtual reality equipment which includes, but not limited to: dizziness, nausea, vomiting, short breath, pallor, headaches, disorientation, fatigue, seizures, impaired hand-eye coordination or balance, eye strain, blackouts, discomfort, loss of awareness, altered, blurred, or double vision or other visual abnormalities, excessive sweating, increased salivation, drowsiness, or any symptoms associated with motion sickness. I acknowledge the known and unanticipated risks that can result in physical injuries to myself and others, emotional injury, death, and damage to personal, public, third party, and iSimu VR property. By participating in the Activities provided by iSimu VR, I freely and fully assume and agree to the hazards and risks, and to use my best judgment while engaging in those Activities. WAIVER OF CLAIMS AND INDEMNIFY AND RELEASE OF LIABILITY AGREEMENT: I agree to indemnify and hold iSimu VR harmless from and against any and all loss, liability, claim, damage, and expense (including reasonable legal fees and expenses) arising out of any accident, injury or death to persons, or loss of damage or property, or fines and penalties which may result, in whole or in part, by the use of iSimu VR’s Services. I shall defend and settle all suits or proceedings arising out of the foregoing.The obligations of this Release Agreement shall last in perpetuity. I acknowledge that each participant chooses the level of participation they will give if I or a legal entity in which I have bound to the Activity terms of this Release Agreement suffers an injury and has seeks medical assistance, the right and responsibility to limit their participation in the Activity if they have safety costs will be at my own expense, my personal insurer(s), or other concernsmy legal entities’. I understand that Loyola has iSimu VR will not assessed my skill be held liable for any costs inflicted to myself or fitness level prior the legal entities that I have bound to my participation in the Activitythis Release Agreement. I understand and acknowledge that participating in the Activity carries certain inherent dangers and hazards which cannot be totally eliminatedagree to indemnify iSimu VR for any indirect, which could result in serious bodily injuryincidental, illness consequential, special, or disease, including permanent disability, paralysis or death. I further understand that those risks may include, but are not limited to, inclement weather; loss or damage to personal property; personal injury or accidents exemplary damages resulting from outdoor activities my own use or physical exertion; the environmental risks described above; other unforeseeable acts another legal entity bounded by myself of nature; physical contact with others; iSimu VR Services and the emotional effects of being in perceived riskvirtual reality equipment. I understand that if I choose to participate in the ActivityThe compensation should cover, I voluntarily assume all risks associated with such participation. General Release. I am aware that by signing this Agreement and participating in the Activity, I am waiving and releasing all claims arising out of such participation. In consideration for my voluntary participation in the Activity, including but not limited to the use any loss of the Facilitiesprofit, (a) earnings, anticipated earnings interruption or loss of business, or any consequential losses, problems, or fault. ACKNOWLEDGMENT AND UNDERSTANDING: I hereby assume all risks HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL THE PROVISIONS OF THIS RELEASE AGREEMENT AND AM FREELY, KNOWINGLY, AND VOLUNTARILY ENTERING INTO THIS AGREEMENT AND UNDERSTAND THAT I HAVE GIVEN UP CERTAIN LEGAL RIGHTS BY SIGNING IT. A SIGNED RELEASE AGREEMENT IS REQUIRED FOR EACH PARTICIPANT. Minor's Full Name Minor's Date of injury, loss and damage that may result from my participation in the Activity; and (b) I agree to waive, indemnify, hold harmless, release and discharge Loyola, its affiliates and subsidiaries and their respective trustees, officers, employees, representatives, agents, volunteers, successors and assigns (“Releasees”) from any and all actions, causes of action, suits, claims, damages and expenses whatsoever for any injury, loss, damage, accident, inconvenience or expense, present or future, relating to or arising from my voluntary participation in the Activity. It is my express intent that this Agreement binds the members of my family and any of my heirs, assigns or personal representatives and is governed by the laws of the State of Illinois.Birth Parent's Full Name Parent's Phone Number

Appears in 1 contract

Samples: Liability Agreement

Assumption of Risks. If I understand am an adult participant or Parent, I hereby acknowledge and acknowledge that each participant chooses assume all of the level risks of participation they will give to the Activity and has the right and responsibility to limit their participation in the Activity if they have safety or other concerns. I understand that Loyola has not assessed my skill or fitness level prior to my participation in the Activity, whether inherent or not and whether described above or not. I understand and acknowledge that participating in the Activity carries certain involves inherent dangers risks and hazards which canother risks, hazards, and dangers, including some not be totally eliminatedlisted above, which could result in serious bodily can cause or lead to death, injury, illness illness, property damage, mental or diseaseemotional trauma, including permanent or disability, paralysis or death. I further understand that those expressly assume all the risks may include, but are not limited to, inclement weather; loss or damage to personal property; personal injury or accidents resulting from outdoor of enrollment and participation in the activities or physical exertion; and moving about the environmental risks described above; other unforeseeable acts premises of nature; physical contact with others; and the emotional effects of being in perceived risk. I understand that if I choose to participate in the Activity, I voluntarily assume all risks associated with such participation. General Releaseinherent or not, and whether or not described above. I also understand that any equipment that I provide or may borrow or rent from GPNY or any other provider I use at my own risk and that any such equipment is provided without any warranty about its condition or suitability. If I am aware that by signing this Agreement the Parent of a minor participant I have discussed the activities and risks with the minor child who understands and accepts them. By participating in the Activity, I agree my image and/or voice may be recorded for possible broadcast or other promotional purposes without compensation. I hereby acknowledge, agree, and represent that I have or will immediately upon entering any Restricted Area, and will continuously thereafter, inspect the Restricted Area which I enter, and I further agree and warrant that, if at any time, I am waiving in or about any Restricted Areas and releasing all claims arising out I feel anything to be unsafe, I will immediately advise the officials of such participation. In consideration for my voluntary participation and if necessary will leave the Restricted Area and/or refuse to participate further in the Activity. Release and Indemnity If I am an adult participant or Parent (for myself and, including but not limited to the use maximum extent allowed by law, on behalf of the Facilities, (a) I hereby assume all risks of injury, loss and damage that may result from my participation in the Activity; and (bminor participant) I agree to waive, indemnify, hold harmless, release and discharge Loyolanot to xxx GPNY and/or their respective owners, members, officers and staff with respect to any and all claims of injury, disability, death, or other loss or damage to person or property suffered by me, the child, a family member, personal representative, estate, or any other person if applicable, arising in whole or part from my (or the child's) visit to the premises of the Activity or participation in any activity. I agree for myself on behalf of the minor participant, and the parties listed above, NOT TO XXX and to INDEMNIFY, DEFEND, AND HOLD HARMLESS, GPNY, LLC a New York limited liability company, its affiliates and subsidiaries and their respective trusteesmanagers, officersmembers, employees, representativesowners, agents, directors, attorneys, staff, volunteers, successors successors, assigns, affiliates, heirs, investors, partners, promoters, participants, racing associations, sanctioning organizations or any subdivision thereof, track operators, track owners, officials, car owners, drivers, pit crews, rescue personnel, any persons in any Restricted Area, sponsors, advertisers, owners and assigns lessees of premises used to conduct the Activity, premises and event inspectors, surveyors, underwriters, consultants and others who give recommendations, directions, or instructions or engage in risk evaluation or loss control activities regarding the premises or Activity as well as Diamond Hospitality Group LLC, Diamond Properties LLC, DP 21 LLC, and Diamond Property Management LLC (all collectively referred to as the ReleaseesReleased Party) from ), in law and in equity against any and all actions, causes of action, suits, claims, damages suits or actions of any kind, whatsoever, for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees, costs of defense, and expenses whatsoever for any injuryrelated costs, loss, damage, accident, inconvenience if litigation or expense, present the threat of litigation arises pursuant to any claims made by me or future, relating to by anyone else acting on my behalf or arising from on behalf of the minor participant. If I make any such claim or any such claim is made by anyone on my voluntary behalf or on behalf of the minor participant or as a consequence of the minor participant’s participation in the ActivityActivity at GPNY I agree for myself and on behalf of the minor participant to reimburse all such costs and liability to the person or entity who incurs such costs or liability from such suits, claim, demands or actions of any kind. It is my express intent I acknowledge that this Agreement binds these agreements of release and indemnity include loss or damage caused or claimed to be caused in whole or in part by the members negligence of a Released Party, but not intentional wrongs or the gross negligence of a Released Party. In the event that any damage to equipment or facilities occurs as a result of my family or the minor participant’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of my heirs, assigns neglect or personal representatives and is governed by the laws of the State of Illinoisrecklessness.

Appears in 1 contract

Samples: www.northsalemschools.org

Assumption of Risks. I understand am aware the activities involve risks, dangers, or hazards including, but not limited to: accidents which may occur during transportation or travel to and acknowledge that each participant chooses from all activities; the level overturning or upsetting of participation they will give boats; entrapment by trees, logs, rocks or equipment; hypothermia due to the Activity exposure to very cold water; impact or collision with rocks, trees, logs, deadfall, other vessels, and has the right and responsibility to limit their participation other boating equipment; high winds; equipment failure; variation in the Activity if they have safety water conditions, surfaces and currents; road traffic; trail conditions; encounters with domestic or wild animals; and negligence of other concernsparticipant(s). I understand am also aware that Loyola has not assessed my skill or fitness level prior to there is a risk of NEGLIGENCE ON THE PART OF THE OPERATORS, INCLUDING THE FAILURE BY THE OPERATORS AND THEIR STAFF TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES. I FREELY ACCEPT AND FULLY ASSUME ALL RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE ACTIVITIES AND THE POSSIBLITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM. RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT In consideration of my participation in the Activity. I understand and acknowledge that participating in the Activity carries certain inherent dangers and hazards which cannot be totally eliminated, which could result in serious bodily injury, illness or disease, including permanent disability, paralysis or death. I further understand that those risks may include, but are not limited to, inclement weather; loss or damage to personal property; personal injury or accidents resulting from outdoor these activities or physical exertion; the environmental risks described above; other unforeseeable acts of nature; physical contact with others; and the emotional effects of being in perceived risk. I understand that if I choose to participate in the Activitypromoted by Voyageur Adventures Inc, I voluntarily assume all risks associated with such participation. General Release. I am aware that by signing this Agreement hereby for myself, heirs, executors, administrators, and participating in the Activityassigns, I am waiving RELEASE AND FOREVER DISCHARGE Voyageur Adventures Inc, their officers, managers, servants, agents and releasing all claims arising out of such participation. In consideration for my voluntary participation in the Activity, including but not limited to the use of the Facilitiesleaders, (a) I hereby assume all risks of injury, loss and damage that may result from my participation in which are referred to as the Activity; and (b) I agree to waive, indemnify, hold harmless, release and discharge Loyola, its affiliates and subsidiaries and their respective trustees, officers, employees, representatives, agents, volunteers, successors and assigns (ReleaseesCompany”) from any and all lawsuits or actions, causes claims or demands by reason of actionany damage, suitsloss, death or injury to myself or to my property arising from my participation in the activities notwithstanding that the same may have been contributed to or occasioned by the negligence of the Society and the guide assisting in the activity. I AGREE to save, hold harmless and indemnify the Company and their guides, from and against all lawsuits, claims, damages and actions, costs or expenses whatsoever for in respect to any death, injury, lossloss or damage to myself or my property howsoever caused arising out of, damageor in connection with, accident, inconvenience or expense, present or future, relating the activities and whether the same may have been contributed to or occasioned by the negligence of the Society and the guides. I RECOGNIZE AND ACKNOWLEDGE that there are inherent risks and hazards involved in participating in the activities and have read and understand the paragraph ‘Assumption of Risks’ above. I AGREE to assume all such risks and hazards, and I further agree to bear all costs of rescue or medical attention rendered to me personally arising from my voluntary participation in the Activityactivities. It NAME PHONE SIGNATURE DATE FOR PARTICIPANTS OF MINORITY AGE (UNDER AGE 18 AT TIME OF REGISTRATlON) This is my express intent to certify that I, as parent/guardian with legal responsibility for this Agreement binds participant, do consent and agree to his/her release as provided above of all the members of my family and any of Releasees, and, for myself, my heirs, assigns assigns, and next of kin, I release and agree to indemnify the Releasees from any and all liabilities incidental to my minor child’s involvement or personal representatives and is governed by the laws of the State of Illinois.participation in these programs as provided above. PARENT/GUARDIAN EMERGENCY PHONE NUMBER SIGNATURE

