We use cookies on our site to analyze traffic, enhance your experience, and provide you with tailored content.

For more information visit our privacy policy.

DAMAGE AND PERSONAL INJURY Sample Clauses

DAMAGE AND PERSONAL INJURY. (a) Members must sign the Conditions for Use before using the Facilities. (b) Members acknowledge and agree that they are using the Facilities at their own risk and that the use of the Facilities may involve risk of damage and injury, whether to the Members or to any other person. (c) To the extent permitted by law, AV shall not be held liable to the Members in tort, statute or in any other way for any injury, damage or loss of any kind whatsoever (including without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by the Members and/or any other person, or for any costs, charges or expenses incurred by the Members, arising from or in connection with this Agreement and/or the Facilities and the Gear unless such injury, damage or loss is caused as a result of the gross negligence of AV. (d) Members agree to indemnify and keep indemnified AV against all and any claims that may be made by the Members or any other person accompanying the Member at the Premises.
Sample 1Sample 2Sample 3See All (6)
DAMAGE AND PERSONAL INJURY. (a) The Applicant agrees that use of the Gym is solely at the Applicant’s own risk, and the Applicant uses the Gym and all associated facilities on an “as is where is” basis. (b) The Applicant warrants that they are physically and medically fit to undertake activities at the Gym and that they have sought advice from medical professional about their suitability to carry out activities at the Gym. (c) The Applicant acknowledges that there may be inherent dangers and high risk to persons and property posed by factors including but not limited to the following, and the Applicant understands and accepts those risks when using the Gym: (i) the nature of the Gym including any equipment; (ii) the condition of the Gym including any equipment; (iii) the presence of hard and/or uneven surfaces and the consequent risk of trips, slips and falls; (iv) the intentional, careless, reckless, or negligent acts and omissions of persons at the Gym, including persons not authorised to be there. (d) Council (including its employees, representatives, contractors, or any associated entity who performs services on behalf of Council) is not liable to the Applicant in contract, tort or otherwise whatsoever for any loss or damage (including consequential loss) to any person or property arising from occupation and use of the Gym by the Applicant or others, including but not limited for: (i) death, illness, or injury suffered at the Gym by the Applicant or any other person, howsoever caused; or (ii) loss or destruction of or damage to property at the Gym, howsoever arising. (e) The applicant indemnifies Council from and against any claim, damage, loss, or expense suffered by Council or others as a result of the use of the Gym by the Applicant.
Sample 1Sample 2Sample 3
DAMAGE AND PERSONAL INJURY. (a) The Member must sign the Liability Waiver Form before using the facilities provided by Ninja Academy at the Centre. (b) The Member acknowledges and agrees that the Member is using the facilities provided by Ninja Academy at the Centre at the Member’s own risks and that the use of the Centre may involve risk of injury, whether caused by the Member or another party. (c) The Member further acknowledges and agrees that there is no relationship of employer and employee between Ninja Academy and the Instructors at the Centre and that Ninja Academy shall not be liable in any way whatsoever to the Member for any acts or omissions of such Instructors. (d) To the extent permitted by law, Ninja Academy shall not be held liable to the Member in tort, statute or in any other way for any injury, damage or loss of any kind whatsoever (including without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by the Member and/or any other person, or for any costs, charges or expenses incurred by the Member, arising from or in connection with this Agreement and/or the equipment and facilities provided by Ninja Academy unless such injury, damage or loss is caused as a result of a negligent act or omission of Ninja Academy. (e) The Member indemnifies and keeps indemnified Ninja Academy against all and any claims that may be made by the Member or the Member on behalf of a Minor or any other non-Member accompanying the Member.
Sample 1
DAMAGE AND PERSONAL INJURY. You will be fully responsible to us for: (a) any loss or damage to the Vehicle during the Hire Period, or otherwise when the Vehicle is in your or a Driver’s possession, notwithstanding whether the loss or damage was yours or the Driver’s fault, and must give reasonable notice to us in writing of any such loss or damage; and (b) all personal injury or damage to the property of any person or any other vehicle which is caused or contributed to by the Vehicle during the Hire Period, or otherwise when the Vehicle is in your or the Driver’s possession.
Sample 1
DAMAGE AND PERSONAL INJURY a. To the extent permitted by law, You agree that Your use of the Facilities is at Your own risk. You acknowledge that Your use of the Facilities may involve physical exertion and physical risk and could result in death, physical or mental injury, the contraction of a disease or any other condition, circumstance or impairment that is harmful of disadvantageous to You. b. Subject to clause 13(c), You acknowledge and agree that neither We nor Our employees, agents or contractors will be responsible or liable for (and You forever release Us from, hold Us harmless and waive all rights in respect of) any loss, damage, expense, liability, action, claim or proceeding suffered or incurred by You or any other party in connection with Your use of the Facilities as a result of: i. death; ii. physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); iii. the contraction, aggravation or acceleration of a disease; or iv. the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs that may be harmful or disadvantageous, or may result in harm or disadvantage, to You or another person. c. Clause 13(b) does not apply to the extent that You suffer significant personal injury that is caused by Our reckless conduct. Our