Appears in 1 contract

Samples: Indemnity Agreement

Assumption of Risks. I understand Understanding, acknowledging and acknowledge that each participant chooses agreeing to all the level of participation they will give to the Activity and has the right and responsibility to limit their participation in the Activity if they have safety or other concerns. I understand that Loyola has not assessed my skill or fitness level prior to my participation in the Activity. I understand and acknowledge that participating in the Activity carries certain inherent dangers risks and hazards which cannot be totally eliminatedinvolved with the CrossFit Event, which could result in serious bodily injury, illness or disease, including permanent disability, paralysis or death. I further understand that those risks may include, but are not limited to, inclement weather; loss or damage to personal property; personal injury or accidents resulting from outdoor activities or physical exertion; the environmental risks described above; other unforeseeable acts of nature; physical contact with others; freely and the emotional effects of being in perceived risk. I understand that if I voluntarily choose to participate in the ActivityLMS Event, travel to, enter and use the Venue, and I voluntarily assume all risks associated with such participation. General ReleaseHEREBY VOLUNTARILY AND EXPRESSLY AGREE TO ACCEPT AND ASSUME ALL RISK OF LOSS, DAMAGES, THEFT, INJURY OR DEATH THAT MAY OCCUR TO ME OR MY PROPERTY AS A RESULT OF OR INCIDENT TO MY PARTICIPATION IN THE CROSSFIT EVENT OR FROM ANY PRIZES THAT MAY BE AWARDED TO ME IN CONNECTION WITH THE CROSSFIT EVENT, INCLUDING THE RISK I MAY BE INJURED BY THE ACTIONS OR NEGLIGENCE OF THE RELEASED PARTIES, OTHER PARTICIPANTS OR THIRD PARTIES WHILE PARTICIPATING IN THE CROSSFIT EVENT OR VISITING, TRAVELING TO OR FROM OR USING OR VISITING THE VENUE. I am aware understand and agree that by signing agreeing to this Agreement and participating in the ActivityAgreement, I am waiving and releasing all claims arising out of such participation. In consideration assuming full responsibility for my voluntary participation in the Activity, including but not limited to the use of the Facilities, (a) I hereby assume all risks of injury, loss and damage that may result from my participation in the Activity; and (b) I agree to waive, indemnify, hold harmless, release and discharge Loyola, its affiliates and subsidiaries and their respective trustees, officers, employees, representatives, agents, volunteers, successors and assigns (“Releasees”) from any and all actionsrisk of death, causes serious personal injury, temporary or permanent disability, or property loss and/or damage suffered by me or my property in connection with the LMS Event or while visiting, traveling to or using the Venue. I understand and agree that this Agreement will be binding on me, my spouse (or registered domestic partner), my guardians, the executors or administrators of actionmy estate, suitsmy heirs, claimsmy personal representatives, damages my assigns, my successors in interest, my children, and expenses whatsoever any guardian ad litem for said children (collectively, the “Releasors”). I accept full and complete responsibility for the safety of myself, any injuryguests, observers, or other individuals who I have invited to the Venue, and property, and I assume the risk of damage, theft, loss, damageor injury caused by others to me, accident, inconvenience or expense, present or future, relating to or arising from my voluntary participation in the Activity. It is my express intent that this Agreement binds the members of my family guests and any of my heirs, assigns or personal representatives and is governed by the laws of the State of Illinoisproperty.

Appears in 1 contract

Samples: lms360.co.za

Assumption of Risks. I understand that not all risks can be foreseen and acknowledge that each participant chooses the level of participation they will give to the Activity and has the right and responsibility to limit their participation in the Activity if they have safety or other concernsthere are some risks which are unpredictable. I understand that Loyola has not assessed my skill or fitness level prior to my participation in the Activity. I understand and acknowledge that participating in the Activity carries certain inherent dangers and hazards which risks that cannot be totally eliminatedeliminated regardless of the care taken to avoid injuries. I am aware of the risks of participation, which could result in serious bodily injury, illness or disease, including permanent disability, paralysis or death. I further understand that those risks may include, but are not limited to, inclement weather; loss the possibility of physical injury, fatigue, bruises, contusions, broken bones, concussion, paralysis and even death. I understand that I have been advised to have health and accident insurance in effect and that no such coverage is provided for me by the University or the State of Wisconsin. I know, understand, and appreciate the risks that are inherent in the above listed programs and activities. I hereby assert that my participation is voluntary and that I knowingly assume all such risks. € I agree to the assumption of risks Hold Harmless, Indemnity and Release: In consideration of my participation in these activities, I, for myself, spouse, heirs, personal representatives, estate or assigns, agree to defend, hold harmless, indemnify and release the Board of Regents of the University of Wisconsin System, the University of Wisconsin Parkside, and their officers, employees, agents, volunteers, and all others who are involved, from and against any and all claims, demands, actions, or causes of action of any sort on account of damage to personal property; , or personal injury or accidents resulting from outdoor activities or physical exertion; the environmental risks described above; other unforeseeable acts of nature; physical contact with others; and the emotional effects of being in perceived risk. I understand that if I choose to participate in the Activity, I voluntarily assume all risks associated with such participation. General Release. I am aware that by signing this Agreement and participating in the Activity, I am waiving and releasing all claims arising out of such participation. In consideration for my voluntary participation in the Activity, including but not limited to the use of the Facilities, (a) I hereby assume all risks of injury, loss and damage that or death which may result from my participation in the Activity; and (b) I agree to waiveabove listed program. This release includes claims based on the negligence of the Board of Regents of the University of Wisconsin System, indemnifythe University of Wisconsin Parkside, hold harmless, release and discharge Loyola, its affiliates and subsidiaries and their respective trustees, officers, employees, representatives, agents, and volunteers, successors but expressly does not include claims based on their intentional misconduct or gross negligence. € I understand by agreeing to this clause I am releasing and assigns giving up substantial rights, including my right to sue Consent for Emergency Treatment: I authorize the University of Wisconsin Parkside and its designated representatives to consent, on my behalf, to any emergency medical/hospital care or treatment to be rendered upon the advice of any licensed physician. I agree to be responsible for all necessary charges incurred by any hospitalization or treatment rendered pursuant to this authorization. € I agree to the consent of emergency treatment € BY CHECKING THIS BOX, I ACKNOWLEDGE THAT I HAVE READ THIS WAIVER AND RELEASE OF LIABILITY AND FULLY UNDERSTAND ITS TERMS, AND I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS, AND I CHECK IT KNOWINGLY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR DURESS. Name (“Releasees”please print & include M.I.) from any and all actions, causes of action, suits, claims, damages and expenses whatsoever for any injury, loss, damage, accident, inconvenience or expense, present or future, relating to or arising from my voluntary participation in the Activity. It is my express intent that this Agreement binds the members of my family and any of my heirs, assigns or personal representatives and is governed by the laws of the State of Illinois.___________________________________ Signature ____________________________________________________ Date________________________ Emergency Contact Name: _____________________________________________ Phone: _________________________________ Relation: ___________________________________________________________________________________ File: Campus Activities & Engagement Copy: Club President

Appears in 1 contract

Samples: www.uwp.edu

Assumption of Risks. If I understand am an adult Participant or parent, I hereby acknowledge the risks described above and acknowledge their inherency, and that each participant chooses other risks, known and unknown, inherent and otherwise, may be encountered. I expressly accept and assume all the level risks, known and unknown, inherent or not, and whether or not described above, of participation they will give to the Activity and has the right and responsibility to limit their enrolment or participation in an amusement or activity of the Activity if they have safety or other concerns. I understand that Loyola has not assessed my skill or fitness level prior to my participation in the Activity. I understand and acknowledge that participating in the Activity carries certain inherent dangers and hazards which cannot be totally eliminatedgym, which could result in serious bodily injury, illness or disease, including permanent disability, paralysis or death. I further understand that those risks may include, but are not limited to, inclement weather; loss or damage to personal property; personal injury or accidents resulting from outdoor activities or physical exertion; the environmental risks described above; other unforeseeable acts of nature; physical contact with others; and the emotional effects of being in perceived risk. I understand that if I choose to participate in the Activity, I voluntarily assume all risks associated with such participation. General Release. I am aware that by signing this Agreement and participating in the Activity, I am waiving and releasing all claims arising out of such participation. In consideration for my voluntary participation in the Activity, including but not limited to the use of its equipment and facilities, or otherwise moving about the Facilitiespremises of the gym and remote sites and transportation to or walking to activity sites. If I am the parent of a minor Participant, I have discussed the activities, responsibilities and risks with the minor child who understands and accepts them, and I, to the fullest extent permitted by law, accept them on behalf of such minor child. R xxxxxx and Indemnity I, an adult Participant or parent (a) I parent agreeing for himself or herself and on behalf of a minor child or xxxx who is a Participant), to the maximum extent allowed by law hereby assume all risks of injury, loss and damage that may result from my participation in the Activity; and (b) I agree to waive, indemnify, hold harmless, release and discharge Loyola, its affiliates each and subsidiaries every entity or company that owns and/or operates gyms and climbing centers under the “Central Rock Gym” name and their respective trusteesowners, officers, employees, representatives, agents, volunteersrepresentatives, successors and assigns (collectively, ReleaseesReleased Parties”) from any and all actionsclaims, causes of action, suits, claimsliabilities, damages and expenses whatsoever losses asserted by or on behalf of me or the minor Participant in any way arising from or connected with my, or the minor’s, enrollment or participation in an activity of the gym, the use of its equipment and facilities, or otherwise moving about the premises of the gym and remote sites and transportation to or walking to activity sites. I understand that in signing this Agreement, I surrender my, and the child’s, right to make a claim or file a lawsuit against a Released Party for personal injury, property damage, wrongful death, products liability or under any injuryother theory, to the maximum extent allowed by law. I further agree to hold harmless and indemnify (that is, defend and either pay or reimburse) the gym and the other Released Parties from any claim and from any liability, loss, damagedamages or expenses (including attorneys’ fees) resulting from 1) a claim brought by a co-Participant, accidentrescuer or any other person for loss or damage caused by my, inconvenience or expensethe minor Participant’s, present acts or futureomissions; and 2) a claim brought by any member of my or my minor child’s family in any way arising out of my or the minor’s enrollment or participation in an activity of the gym, relating the use of its equipment and facilities, or otherwise moving about the premises of the gym and remote sites and transportation to or arising from my voluntary participation walking to activity sites. These agreements of release and indemnity include loss, damage or expense claimed to have been caused in the Activity. It is my express intent that this Agreement binds the members of my family and any of my heirs, assigns whole or personal representatives and is governed in part by the laws negligence of the State of Illinoisa Released Party, but not gross negligence or intentionally wrongful conduct.

Appears in 1 contract

Samples: P Articipation Agreement

Assumption of Risks. I understand and acknowledge that each participant chooses the level of participation they will give to the Activity and has the right and responsibility to limit their participation in the Activity if they have safety or other concerns. I understand that Loyola has not assessed my skill or fitness level prior to my participation in the Activity. I understand operation of a tractor and acknowledge that participating in the Activity related equipment, by its very nature, carries with it certain inherent dangers and hazards which risks that cannot be totally eliminatedeliminated regardless of the care taken to avoid injuries and/or illness. I am aware of the risks of participation, which could result in serious bodily injury, illness or disease, including permanent disability, paralysis or death. I further understand that those risks may include, but are not limited to, inclement weather; loss minor injury, such as bruises, contusions, broken bones, concussion, and catastrophic injuries, such as paralysis and even death. I understand that University of Wisconsin Division of Extension and Xxxxxx School District have advised me to seek the advice of my physician before participating in the above-listed activity. I acknowledge that I have been advised to have health and accident insurance in effect and that no such coverage is provided for me by the University of Wisconsin Division of Extension, the Board of Regents of the University of Wisconsin System, Extension Xxxxxx County and Xxxxxx School District (collectively, the “Releasees”). I know, understand, and appreciate the risks that are inherent in the above-listed activity. I hereby assert that my participation is voluntary and that I knowingly assume all such risks. Signature: Date: Signature of Parent or Guardian (If Participant is under 18): Date: Continued next page…. Hold Harmless, Indemnity and Release: In consideration of my participation in these activities, I, for myself, spouse, heirs, personal representatives, estate or assigns, agree to defend, hold harmless, indemnify and release the Releasees and their officers, employees, agents, and volunteers from and against any and all claims, demands, actions, or causes of action of any sort on account of damage to personal property; , personal injury or accidents resulting from outdoor activities or physical exertion; the environmental risks described above; other unforeseeable acts of nature; physical contact with others; and the emotional effects of being in perceived risk. I understand that if I choose to participate in the Activity, I voluntarily assume all risks associated with such participation. General Release. I am aware that by signing this Agreement and participating in the Activity, I am waiving and releasing all claims arising out of such participation. In consideration for my voluntary participation in the Activity, including but not limited to the use of the Facilities, (a) I hereby assume all risks of injury, loss and damage that or death which may result from my participation in the Activity; and (b) I agree to waiveabove-listed activity. This release includes claims based on the negligence of the Releasees, indemnify, hold harmless, release and discharge Loyola, its affiliates and subsidiaries and their respective trustees, officers, employees, representatives, agents, and volunteers, successors but expressly does not include claims based on their intentional misconduct or recklessness. I understand that by agreeing to this clause I am releasing claims and assigns giving up substantial rights, including my right to xxx and I hereby waive the right that I have to bargain for a different waiver of liability terms. Signature: Date: Signature of Parent or Guardian (“Releasees”) from any and all actions, causes of action, suits, claims, damages and expenses whatsoever for any injury, loss, damage, accident, inconvenience or expense, present or future, relating to or arising from my voluntary participation in the Activity. It If Participant is my express intent that this Agreement binds the members of my family and any of my heirs, assigns or personal representatives and is governed by the laws of the State of Illinois.under 18): Date:

Appears in 1 contract

Samples: Tractor Safety Activity Waiver

Assumption of Risks. If I understand am an adult Participant or parent, I hereby acknowledge the risks described above and acknowledge their inherency, and that each participant chooses other risks, known and unknown, inherent and otherwise, may be encountered. I expressly accept and assume all the level risks, known and unknown, inherent or not, and whether or not described above, of participation they will give to the Activity and has the right and responsibility to limit their enrolment or participation in an amusement or activity of the Activity if they have safety or other concerns. I understand that Loyola has not assessed my skill or fitness level prior to my participation in the Activity. I understand and acknowledge that participating in the Activity carries certain inherent dangers and hazards which cannot be totally eliminatedgym, which could result in serious bodily injury, illness or disease, including permanent disability, paralysis or death. I further understand that those risks may include, but are not limited to, inclement weather; loss or damage to personal property; personal injury or accidents resulting from outdoor activities or physical exertion; the environmental risks described above; other unforeseeable acts of nature; physical contact with others; and the emotional effects of being in perceived risk. I understand that if I choose to participate in the Activity, I voluntarily assume all risks associated with such participation. General Release. I am aware that by signing this Agreement and participating in the Activity, I am waiving and releasing all claims arising out of such participation. In consideration for my voluntary participation in the Activity, including but not limited to the use of its equipment and facilities, or otherwise moving about the Facilitiespremises of the gym and remote sites and transportation to or walking to activity sites. If I am the parent of a minor Participant, I have discussed the activities, responsibilities and risks with the minor child who understands and accepts them, and I, to the fullest extent permitted by law, accept them on behalf of such minor child. R xxxxxx and Indemnity I, an adult Participant or parent (a) I parent agreeing for himself or herself and on behalf of a minor child or xxxx who is a Participant), to the maximum extent allowed by law hereby assume all risks of injury, loss and damage that may result from my participation in the Activity; and (b) I agree to waive, indemnify, hold harmless, release and discharge Loyola, its affiliates each and subsidiaries every entity or company that owns and/or operates gyms and climbing centers under the “Central Rock Gym” name and their respective trusteesowners, officers, employees, representatives, agents, volunteersrepresentatives, successors and assigns (collectively, ReleaseesReleased Parties”) from all claims, liabilities, damages and losses asserted by or on behalf of me or the minor Participant in any way arising from or connected with my, or the minor’s, enrollment or participation in an activity of the gym, the use of its equipment and facilities, or otherwise moving about the premises of the gym and remote sites and transportation to or walking to activity sites. I understand that in signing this Agreement, I surrender my, and the child’s, right to make a claim or file a lawsuit against a Released Party for personal injury, property damage, wrongful death, products liability or under any other theory, to the maximum extent allowed by law. I further agree to hold harmless and indemnify (that is, defend and either pay or reimburse) the gym and the other Released Parties from any claim and from any liability, loss, damages or expenses (including attorneys’ fees) resulting from 1) a claim brought by a co-Participant, rescuer or any other person for loss or damage caused by my, or the minor Participant’s, acts or omissions; and 2) a claim brought by any member of my or my minor child’s family in any way arising out of my or the minor’s enrollment or participation in an activity of the gym, the use of its equipment and facilities, or otherwise moving about the premises of the gym and remote sites and transportation to or walking to activity sites. These agreements of release and indemnity include loss, damage or expense claimed to have been caused in whole or in part by the negligence of a Released Party, but not gross negligence or intentionally wrongful conduct. A dditional Provisions If I am an adult Participant or parent, I acknowledge and agree to the following additional provisions: M edical: The gyms do not have medical personnel or treatment available to Participants or visitors. I hereby authorize and grant permission to the gym to secure emergency medical treatment for me or, if my minor child or xxxx is the Participant, for the child. Neither I nor the child has any emotional or physical condition which would cause me, him or her to be a danger to ourselves or to others. I am, or the child is, covered by medical health insurance sufficient to provide for any medical costs that may be incurred, and in any event I agree to be responsible for such costs. M edia Release: I consent to the reproduction and use by the gym of photographs, videos and other images and sound recordings of me, or the minor, without compensation, for advertising or other purposes in any and all actions, causes of action, suits, claims, damages media now existing or hereafter developed. I release the gym and expenses whatsoever other Released Parties from liability for any injuryviolation of any personal and/or proprietary right I or the child may have in connection with such reproduction or use. D ispute Resolution: I, lossfor myself and for the child, damageagree to engage in good faith efforts to mediate any dispute that might arise between me or the minor child and a Released Party. Should the issue not be resolved by mediation, accidentI agree that all disputes, inconvenience controversies, or expense, present or future, relating claims between the parties will be submitted to or arising from my voluntary participation binding arbitration in accordance with the Activityapplicable rules of the American Arbitration Association then in effect. It is my express intent I agree that the interpretation of this Agreement binds the members of my family and that any of my heirs, assigns dispute between a Released Party and a participant or personal representatives and is Parent will be governed by the substantive laws (not including laws which might apply the laws of another jurisdiction) of the State state or commonwealth where the gym is located from whose activities, including remote climbing, the claim arose. Any mediation or arbitration shall take place only in that state or commonwealth, and in the County in which the gym is located or in the next nearest county in which a court of Illinois.competent jurisdiction is located. This Agreement, which consists of this and the previous page (obverse), will apply to my, and the child’s (if applicable), participation in activities at all the gyms identified above, for the current and for all future visits, until cancelled in writing by me or until it expires pursuant to the provisions of applicable law in the applicable state or commonwealth. I have carefully read, understand and voluntarily sign this Agreement and acknowledge that it shall be effective and binding upon me, my minor child or xxxx who is a Participant, and my, or the child’s, family, heirs, executors, administrators and representatives. I agree that the terms of this Agreement are to be as broad and inclusive as is permitted by applicable law and that if any portion of this Agreement is held by a court of competent jurisdiction to be invalid, the balance of this Agreement shall continue in full force and effect. Participant Signature Date Participant Name (printed) (18 years or older must sign) Parent(s) or Guardian(s) must sign below for any participating minor (those under 18 years of age) and agree that they are subject to all the terms of this Agreement, including, without limitation, the Release and Indemnity section set forth above. Parent Signature Date Parent/Guardian Name (printed)

Appears in 1 contract

Samples: P Articipation Agreement

Assumption of Risks. I understand voluntarily and acknowledge that each participant chooses knowingly agree to use the level of participation they will give to the Activity and has the right and responsibility to limit their participation Facilities in the Activity if they have safety or other concerns. I understand that Loyola has not assessed my skill or fitness level prior to my participation in the Activity. I understand and acknowledge that connection with viewing and/or participating in the Activity carries certain inherent dangers and hazards which cannot be totally eliminated, which could result in serious bodily injury, illness or disease, including permanent disability, paralysis or death. I further understand activities that those risks may includeinvolve, but are not limited toto training, inclement weather; loss or damage to personal property; personal injury or accidents resulting from outdoor activities or physical exertion; the environmental risks described above; other unforeseeable acts of nature; physical contact with others; and the emotional effects of being in perceived risktests, trials, educational activities, land-facilities-equipment stewardship, fund-raising, social events, etc. I understand acknowledge that if I choose to participate in any activities at the ActivityFacilities may be hazardous and unpredictable, I voluntarily assume all risks associated with such participation. General Releaseand while Xxxxx-Xxxxxx strives for safety, it is not infallible. I am aware that of the inherent risks and dangers involved, including the following: (a) Exposure to my dogs and dogs belonging to others, particularly the unpredictable nature of dogs; (b) motor vehicle and road hazards at the facilities; (c) accommodation and facility hazards; (d) forces of nature, foreseen or unforeseen, including inclement weather and temperatures, hazardous animals and plants, steep and treacherous terrain, bodies of water, and other natural occurrences; (e) injuries and/or illnesses, physical and/or mental, permanent disability, dismemberment, and death, caused by signing this Agreement and any foreseeable and/or unforeseeable factors; (f) other users participating in the Activity, I am waiving similar activities acting dangerously or in a manner putting me at risk; (g) my own actions putting me at risk; (h) equipment failure; (i) activities and releasing all claims arising out services provided by third-parties; (j) epidemics and pandemics; and (k) acts or omissions of such participation. In consideration for my voluntary participation in the ActivityXxxxx-Xxxxxx, including but not limited facilities maintenance, scheduling, and other services related to the Facilities, if any. I acknowledge that the above list is only a fraction of possibilities of what may occur during use of the Facilities, (a) and that a full list would be impossible to ascertain. I hereby assume all risks have reviewed the above and considered my own capabilities and limitations, the Facilities, the risks, the physical and mental demands, and concluded that I am physically and emotionally able to participate. In spite of injurythe inherent risks, loss and damage that may result from my participation in the Activity; and (b) I agree to waive, indemnify, hold harmless, release be responsible for my own welfare and discharge Loyola, its affiliates and subsidiaries and their respective trustees, officers, employees, representatives, agents, volunteers, successors and assigns (“Releasees”) from accept any and all actions, causes of action, suits, claims, damages and expenses whatsoever for any injury, loss, damage, accident, inconvenience or expense, present or future, relating to or arising from my voluntary participation in the Activity. It is my express intent that this Agreement binds the members of my family and any of my heirs, assigns or personal representatives and is governed by the laws of the State of Illinoisrisks.

Appears in 1 contract

Samples: Release of Liability Agreement

Assumption of Risks. I understand that not all risks can be foreseen and acknowledge that each participant chooses the level of participation they will give to the Activity and has the right and responsibility to limit their participation in the Activity if they have safety or other concernsthere are some risks which are unpredictable. I understand that Loyola has not assessed my skill or fitness level prior to my participation in the Activity. I understand and acknowledge that participating in the Activity carries certain inherent dangers and hazards which risks that cannot be totally eliminatedeliminated regardless of the care taken to avoid injuries. I am aware of the risks of participation, which could result in serious bodily injury, illness or disease, including permanent disability, paralysis or death. I further understand that those risks may include, but are not limited to, inclement weather; loss the possibility of physical injury, fatigue, bruises, contusions, broken bones, concussion, paralysis, and even death. I understand that Arrowhead has advised me to seek the advice of my physician before participating in the Arrowhead Target Wellness Challenge Ropes Course & Indoor Climbing Wall Program. I understand that I have been advised to have health and accident insurance in effect and that no such coverage is provided for me by Arrowhead High School or the State of Wisconsin. I know, understand, and appreciate the risks that are inherent in the above-listed programs and activities. I hereby assert that my participation is voluntary and that I knowingly assume all such risks. Signature: _________________________________________________ Date:______________________ Signature of Parent or Guardian: __________________________________Date:______________________ Hold Harmless, Indemnity, and Release: In consideration of my participation in these activities, I, for myself, spouse, heirs, personal representatives, estate or assigns, agree to defend, hold harmless, indemnify and release Arrowhead Union High School, and their officers, employees, agents, volunteers, and all others who are involved, from and against any and all claims, demands, actions, or causes of action of any sort on account of damage to personal property; , or personal injury or accidents resulting from outdoor activities or physical exertion; the environmental risks described above; other unforeseeable acts of nature; physical contact with others; and the emotional effects of being in perceived risk. I understand that if I choose to participate in the Activity, I voluntarily assume all risks associated with such participation. General Release. I am aware that by signing this Agreement and participating in the Activity, I am waiving and releasing all claims arising out of such participation. In consideration for my voluntary participation in the Activity, including but not limited to the use of the Facilities, (a) I hereby assume all risks of injury, loss and damage that or death which may result from my participation in the Activity; and (b) I agree to waiveabove-listed program. This release includes claims based on the negligence of Arrowhead Union High School, indemnify, hold harmless, release and discharge Loyola, its affiliates and subsidiaries and their respective trustees, officers, employees, representatives, agents, and volunteers, successors but expressly does not include claims based on their intentional misconduct or gross negligence. I understand that by agreeing to this clause I am releasing claims and assigns (“Releasees”) from any and all actionsgiving up substantial rights, causes including my right to xxx. Signature: _________________________________________________ Date:______________________ Signature of action, suits, claims, damages and expenses whatsoever for any injury, loss, damage, accident, inconvenience Parent or expense, present or future, relating to or arising from my voluntary participation in the Activity. It is my express intent that this Agreement binds the members of my family and any of my heirs, assigns or personal representatives and is governed by the laws of the State of Illinois.Guardian: __________________________________Date:______________________

Appears in 1 contract

Samples: www.arrowheadschools.org

Assumption of Risks. On behalf of my child, I understand acknowledge and assume all risks of the activities of Glorieta 2.0, wherever they may take place, and all risks of my child being on and moving about the premises of Glorieta 2.0 and any other sites of its activities. On behalf of my child, I acknowledge that each participant chooses and assume all risks whether or not the level of participation they will give to the Activity and particular risk has the right and responsibility to limit their participation been described in the Activity if they have safety paragraph above and whether or other concernsnot the particular risk is inherent in the activities undertaken or the premises. I understand that Loyola has not assessed my skill or fitness level prior have explained the risks to my participation in the Activity. I understand child and acknowledge that participating in the Activity carries certain inherent dangers my child understands them and hazards which cannot be totally eliminated, which could result in serious bodily injury, illness or disease, including permanent disability, paralysis or death. I further understand that those risks may include, but are not limited to, inclement weather; loss or damage to personal property; personal injury or accidents resulting from outdoor activities or physical exertion; the environmental risks described above; other unforeseeable acts of nature; physical contact with others; and the emotional effects of being in perceived risk. I understand that if I choose chooses to participate in the Activityactivities and use the Camp and other facilities and premises in spite of such risks. RELEASE: ON BEHALF OF MY CHILD, I voluntarily assume all risks associated with such participationAGREE TO WAIVE, RELEASE, AND NOT TO SUE GLORIETA 2.0, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS, AND STAFF (EMPLOYEES AND VOLUNTEERS) (“RELEASED PARTIES”) FOR ANY PROPERTY LOSS, PERSONAL OR BODILY INJURY, OR DEATH SUFFERED BY MY CHILD THAT IS IN ANY WAY RELATED TO HIS OR HER ENROLLMENT OR PARTICPATION IN ANY ACTIVITIES OF GLORIETA 2.0 OR HIS OR HER PRESENCE ON THE PREMISES OF GLORIETA 2.0 OR ANY OTHER ACTIVITY SITE. General Release. I am aware that by signing this Agreement and participating in the ActivityInitials PARTICIPANT AGREEEMENT Page 2 Indemnity: On behalf of my child, I am waiving further agree to indemnify and releasing all claims arising out hold harmless (that is, to protect and defend, and pay demands and judgments, including costs and reasonable attorneys’ fees) the Released Parties from any claim of such participation. In consideration for property loss, personal or bodily injury, or death suffered by my voluntary child that is in any way related to his or her enrollment or participation in any activities of Glorieta 2.0 or my child’s presence on the Activitypremises of Glorieta 2.0 or any other activity site. THESE AGREEEMENTS OF RELEASE AND INDEMNITY INCLUDE CLAIMS OF NEGLIGENCE BY ANY RELEASED PARTY BUT NOT CLAIMS OF RECKLESSNESS OR INTENTIONALLY WRONGFUL CONDUCT. Other: · On behalf of my child, including but not limited to the use of the Facilities, (a) I hereby assume all risks of injury, loss and damage that may result from my participation in the Activity; and (b) I agree to waive, indemnify, hold harmless, release the terms of this Participant Agreement and discharge Loyola, its affiliates agree that the protections it provides to the released and subsidiaries indemnified parties are intended to be as broad and their respective trustees, officers, employees, representatives, agents, volunteers, successors and assigns (“Releasees”) from inclusive as permitted by New Mexico law. · I hereby consent to Glorieta 2.0 taking or using any and all actions, causes of action, suits, claims, damages and expenses whatsoever for any injury, loss, damage, accident, inconvenience or expense, present or future, relating to or arising from my voluntary participation in the Activity. It is my express intent that this Agreement binds the members photographs of my family and child or recording my child, whether audio or video, while he or she is on the premises of Glorieta 2.0 or any other activity site. I agree that Glorieta 2.0 may use any such photographs or recordings of my heirschild without providing any compensation or remuneration. · Glorieta 2.0 is authorized to provide or obtain medical care for my child, assigns as it deems appropriate or personal representatives necessary, and to exchange medical information about my child with any third-party care providers. · To the extent a claim asserted by me or my child against a Released Party is governed dismissed or deemed by a court of competent jurisdiction to be without merit, I agree that the Released Party may recover from me or my child his or her costs, including reasonable attorneys’ fees, incurred in defending the claim. · I acknowledge and agree that any suit that I or my child brings against a Released Party shall be brought exclusively in Santa Fe County, New Mexico, and that the laws applicable thereto shall be those of the State of Illinois.New Mexico without regard to any conflict of law principles. · This Participant Agreement may be amended only by a written instrument signed by a duly authorized representative of Glorieta 2.0. · Should a court of competent jurisdiction find any provision of this Participant Agreement to be invalid, illegal, or unenforceable, on behalf of my child, I agree that the remainder of this Participant Agreement shall nevertheless remain in full force and effect. · I acknowledge and agree that this Agreement is intended to be binding upon me and my child and my child’s heirs, estate, executors, guardians, administrators, legal representatives, and assigns. Signature: Printed Name:

Appears in 1 contract

Samples: Participant Agreement

Assumption of Risks. I understand and acknowledge that each participant chooses That participating in Field Trips carries some risks, which can be mitigated by prudence, but which might nevertheless materialize in potentially harmful ways, including but not limited to: Damage or vandalism to, or theft or loss of personal property; Injuries or even death resulting from motor vehicle accidents occurring during travel to, at, or from the level of participation they will give Field Trip sites; [list other significant risks specific to the Activity Field Trips, e.g. musculo-skeletal injuries, injuries to external and has internal organs, concussions, paralysis resulting from damage to the right spinal cord or nerves, abrasions, bruises, blisters or cuts in consequence of slips or falls or collisions or from equipment failure/misuse or other mishaps; exposure to biting and responsibility stinging insects and potentially dangerous animals, such as bears, wolves, and large ungulates – consult Director of Risk Management if necessary]; An increased load on the heart due to limit their physical exertion, which may result in dizziness, shortness of breath and, in extreme circumstances, may result in a heart attack. I freely accept and fully assume all such risks, dangers and hazards and the possibility of personal injury, illness, death, property damage or loss, resulting therefrom. _____________ (Initial here that you have read and understood paragraph 1) Other That I will comply with all instructions of the Field Trip instructor(s) respecting each Field Trip, and that my failure to do so may result in my immediate dismissal from a Field Trip without compensation; _____________ (Initial here that you have read and understood paragraph 2) That I am in good health and physical condition, such that I will not be overtaxed by the physical demands of any Field Trip; _____________ (Initial here that you have read and understood paragraph 3) That if I suffer from allergies and/or disabilities that could in any way affect my full participation in the Activity Field Trips or pose risks to myself and/or others, it is my responsibility to inform the Field Trip instructor(s) confidentially but fully about them well in advance of the Field Trips; _____________ (Initial here that you have read and understood paragraph 4) That, if they I need to be considered for accommodation for disabilities on any Field Trip, I must first comply fully with the University’s Accommodations for Students with Disabilities Policy and its related Procedures; _____________ (Initial here that you have safety or other concernsread and understood paragraph 5) That I am responsible for looking after and ensuring that I have a sufficient supply of all my prescribed medications (for example, epipens) for every Field Trip and that I alone am responsible for administering them. _____________ (Initial here that you have read and understood paragraph 6) That, because the Field Trips are being undertaken in association with a University course in which I am registered, my conduct will be subject to the University’s Student Code of Conduct policies (the “Code”) at all times during the Field Trips. Accordingly I understand that Loyola has not assessed my skill or fitness level prior to my participation any misconduct in which I engage during the Activity. I understand and acknowledge that participating in the Activity carries certain inherent dangers and hazards which cannot be totally eliminated, which could result in serious bodily injury, illness or disease, including permanent disability, paralysis or death. I further understand that those risks may include, but are not limited to, inclement weather; loss or damage to personal property; personal injury or accidents resulting from outdoor activities or physical exertion; the environmental risks described above; other unforeseeable acts of nature; physical contact with others; and the emotional effects of being in perceived risk. I understand that if I choose to participate in the Activity, I voluntarily assume all risks associated with such participation. General Release. I am aware that by signing this Agreement and participating in the Activity, I am waiving and releasing all claims arising out of such participation. In consideration for my voluntary participation in the ActivityField Trips, including but not limited to abuse of alcohol or drugs, may be prosecuted under the use of the FacilitiesCode. ________ (Initial here that you have read and understood paragraph 7) That it is my responsibility to ensure that I have adequate medical, (a) I hereby assume all risks of injurypersonal health, loss and damage that may result from my participation in the Activity; and (b) I agree to waive, indemnify, hold harmless, release and discharge Loyola, its affiliates and subsidiaries and their respective trustees, officers, employees, representatives, agents, volunteers, successors and assigns (“Releasees”) from any and all actions, causes of action, suits, claims, damages and expenses whatsoever for any injury, loss, damagedental, accident, inconvenience or expenseand property insurance coverage, present or futureas well as supporting documentation (e.g. OHIP, relating to or arising from my voluntary participation Green Shield Cards), for all portions of the Field Trips, including coverage for physiotherapy and durable medical equipment (“DME”) for injuries that I may sustain while participating in the ActivityField Trips; ____________ (Initial here that you have read and understood paragraph 8) That, apart from the services that the Field Trip organizers have expressly indicated in writing that they will provide me, and apart from the fees that I have paid to the said organizers for the said services, all travel arrangements and expenses related to the Field Trips are my responsibility. It ____________ (Initial here that you have read and understood paragraph 9) That the University will be under no obligation to do or pay anything on my behalf or reimburse me should I fail to comply with any of the Field Trips’ travel and other arrangements or with any of the terms of this Agreement; ____________ (Initial here that you have read and understood paragraph 10) That it is my express intent responsibility to ensure that I have proper equipment and clothing for the Field Trips; ________ (Initial here that you have read and understood paragraph 11) That, in the event of any illness or injury or other form of incapacity that I may suffer during any Field Trip, or of my unexplained or otherwise suspicious disappearance from any Field Trip, I hereby authorize the University and/or Field Trip instructor(s) to secure such advice and services, including medical and/or emergency advice and services, as they in their sole discretion may deem necessary for my health and safety and I shall be financially responsible for such advice and services; and collect, use, and disclose all my personal information, including my personal health information, that they in their sole discretion may deem necessary under the circumstances for my health and safety; ____________ (Initial here that you have read and understood paragraph 12) That the Field Trip instructor(s) and/or the University may make visual and/or audio recordings of me and may use these recordings solely for educational or promotional purposes in relation to the Field Trips, [Course Name & Number], the University, and/or any unit of the University in perpetuity without compensation. ____________ (Initial here that you have read and understood paragraph 13) That, once signed, this Agreement binds may be copied and preserved by the members of my family University in electronic format, and any of that each such electronic University copy shall be deemed to be an original. That this Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives in the event of my death or personal representatives incapacity; That this Agreement and is any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the State Province of IllinoisOntario and no other jurisdiction, and any litigation related in any way to this Agreement and/or Field Trips shall be brought solely within the Province of Ontario and shall be within the exclusive jurisdiction of the Courts of the Province of Ontario. I HAVE READ AND UNDERSTOOD AND INTEND TO BE BOUND BY THIS AGREEMENT IN ITS ENTIRETY. I EXECUTE THIS AGREEMENT VOLUNTARILY. Signed this _____________ day of ____________________________, 2_________ _______________________________________ _________________________________________ SIGNATURE OF PARTICIPANT SIGNATURE OF WITNESS *************************************************************************** Endorsement of Parent/Guardian if Participant is under 18 Years of Age: As parent/guardian of the Participant, with full legal care, custody, and control of the Participant, I have read and understood, and I approve of and agree to, all aspects of this Agreement initialed and signed by the Participant as though I initialed and signed the Agreement myself, as confirmed by my signature below: ____________________________________ ___________________________________________ SIGNATURE OF PARENT/GUARDIAN SIGNATURE OF WITNESS ____________________________________ DATE This Agreement must be completed in full, initialled where required, signed and dated before the Participant may have any involvement in Field Trips. Personal information on this form is collected under the authority of sections 3, 12, and 14 of the Lakehead University Act and will be used for the administration and operation of Field Trips and for the defence of the University against any claims or litigation in any way related to Field Trips. It will be kept otherwise confidential. Any questions on this collection should be directed to: [Job title (NOT name)], [Department Name] Lakehead University, [TBay or Orillia campus address]; telephone: [departmental telephone number].

Appears in 1 contract

Samples: Informed Consent Agreement

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Assumption of Risks. I understand Swimming and acknowledge that each participant chooses the level of participation they will give to the Activity and has the right and responsibility to limit their participation in the Activity if they have safety or other concerns. I understand that Loyola has not assessed my skill or fitness level prior to my participation in the Activity. I understand and acknowledge that participating in the Activity carries physical activity, by its very nature, carry with it certain inherent dangers and hazards which risks that cannot be totally eliminatedeliminated regardless of the care taken to avoid injuries. The specific risks vary from one activity to another, which could result but the risks range from minor injuries such as scratches, bruises and sprains to catastrophic injuries resulting in serious bodily injury, illness or disease, including permanent disability, paralysis or death. I further understand know, understand, and appreciate that those these and other risks may include, but are not limited to, inclement weather; loss or damage to personal property; personal injury or accidents resulting from outdoor inherent in the activities or physical exertion; the environmental risks described above; other unforeseeable acts of nature; physical contact with others; and the emotional effects of being in perceived riskmade possible by BHSC. I understand hereby assert that if I choose to participate in the Activity, I voluntarily assume all risks associated with such participation. General Release. I am aware that by signing this Agreement and participating in the Activity, I am waiving and releasing all claims arising out of such participation. In consideration for my voluntary participation in the Activity, including but not limited to the use of the Facilities, (a) I hereby assume all risks of injury, loss and damage that may result from my participation in the Activity; these activities is voluntary, and (b) that I knowingly assume all such risks. Indemnification and Hold Harmless: I also agree to waive, indemnify, hold harmless, release and discharge Loyola, its affiliates and subsidiaries and their respective trustees, officers, employees, representatives, agents, volunteers, successors and assigns (“Releasees”) defend BHSC from any and all claims, actions, causes of action, suits, claimsprocedures, costs, expenses, damages and expenses whatsoever for liabilities, including attorney’s fees, which arise out of my membership or use of the property, facilities, staff, equipment or services of BHSC, or that arise out of such use by any injuryminor children of which I am the parent or guardian. Initial Rules and Regulations: I acknowledge that I have been provided with the Xxxxxxx Hills Swim & Tennis Club Rules and Regulations and Code of Conduct and Procedures. I agree that I, lossand any guests or minor children of which I am the parent or guardian, damagewill fully comply with all such Rules and Regulations and with all signage posted at the pool. Acknowledgment of Understanding: I have read this waiver of liability, accidentassumption of risk, inconvenience or expenseand indemnity agreement, present or futurefully understand its terms, relating and understand that I am giving up substantial rights, including my right to or arising from my voluntary participation in xxx. I acknowledge that I am signing the Activityagreement freely and voluntarily and intend to be a complete and unconditional waiver and release of all liability to the greatest extent allowed by law. It is my express intent I agree that this Agreement binds will be signed by all persons over the members age of my family 18, and any on behalf of my heirs, assigns all minor children of which I am the parent or personal representatives and is governed by the laws guardian. Name of the State of Illinois.child: Parent name (Print):

Appears in 1 contract

Samples: baldwinhillsswimclub.com

Assumption of Risks. Risks encountered by Visitors, climbing or simply moving about activity areas and the premises (including walkways, parking areas and lawn), may result in all manner of trauma including breaks, sprains, abrasions, serious injury and emotional upset and even death. I understand hereby acknowledge the risks described above and their inherency, and acknowledge that each participant chooses the level of participation they will give to the Activity other risks, inherent and has the right and responsibility to limit their participation in the Activity if they have safety or other concernsotherwise, may be encountered. I understand that Loyola has expressly assume all the risks of the Gym and its activities, indoors and out, inherent or not, and whether or not assessed my skill or fitness level prior to my participation in the Activity. I understand and acknowledge that participating in the Activity carries certain inherent dangers and hazards which cannot be totally eliminated, which could result in serious bodily injury, illness or disease, including permanent disability, paralysis or death. I further understand that those risks may include, but are not limited to, inclement weather; loss or damage to personal property; personal injury or accidents resulting from outdoor activities or physical exertion; the environmental risks described above; other unforeseeable acts of nature; physical contact with others; and the emotional effects of being in perceived risk. I understand that if I choose to participate in the Activity, I voluntarily assume all risks associated with such participation. General Release. If I am aware that by signing this Agreement and participating in the ActivityParent of a minor visitor, I am waiving fully informed of the nature of the activities and releasing all claims arising out of such participationrisks, I understand them and have discussed them with the minor child, who understands and accepts them. In consideration Release and Indemnity: I, an adult Visitor or Parent (Parent, for my voluntary participation in the Activitymyself and, including but not limited to the use of the Facilities, (a) I hereby assume all risks of injury, loss and damage that may result from my participation in the Activity; and (b) I agree to waive, indemnify, hold harmless, release and discharge Loyola, its affiliates and subsidiaries and their respective trustees, officers, employees, representatives, agents, volunteers, successors and assigns (“Releasees”) from any and all actions, causes of action, suits, claims, damages and expenses whatsoever for any injury, loss, damage, accident, inconvenience or expense, present or future, relating to or arising from my voluntary participation in the Activity. It is my express intent that this Agreement binds the members of my family and any of my heirs, assigns or personal representatives and is governed extent allowed by the laws of the State of IllinoisColorado, on behalf of the minor Visitor), agree to release and not to sue ABC For Kids, LLC, ABC For Kids II, LLC, and their respective owners, managers, members, officers and staff (“Released Parties”) with respect to any and all claims of injury, disability, death, products liability (including strict liability) or other loss or damage to person or property suffered by me or by the minor Visitor, arising in whole or part from my (or the minor Visitor’s) visit to the Gym or outdoor climbing sites, including transportation to and from those sites. In addition, I agree to indemnify (that is, defend and satisfy by payment or reimbursement, including costs and attorney’s fees) Released Parties from any and all claims of injury, disability, death, products liability (including strict liability) or other loss or damage to person or property, brought by me or by or on behalf of the minor Visitor, another Visitor to the Gym or other activity site, a member of my, or the minor Visitor’s, family, or anyone else, arising out of or in any way related to a loss suffered by me or the minor Visitor, or caused by me or the minor Visitor. These agreements of release and indemnity include loss or damage caused or claimed to be caused in whole or in part by the negligence of a Released Party, but not intentional wrongs or the gross negligence of a Released Party.

Appears in 1 contract

Samples: Gym Visitor Agreement

Assumption of Risks. I understand and acknowledge that each participant chooses the level of participation they will give to the Activity and has the right and responsibility to limit their participation in the Activity if they have safety or other concerns. I understand that Loyola has not assessed my skill or fitness level prior to my participation in the Activity. I understand and acknowledge that participating in the Activity carries certain inherent dangers and hazards which cannot be totally eliminated, which could result in serious bodily injury, illness or disease, including permanent disability, paralysis or death. I further understand that those risks may include, but are not limited to, inclement weather; loss or damage to personal property; personal injury or accidents resulting from outdoor activities or physical exertion; the environmental risks described above; other unforeseeable acts of nature; physical contact with others; and the emotional effects of being in perceived risk. I understand that if I choose to participate in the Activity, I voluntarily assume all risks associated with such participation. General Release. I am aware that by signing this Agreement the annual event involves many risks, dangers and participating in the Activity, I am waiving and releasing all claims arising out of such participation. In consideration for my voluntary participation in the Activity, hazards including but not limited to the use of the Facilities(tour name) Committee’s control. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, (a) DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTIING THEREFROM. RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT I hereby assume all risks of injury, loss freely and damage that may result from my participation in the Activity; and (b) I voluntarily agree to waiveindemnify and hold the organizing committee, indemnify, hold harmless, release and discharge Loyola, its affiliates and subsidiaries and their respective trusteesall the officials, officers, employees, representatives, agents, volunteers, successors agents and assigns (“Releasees”) employees harmless from any liability whatsoever from any and all actionsclaims, demands, actions or causes of actionaction for personal injury, suitsincluding death, claimsor property damage arising from or in any way connected to the High Goal event. This Agreement shall be effective and binding upon my heirs, damages next of kin, executors, administrators, assigns and expenses whatsoever representatives, in the event of my death or incapacity. This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by the interpreted solely in accordance with the laws of South Africa and no other jurisdiction; and Any litigation involving the parties to this Agreement shall be brought solely within the laws of South Africa and shall be within the exclusive jurisdiction of Durban Regional or High Court. In entering this Agreement I am not relying upon any oral or written representations or statements made by the Organizing Committee or its agents in respect to the safety of (tour name) other than what is set forth in this Agreement. The Polocrosse Association of South Africa does not have any medical insurance for any injury, loss, damage, accident, inconvenience or expense, present or future, relating to or arising from my voluntary participation in the Activityplayers. It is my express intent that this Agreement binds the members responsibility of my family and the player, the players parents or the players medical insurance to cover all costs of a medical emergency or in the case of any of my heirs, assigns or personal representatives and is governed treatment given by the laws medical team at the fields. If the player is transported by ambulance to the hospital, the cost of the State ambulance is for the players account. Initials_________________ I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM FULLY AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I AM OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES. Dated at ___________________________on this day ______of Illinois___________________ 2019.

Appears in 1 contract

Samples: Indemnity Agreement

Assumption of Risks. I understand Understanding, acknowledging and acknowledge that each participant chooses agreeing to all the level of participation they will give to the Activity and has the right and responsibility to limit their participation in the Activity if they have safety or other concerns. I understand that Loyola has not assessed my skill or fitness level prior to my participation in the Activity. I understand and acknowledge that participating in the Activity carries certain inherent dangers risks and hazards which cannot be totally eliminatedinvolved with the CrossFit Event, which could result in serious bodily injury, illness or disease, including permanent disability, paralysis or death. I further understand that those risks may include, but are not limited to, inclement weather; loss or damage to personal property; personal injury or accidents resulting from outdoor activities or physical exertion; the environmental risks described above; other unforeseeable acts of nature; physical contact with others; freely and the emotional effects of being in perceived risk. I understand that if I voluntarily choose to participate in the ActivityCrossFit Event, travel to, enter and use the Venue, and I HEREBY VOLUNTARILY AND EXPRESSLY AGREE TO ACCEPT AND ASSUME ALL RISK OF LOSS, DAMAGES, THEFT, INJURY OR DEATH THAT MAY OCCUR TO ME OR MY PROPERTY AS A RESULT OF OR INCIDENT TO MY PARTICIPATION IN THE CROSSFIT EVENT OR FROM ANY PRIZES THAT MAY BE AWARDED TO ME IN CONNECTION WITH THE CROSSFIT EVENT, INCLUDING THE RISK I MAY BE INJURED BY THE ACTIONS, OMISSIONS, REPRESENTATIONS OR NEGLIGENCE OF THE RELEASED PARTIES, OTHER PARTICIPANTS OR THIRD PARTIES WHILE PARTICIPATING IN THE CROSSFIT EVENT OR VISITING, TRAVELING TO OR FROM OR USING OR VISITING THE VENUE. I understand and agree that by agreeing to this Agreement, I voluntarily assume am assuming full responsibility for any and all risks associated risk of death, serious personal injury, temporary or permanent disability, or property loss and/or damage suffered by me or my property in connection with such participation. General Releasethe CrossFit Event whether or not described in this Agreement, known or unknown, inherent or otherwise, or while visiting, traveling to or using the Venue. I am aware understand and agree that by signing this Agreement will be binding on me, my spouse (or registered domestic partner), my guardians, the executors or administrators of my estate, my heirs, my personal representatives, my assigns, my successors in interest, my children, and any guardian ad litem for said children (collectively, the “Releasors”). I accept full and complete responsibility for the safety of myself, any guests, observers or other individuals who I have invited to the Venue, and property we have brought to the Venue, and I assume the risk of damage, theft, loss or injury caused by others to me, my guests and our property. I also accept full and complete responsibility for the consequences of taking unreasonable risks while participating in the CrossFit Event or using the Venue, including, without limitation, attempting activities that I am not qualified to perform safely, causing any other participants/ spectators an unreasonable risk of harm, or failing to follow correct safety procedures when using the Venue and participating in the Activity, I am waiving and releasing all claims arising out of such participation. In consideration for my voluntary participation in the Activity, including but not limited to the use of the Facilities, (a) I hereby assume all risks of injury, loss and damage that may result from my participation in the Activity; and (b) I agree to waive, indemnify, hold harmless, release and discharge Loyola, its affiliates and subsidiaries and their respective trustees, officers, employees, representatives, agents, volunteers, successors and assigns (“Releasees”) from any and all actions, causes of action, suits, claims, damages and expenses whatsoever for any injury, loss, damage, accident, inconvenience or expense, present or future, relating to or arising from my voluntary participation in the Activity. It is my express intent that this Agreement binds the members of my family and any of my heirs, assigns or personal representatives and is governed by the laws of the State of IllinoisCrossFit Event.

Appears in 1 contract

Samples: assets.crossfit.com

Assumption of Risks. I understand am aware that members of the COC acting as trip coordinators of activities, are not professional guides, or licensed first aid attendants and acknowledge that each participant chooses the level of participation they will give to the Activity and has the right and responsibility to limit their participation in the Activity if they have safety or other concernsare not responsible for my safety. I understand that Loyola has not assessed my skill COC outings may be hazardous and may include activities in rugged terrain in all extremes of weather, far from any professional or fitness level prior to my participation in the Activity. I understand and acknowledge that participating in the Activity carries certain inherent dangers and hazards which cannot be totally eliminated, which could result in serious bodily injury, illness or disease, including permanent disability, paralysis or death. I further understand that those risks may include, but are not limited to, inclement weather; loss or damage to personal property; personal injury or accidents resulting from outdoor activities or physical exertion; the environmental risks described above; other unforeseeable acts of nature; physical contact with others; and the emotional effects of being in perceived riskmedical services. I understand that if I choose to participate in the Activity, I voluntarily assume rescues may take more than 24 hours and all risks associated with such participation. General Releasemedical and rescue costs are my responsibility. I am aware understand that by signing this Agreement and participating in the ActivityI may be exposed to real risks of injury, I am waiving and releasing all claims arising out of heart attack or even death, from such participation. In consideration for my voluntary participation in the Activity, hazards or events including but not limited to falls, rock fall, icefalls, avalanches, lightning, river crossings, cold injuries, animal attack, and accidents while participating in COC activities and that I am voluntarily participating in the use COC activity with knowledge of the Facilitiesdangers involved. I acknowledge that the leaders cannot foresee all of the risks and hazards associated with participating in COC activities. I do hereby further declare myself to be physically fit and suffering from no condition, (a) I hereby assume all risks of injuryimpairment, loss and damage disease, or other illness that may result from would prevent or impair my participation in the Activity; event. I do acknowledge that I have been informed of the need for a physician’s approval for my participation in activities. I hereby confirm that I have had a physical examination and (b) been given my physician’s approval to participate, or that I have decided to participate in the activity without the approval of my physician and do hereby assume all responsibility for my participation and activities. I agree to waive, indemnify, hold harmless, release and discharge Loyola, its affiliates and subsidiaries and their respective trustees, officers, employees, representatives, agents, volunteers, successors and assigns (“Releasees”) from any and all actions, causes of action, suits, claims, damages and expenses whatsoever for any injury, loss, damage, accident, inconvenience or expense, present or future, relating to or arising from my voluntary participation in the Activity. It is my express intent that this Agreement binds Release shall be effective and binding upon me, the members of my family undersigned, and any of my heirs, assigns or next of kin, executors, administrators, personal representatives and is governed by the laws assigns. Event Information Name of the State Event: Date of Illinois.Event: Organizer: Participant Name: Signature: Participant Name: Signature: Participant Name: Signature: Participant Name: Signature: Participant Name: Signature: Participant Name: Signature:

Appears in 1 contract

Samples: Non Member Release

Assumption of Risks. I understand Participant acknowledges and acknowledge that each participant chooses the level of participation they will give to the Activity and has the right and responsibility to limit their participation agrees that: (a) certain risks are inherent in the Activity if they have safety or other concerns. I understand that Loyola has not assessed my skill or fitness level prior to my participation in the Activity. I understand and acknowledge that participating in the Activity carries certain inherent dangers and hazards which cannot be totally eliminatedActivities, which could result in serious bodily injury, illness or disease, including permanent disability, paralysis or death. I further understand that those risks may includeincluding, but are not limited to, inclement weathermoderate and severe personal injury, harm, death, disability, sickness or disease (including, without limitation, COVID 19 (defined below)), property damage and loss, and hazards of travel; loss (b) there may be other risks either not known or damage not readily foreseeable at this time; (c) injuries and damages can occur by natural causes or activities of other persons, animals, trip members, trip leaders and assistants or third parties, either as a result of negligence or because of other reasons; (d) risks of injuries and damages are involved in the Activities and Participant may have to personal propertyexercise extra care for Participant’s own person and for others around Participant in the face of such hazards; personal injury (e) rescue services and medical facilities or accidents resulting expertise necessary to deal with injuries and damages to which Participant may be exposed would involve significant delays in treatment and may not be available at all; (f) if Participant leaves the Activities early, does not complete the Activities as planned, or continues the Activities after the leader has terminated them, Participant assumes all risks inherent in those actions and waives all liability against the NCTA arising from outdoor activities or physical exertion; the environmental risks described above; other unforeseeable acts of nature; physical contact with othersthose actions; and (g) although NCTA may take safety measures to minimize the emotional effects risks to Participants and other persons, NCTA cannot ensure or guarantee that the Activities, equipment, trails, or any premises, structures, or environmental conditions involved in the Activities will be free from hazards, accidents, injuries or any of being in perceived riskthe forgoing risks. I understand that if I choose Participant represents and warrants that: (i) the Participant has been warned about and understands the risks involved; (ii) Participant is qualified and able to participate in the ActivityActivities; (iii) Participant voluntarily elects to participate in the Activities with knowledge of the risks; (iv) NCTA has not tried to contradict or minimize Participant’s understanding of these risks; and (v) Participant has full knowledge of the nature and extent of all such risks and is not relying on all such risks being described in this Agreement. Participant expressly, I voluntarily assume specifically, knowingly, and freely assumes, and accepts full responsibility for, all of the above risks. Participant further acknowledges the health risks and dangers associated with the transmission of COVID-19 and other communicable diseases and recognizes that exposure to COVID-19 or other communicable diseases could occur as part of the Activities. Participant fully assumes any and all of the risks associated with such participationCOVID-19 and the possibility of COVID-19 community spread. General Release. I am aware that by signing this Agreement Participant voluntarily waives, releases, and participating in the Activity, I am waiving and releasing all claims arising out of such participation. In consideration for my voluntary participation in the Activity, including but not limited agrees to the use of the Facilities, (a) I hereby assume all risks of injury, loss and damage that may result from my participation in the Activity; and (b) I agree to waive, indemnify, hold harmless, release indemnify and discharge Loyola, its affiliates and subsidiaries and their respective trustees, officers, employees, representatives, agents, volunteers, successors and assigns (“Releasees”) NCTA from any and all actionsliability, causes Damages (defined below), and each and every action arising from participation in any Activities including, but not limited to, any exposure to or transmission of actionCOVID-19. Participant further agrees to immediately notify NCTA and the above leader(s) if Participant tests positive for COVID-19 within 3 days of the conclusion of the above outing, suitsauthorizes NCTA to notify all participants in this outing of that condition, claimswaives and releases NCTA from any liability related to any and all health and privacy laws related thereto, damages and expenses whatsoever agrees to indemnify and defend NCTA for any injurysickness, loss, damage, accident, inconvenience disease or expense, present or future, relating to or arising from my voluntary participation in the Activity. It is my express intent that this Agreement binds the members of my family and any of my heirs, assigns or personal representatives and is governed death caused by the laws of the State of IllinoisParticipant.

Appears in 1 contract

Samples: northcountrytrail.org

Assumption of Risks. If I understand am an adult participant or Parent, I hereby acknowledge the risks described above and acknowledge their inherency, and that each other risks, known and unknown, inherent and otherwise, may be encountered. I expressly Assume all the risks, known and unknown, inherent or not, and whether or not described above, of enrollment or participation in an amusement or activity of the Operator, the participation in a tour, and activity at remote sites and transportation to or walking to activity sites. If I am the Parent of a minor participant, I have discussed the activities, responsibilities and risks with the minor child who understands and accepts them. Release and Indemnity I, an adult participant chooses the level or Parent (Parent agreeing for himself or herself and on behalf of participation they will give a minor child or xxxx who is a participant), to the Activity maximum extent allowed by law hereby agree to release and has discharge each and every entity or company that own or operate under the right “Blue Beta Tours” name (“Released Parties”) from all claims, liabilities and responsibility to limit their losses asserted by or on behalf of me or the minor participant in any way arising from or connected with my, or the minor’s, enrollment or participation in an activity of the Activity if they have safety Operator, the participation in a tour, or other concernsotherwise moving about the remote sites and transportation to or walking to activity sites. I understand that Loyola has not assessed in signing this document, I surrender my, and the child’s, right to make a claim or file a lawsuit against a Released Party for personal injury, property damage, wrongful death, products liability or any other theory, to the maximum extent allowed by law. I further agree to hold harmless and indemnify (that is, defend and pay or reimburse) the Operator and the other Released Parties from any claim and from any liability, loss, damages or expenses (including attorneys’ fees) resulting from 1) a claim brought by a co-participant, rescuer or any other person for loss or damage caused by my, or the minor participant’s, acts or omissions; and 2) a claim brought by any member of my skill or fitness level prior to my minor child’s family in any way arising out of my or the minor’s enrollment or participation in an activity of the ActivityOperator or otherwise moving about the activity sites and transportation to or walking to activity sites. These agreements of release and indemnity include loss, damage or expense claimed to have been caused in whole or in part by the negligence of a Released Parties, but not gross negligence or intentionally wrongful conduct. Additional Provisions If I am an adult participant or Parent, I acknowledge and agree to the following additional provisions: Medical: The Operator does not have medical personnel or treatment available to visitors. I hereby authorize and grant permission to the Operator to secure emergency medical treatment for myself or, if my minor child or xxxx is the participant, for the child. Neither I nor the child has any emotional or physical condition which would cause me, him or her to be a danger to ourselves or to others. I am, or the child is, covered by medical health insurance sufficient to provide for any medical costs that may be incurred, and in any event I agree to be responsible for such costs. Medical Release: I consent to the reproduction and use by the Operator of photographs, videos and other images and sound recordings of me, or the minor, without compensation, for advertising or other purposes. I release the Operator and other Released Parties from liability for any violation of any personal and/or proprietary right I or the child may have in connection with such reproduction or use. Dispute Resolution: I, for myself and for the child, agree to engage in good faith efforts to mediate any dispute that might arise between me or the minor child and the Released Parties. Should the issue not be resolved by mediation, I agree that all disputes, controversies, or claims between the parties will be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect I agree that any dispute between the Released Parties and the Participants or Parent will be governed by the substantive laws (not including laws which might apply the laws of another jurisdiction) of the State where the Operator is located. Any mediation or arbitration shall take place only in that state, and in the County in which the Operator is located or in the next nearest county in which a court of competent jurisdiction is located. This Agreement, which consists of this and the previous page, will apply to my, or the child’s, participation in activities identified above, for the current and for all future tours, until cancelled in writing by me or expired pursuant to the provisions of state law. I have carefully read, understand and voluntarily sign this Agreement and acknowledge that participating in it shall be effective and binding upon me, my minor child or xxxx who is a participant, and my, or the Activity carries certain inherent dangers child’s, family, heirs, executors, administrators and hazards which cannot be totally eliminated, which could result in serious bodily injury, illness or disease, including permanent disability, paralysis or deathrepresentatives. I further understand that those risks may include, but are not limited to, inclement weather; loss or damage to personal property; personal injury or accidents resulting from outdoor activities or physical exertion; the environmental risks described above; other unforeseeable acts of nature; physical contact with others; and the emotional effects of being in perceived risk. I understand agree that if I choose to participate in the Activity, I voluntarily assume all risks associated with such participation. General Release. I am aware that by signing any portion of this Agreement is held by a court of competent jurisdiction to be invalid, the balance of this Agreement shall continue in full force and participating in the Activity, I am waiving effect. [ ] Signature of Participant: (18 years and releasing all claims arising out of such participation. In consideration for my voluntary participation in the Activity, including but not limited to the use of the Facilities, (aolder must sign) I hereby assume all risks of injury, loss and damage that may result from my participation in the Activity; and (bParticipant Name: Date: Parent(s) I agree to waive, indemnify, hold harmless, release and discharge Loyola, its affiliates and subsidiaries and their respective trustees, officers, employees, representatives, agents, volunteers, successors and assigns (“Releasees”or Guardian(s) from any and all actions, causes of action, suits, claims, damages and expenses whatsoever must sign below for any injuryparticipating minor (those under 18 years of age) and agree that they are subject to all the terms of this Agreement, lossincluding, damagewithout limitation, accident, inconvenience the Indemnification paragraph set forth above. [ ] Signature of Parent(s) (or expense, present or future, relating to or arising from my voluntary participation in the Activity. It is my express intent that this Agreement binds the members of my family and any of my heirs, assigns or personal representatives and is governed by the laws of the State of Illinois.Legal Court Appointed Guardian)

Appears in 1 contract

Samples: Participation Agreement

Assumption of Risks. I understand and acknowledge that each participant chooses the level of participation they will give to the Activity and has the right and responsibility to limit their participation in this voluntary activity, by its very nature, carries with it certain inherent risks that cannot be eliminated regardless of the Activity if they have safety care taken to avoid injuries. The specific risks vary from one activity to another, but in each activity the risks range from: 1) minor injuries such as scratches, bruises, and sprains to 2) major injuries such as fractures, internal injuries, joint or other concernsback injuries, heart attacks, and concussions to 3) catastrophic injuries including paralysis and death. I understand that Loyola XXX CAMP has not assessed advised me to seek the advice of my skill or fitness level prior to my participation physician before participating in the Activitythis activity. I understand that I have been advised to have health and acknowledge accident insurance in effect and that participating no such coverage is provided for me by LWD CAMP. I know, understand, and appreciate the risks that are inherent in the Activity carries certain inherent dangers above-listed programs and hazards which cannot be totally eliminated, which could result in serious bodily injury, illness or disease, including permanent disability, paralysis or deathactivities. I further understand hereby assert that those risks may includemy participation is voluntary and that I knowingly assume all such risks. Signature: Date: Signature of Parent or Guardian (if Participant is Under 18) : Date: Hold Harmless, but are not limited toIndemnity and Release: In consideration of permission for me to voluntarily participate in , inclement weather; loss today and on all future dates, I, for myself, my heirs, personal representatives or assigns, agree to defend, hold harmless, indemnify and release the LWD CAMP, Let Women Decathlon, Heaven to the Yeah, and their officers, employees, agents, and volunteers, from and against any and all claims, demands, actions, or causes of action of any sort on account of damage to personal property; , or personal injury injury, or accidents resulting death which may result from outdoor activities my/my child’s participation in the above-listed program. This release includes claims based on the negligence of LWD CAMP, Let Women Decathlon, Heaven to the Yeah, and their officers, employees, agents, and volunteers, but expressly does not include claims based on their intentional misconduct or physical exertion; the environmental risks described above; other unforeseeable acts of nature; physical contact with others; and the emotional effects of being in perceived riskgross negligence. I understand that by agreeing to this clause I am releasing claims and giving up substantial rights, including my right to sue. Signature: Date: Signature of Parent or Guardian (if Participant is Under 18): Date: Consent for Emergency Treatment: I choose authorize LWD CAMP and its designated representatives to participate in consent, on my/my child’s behalf, to any emergency medical/hospital care or treatment to be rendered upon the Activity, I voluntarily assume all risks associated with such participation. General Releaseadvice of any licensed physician. I am aware that agree to be responsible for all necessary charges incurred by signing any hospitalization or treatment rendered pursuant to this Agreement authorization. Signature: Signature of Parent or Guardian (if Participant is Under 18): Medication: Date: Date: It is camp policy to secure your consent for medicine distribution and participating in medical devices, whether brought by your son, daughter, or xxxx is to be self administered or administered by the Activitycamp health supervisor. Therefore, I am waiving and releasing do you wish your son, daughter, or xxxx to be responsible for their own medication Yes No If NO, all claims arising out of such participation. In consideration for my voluntary participation in the Activity, including but not limited medications brought to the use of the Facilities, camp by a camper shall be: (a) I hereby assume all risks in containers which identify the medications and the name of injurythe camper, loss and damage that may result from my participation (B) kept in the Activity; a locked unit, and (bc) I agree to waive, indemnify, hold harmless, release and discharge Loyola, its affiliates and subsidiaries and their respective trustees, officers, employees, representatives, agents, volunteers, successors and assigns (“Releasees”) from any and all actions, causes of action, suits, claims, damages and expenses whatsoever for any injury, loss, damage, accident, inconvenience or expense, present or future, relating to or arising from my voluntary participation in the Activity. It is my express intent that this Agreement binds the members of my family and any of my heirs, assigns or personal representatives and is governed administered by the laws camp health staff as prescribed by a licensed physician with a record of treatment maintained. Signature: Signature of Parent or Guardian (if Participant is Under 18) Date: Date: *If your son, daughter or xxxx will be under 18 while participating in or through activities at LWD CAMP, it is our policy to request your agreement to the State above terms, on behalf of Illinois.your minor son, daughter or xxxx. YOUTH EVENT HEALTH FORM Event Name: Dates: Youth Name (include middle and last names): // Birth Date: Gender: Male. Female Ethnicity: Hispanic Non-Hispanic Race: African American Asian Other Prefer not to say Native American White Custodial Parent/Guardian (or spouse): Email Address: Phone Numbers: Home:

Appears in 1 contract

Samples: static1.squarespace.com

Assumption of Risks. If I understand am an adult Participant or parent, I hereby acknowledge the risks described above and acknowledge their inherency, and that each participant chooses other risks, known and unknown, inherent and otherwise, may be encountered. I expressly accept and assume all the level risks, known and unknown, inherent or not, and whether or not described above, of participation they will give to the Activity and has the right and responsibility to limit their enrolment or participation in an amusement or activity of the Activity if they have safety or other concerns. I understand that Loyola has not assessed my skill or fitness level prior to my participation in the Activity. I understand and acknowledge that participating in the Activity carries certain inherent dangers and hazards which cannot be totally eliminatedgym, which could result in serious bodily injury, illness or disease, including permanent disability, paralysis or death. I further understand that those risks may include, but are not limited to, inclement weather; loss or damage to personal property; personal injury or accidents resulting from outdoor activities or physical exertion; the environmental risks described above; other unforeseeable acts of nature; physical contact with others; and the emotional effects of being in perceived risk. I understand that if I choose to participate in the Activity, I voluntarily assume all risks associated with such participation. General Release. I am aware that by signing this Agreement and participating in the Activity, I am waiving and releasing all claims arising out of such participation. In consideration for my voluntary participation in the Activity, including but not limited to the use of its equipment and facilities, or otherwise moving about the Facilitiespremises of the gym and remote sites and transportation to or walking to activity sites. If I am the parent of a minor Participant, I have discussed the activities, responsibilities and risks with the minor child who understands and accepts them, and I, to the fullest extent permitted by law, accept them on behalf of such minor child. Release and Indemnity I, an adult Participant or parent (a) I parent agreeing for himself or herself and on behalf of a minor child or xxxx who is a Participant), to the maximum extent allowed by law hereby assume all risks of injury, loss and damage that may result from my participation in the Activity; and (b) I agree to waive, indemnify, hold harmless, release and discharge Loyola, its affiliates each and subsidiaries every entity or company that owns and/or operates gyms and climbing centers under the “Central Rock Gym” name and their respective trusteesowners, officers, employees, representatives, agents, volunteersrepresentatives, successors and assigns (collectively, ReleaseesReleased Parties”) from any and all actionsclaims, causes of action, suits, claimsliabilities, damages and expenses whatsoever losses asserted by or on behalf of me or the minor Participant in any way arising from or connected with my, or the minor’s, enrollment or participation in an activity of or related to the gym, the use of its equipment and facilities, or otherwise moving about the premises of the gym and remote sites and transportation to or walking to activity sites. I understand that in signing this Agreement, I surrender my, and the child’s, right to make a claim or file a lawsuit against a Released Party for personal injury, property damage, wrongful death, products liability or under any injuryother theory, to the maximum extent allowed by law. I further agree to hold harmless and indemnify (that is, defend and either pay or reimburse) the gym and the other Released Parties from any claim and from any liability, loss, damagedamages or expenses (including attorneys’ fees) resulting from 1) a claim brought by a co-Participant, accidentrescuer or any other person for loss or damage caused by my, inconvenience or expensethe minor Participant’s, present acts or futureomissions; and 2) a claim brought by any member of my or my minor child’s family in any way arising out of my or the minor’s enrollment or participation in an activity of or related to the gym, relating the use of its equipment and facilities, or otherwise moving about the premises of the gym and remote sites and transportation to or arising from my voluntary participation walking to activity sites. These agreements of release and indemnity include loss, damage or expense claimed to have been caused in the Activity. It is my express intent that this Agreement binds the members of my family and any of my heirs, assigns whole or personal representatives and is governed in part by the laws negligence of a Released Party, but not gross negligence or intentionally wrongful conduct. Additional Provisions If I am an adult Participant or parent, I acknowledge and agree to the State of Illinois.following additional provisions: Medical: The gyms do not have medical personnel or treatment available to Participants or visitors. I hereby authorize and grant permission to the gym to secure emergency medical treatment for me or, if my minor child or xxxx is the Participant, for the child. Neither I nor the child has any emotional or physical condition which would cause me, him or her to be a danger to ourselves or to others. I am, or the child is, covered by medical health insurance sufficient to provide for any medical costs that may be incurred, and in any event I agree to be responsible for such costs. I, for myself and my child, agree

Appears in 1 contract

Samples: Participation Agreement

Assumption of Risks. I understand The description of risks above is not intended to be complete and acknowledge that each participant chooses other risks may be encountered. The risks described and others, including the level possibility of participation they will give to negligence of other Visitors, staff, the Activity Company and/or its owners, affiliates, volunteers, contractors, equipment providers, and has the right and responsibility to limit their participation lessors are inherent in the Activity if activities that is, they have safety or other concernscannot be eliminated without destroying the essential nature and the social and instructional value of the activity. I understand that Loyola has not assessed my skill no amount of care, caution, instruction or fitness level prior to my participation expertise can eliminate the inherent dangers associated with these and other activities. Risks encountered by Visitors, in the Activity. I understand climbing gym and acknowledge that participating in the travelling to and moving about Outside Activity carries certain inherent dangers and hazards which cannot be totally eliminatedsites, which could may result in all manner of trauma including breaks, sprains, xxxxx, abrasions, serious bodily injury, illness or disease, including permanent disability, paralysis or injury and emotional trauma and even death. I further understand acknowledge that those Gym staff has been available to answer questions I may have. I have conducted a thorough visual inspection of the climbing gym and Outside Activity and equipment which I, or the Minor Visitor Child, will be using, have had the opportunity to review the Climbing Orientation and Gym Rules, and I, and the Minor Visitor Child, are aware of the risks may includeand hazards associated with the activities, but activity areas and equipment. I, an adult Visitor, or Parent, for myself and on behalf of a Minor Visitor Child, expressly assume ALL risks inherent and otherwise, and whether or not described above of enrollment or participation in an activity of the Gym. PROVIDED HOWEVER: If the injury or other loss occurs on U.S. Government lands (including certain National Parks and Forests) whose rules or regulations are determined as a matter of law to prohibit the assumption of ALL risks, this assumption extends to inherent risks only. I and the Minor Visitor Child have discussed the activities and risks, the Orientation and Rules, and the Minor Visitor Child understands them and chooses to participate nevertheless. Release and Indemnity If I am an adult Visitor or Parent (for myself and, to the extent allowed by the law, on behalf of the Minor Visitor Child) I agree to not limited tosue other Visitors, inclement weatherstaff, the Company and/or its owners, affiliates, volunteers, contractors, equipment providers, and lessors (“Released Parties”) with respect to any and all claims of illness, injury; disability, death, products liability (including strict liability), breach of warranty or other loss or damage to personal person or property suffered by me or by the Minor Visitor Child, arising in whole or part from my visit (or the visit of the Minor Visitor Child) to the Gym or travel to or from or visiting another activity site of the Gym. In addition, if I am an adult Visitor or Parent I agree to indemnify (that is, defend and satisfy by payment or reimbursement, including costs and attorney’s fees) Released Parties from any and all claims of illness, injury, disability, death, products liability (including strict liability) or other loss or damage to person or property; personal , brought by me or by or on behalf of the Minor Visitor Child, a co-participant in the activities, a rescuer, a member of my family, or the Minor Visitor Child, or anyone else, arising out of or in any way related to a loss suffered by me or the Minor Visitor Child, or caused by me or the Minor Visitor Child. These agreements of release and indemnity include loss or damage caused or claimed to be caused in whole or in part by the negligence (but not the gross negligence or intentionally wrongful conduct) of a Released Party. PROVIDED HOWEVER: this Visitor Agreement is of no force or effect if the injury or accidents resulting from outdoor activities other loss occurs on U.S. government lands (including certain National Parks and Forests) whose rules or physical exertion; the environmental risks described above; other unforeseeable acts regulations are determined as a matter of nature; physical contact with others; and the emotional effects of being in perceived risk. I understand that if I choose law to participate in the Activity, I voluntarily assume all risks associated with prohibit such participation. General Releasea release. I am aware that of and specifically waive the provisions of California Civil Code Section 1542, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by signing him must have materially affected his settlement with the debtor.” I am aware of and specifically waive the provisions of California Civil Code Section 1714, which provides in pertinent part as follows: “Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person.” Climbing Gym Rules Gym staff reserves the right in its sole discretion to refuse entry to, or to remove any Visitor and a Visitor’s Guests from, the gym or other activity site for any reason whatsoever. 24-hr access members must comply with the buddy policy when climbing outside of staffed/public access hours. The Gym is not responsible for the safekeeping, loss, theft or damage to the property of a Visitor or the Guest of a Visitor. Visitor must review and comply with the Climbing Orientation and Gym Rules and, if a Member the Membership Agreement, and any rules provided or posted at the gym or its website and shall be responsible for such and of Visitor’s Guests compliance with and observation of the same. Should Visitor or his/her Guest(s) damage or break any of the Gym’s equipment or property, Visitor shall be liable for the cost of repair or replacement of such equipment or the property. In the event on an emergency, the Gym is authorized to notify the person(s) listed under Xxxxxxx’s emergency contact information. All Visitors to the Gym (including Guests) must sign this Agreement. Visitor agrees to have his or her Guest(s) read and sign this Agreement before such Guest(s) are allowed to enter or participate in any activities at the Gym. If a Visitor’s Guest(s) during Member Hours fails to sign this Agreement, the Gym may revoke the Member’s membership benefits, and participating in the Activity, I am waiving Member agrees to indemnify and releasing all claims hold harmless the Gym (and other Released Parties identified above) against any claim arising out of such participation. In consideration for my voluntary participation in the Activity, including but not limited to the use of the Facilities, (a) I hereby assume all risks of injury, loss and damage that may result from my participation in the Activity; and (b) I agree to waive, indemnify, hold harmless, release and discharge Loyola, its affiliates and subsidiaries and their respective trustees, officers, employees, representatives, agents, volunteers, successors and assigns (“Releasees”) from any and all actionsinjuries, causes of actionclaims, suits, claimsattorney’s fees, and damages and expenses whatsoever for any injury, loss, damage, accident, inconvenience related to an injury or expense, present other loss suffered by or future, relating to or arising from my voluntary participation in the Activity. It is my express intent that this Agreement binds the members of my family and any of my heirs, assigns or personal representatives and is governed caused by the laws of the State of Illinoissuch Guest(s).

Appears in 1 contract

Samples: Release of Liability and Assumption

Assumption of Risks. I understand hereby acknowledge the risks described above and acknowledge their inherency, and that each other risks, inherent and otherwise, may be encountered. I expressly assume all the risks, inherent or not, and whether or not described above, of being a participant chooses ( as defined above) in gym activities, including the level use of participation they will give its equipment and facilities, or otherwise being on the premises of the gym or other activity site. If I am the Parent of a minor participant, I have discussed the activities, responsibilities, Rules and risks with the minor child who understands and accepts them. Release and Indemnity I, an adult participant or parent (parent agreeing for himself or herself and , to the Activity maximum extent allowed by law, on behalf of a minor child or xxxx who is a participant), hereby agree to release and has discharge Climbing Solutions, LLC (dba Summit Climbing Gym) and it owners, officers, directors, employees and volunteers (“Released Parties”) from all claims, liabilities and losses asserted by or on behalf of me or the right and responsibility to limit their minor participant in any way arising from or connected with my, or the minor’s, participation in an activity of the Activity if they have safety gym, the use of its equipment and facilities, or otherwise being on the premises of the gym or other concernsactivity sites. I understand that Loyola has not assessed in signing this document, I surrender my, and the child’s, right to make a claim or file a lawsuit against a Released Party for personal injury, property damage, wrongful death, products liability or any other theory, to the maximum extent allowed by law. I further agree to hold harmless and indemnify (that is, defend and pay or reimburse) the gym and the other Released Parties from any claim and from any liability, loss, damages or expenses (including attorneys’ fees) resulting from 1) a claim brought by a co-participant, rescuer or any other person for loss or damage caused by my, or the minor participant’s, acts or omissions; and 2) a claim brought by any member of my skill or fitness level prior to my minor child’s family in any way arising out of my or the minor’s enrollment or participation in an activity of the Activitygym, the use of its equipment and facilities, or otherwise moving about the premises of the gym and remote sites and transportation to or walking to activity sites. These agreements of release and indemnity include loss, damage or expense claimed to have been caused in whole or in part by the negligence of a Released Party, but not gross negligence or intentionally wrongful conduct. Additional Provisions I, an adult participant or Parent, acknowledge and agree to the following additional provisions: Medical: The gyms do not have medical personnel or treatment available to visitors. I hereby authorize and grant permission to the gym to secure emergency medical treatment for myself or, if my minor child or xxxx is the participant, for the child. Neither I nor he child has any emotional or physical condition which would cause me, him or her to be a danger to ourselves or to others. I have insurance sufficient to cover medical costs that may be incurred, and in any event I agree to be responsible for such costs. Media Release: I consent to the reproduction and use by the gym of photographs, videos and other images and sound recordings of me, or the minor, without compensation, for advertising or other purposes. I release the gym and other Released Parties from for any violation of any personal and/or proprietary right I or the child may have in connection with such representation or use. Dispute Resolution: I, for myself and for the child, agree to engage in good faith efforts to mediate any dispute that might arise between me or the minor child and a Released Party. Should the issue not be resolved by mediation, I agree that all disputes, controversies, or claims between the parties will be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect. I agree that any dispute between a Released Party and a participant or Parent will be governed by the substantive laws (not including laws which might apply the laws of another jurisdiction) of the State Texas. Any mediation or suit shall take place only in that state, and in Dallas County, Texas. This agreement will apply to my, or the child’s, participation in activities of the gym until and including January, 2015, unless earlier replaced or cancelled in writing. Turn Over I have carefully read, understand and voluntarily sign this Agreement and acknowledge that participating it shall be effective and binding upon me, my minor child or xxxx who is a participant, and my, or the child’s, family, heirs, executors, administrators and representatives. I agree that if any portion of this Agreement is held by a court of competent jurisdiction to be invalid, the balance of this Agreement shall continue in full force and effect. In deciding to be a participant, for myself and for the minor child, I have relied on no written or oral representations, statements or inducements other than those in this agreement. I accept the gym, facilities, equipment and portable wall and its sites “as is”. In deciding to become a participant in the Activity carries certain activities of the gym, I have not relied on any assurances of safety or other representations of any kind, by a representative of the gym. RULES For myself and for the minor child I agree to the following Rules: WARNING: Climbing has inherent dangers and hazards other risks which cannot be totally eliminated, which could can result in serious bodily injury, illness paralysis, or disease, including permanent disability, paralysis or even death. I further understand that those risks may include, but are not limited to, inclement weather; loss When you or damage to personal property; personal injury or accidents resulting from outdoor activities or physical exertion; the environmental risks described above; other unforeseeable acts of nature; physical contact with others; and the emotional effects of being minors in perceived risk. I understand that if I choose to your care participate in the Activityany activity at Summit, I you voluntarily assume all risks risk associated with such participationclimbing and related activities. General Release● No bouldering if under the age of 18 or are not a member. ● No one under 14 years of age may belay. ● No one under the age of 18 may use the fitness equipment. ● Parents or chaperones must be supervising their children at all times. No unsupervised drop-offs at any time. ● No jumping off structures. ● No running, rough-housing, horseplay or acrobatics. ● No yelling. ● No climbing while under the influence of drugs or alcohol. ● No food or drink on padding. ● Shirts must be worn at all times. ● Close toed shoes must be worn at all times while climbing. No barefoot climbing. ● Never stand, sit, or lie down beneath the walls where someone could fall on you. Be careful when walking under walls. Be vigilant, and watch for climbers. ● Never climb above, below, or near another climber. ● Do not top out any boulder problems. ● Beware of hazards, any sort of object on the ground can result in injury if fallen on. Move them before you climb. ● Beware or any route setting, or construction work, and steer clear of it. ● Everyone must have a completed waiver on file. Everyone under the age of 18 must have that waiver signed by a parent or other legal guardian. ● If you notice any problems or concern with any equipment, immediately notify the staff. ● Everyone must check-in at the front desk before using the facility. If you do not, you will be asked to leave. ● Before beginning any sort of fitness regimen, check with your physician, particularly if you have had any sort of heart problems or other medical conditions that prevent you from being active. We do not have a medic on staff to help. If you are injured, you must seek your own medical treatment. To be read and signed by parent/guardian* of a minor: I hereby state that I am the parent or guardian of the minor whose signature appears above. I am aware that by signing this Agreement familiar with and participating in the Activity, I am waiving and releasing all claims arising out of such participation. In consideration for my voluntary participation in the Activity, including but not limited consent to the use of the Facilities, (a) I hereby assume all risks of injury, loss terms and damage that may result from my participation provisions set forth in the Activity; and (b) I agree to waive, indemnify, hold harmless, release and discharge Loyola, its affiliates and subsidiaries and their respective trustees, officers, employees, representatives, agents, volunteers, successors and assigns (“Releasees”) from any and all actions, causes of action, suits, claims, damages and expenses whatsoever for any injury, loss, damage, accident, inconvenience or expense, present or future, relating to or arising from my voluntary participation in the Activity. It is my express intent that this Agreement binds the members of my family and any of my heirs, assigns or personal representatives and is governed by the laws of the State of Illinois.Release.‌

Appears in 1 contract

Samples: Visitor Agreement

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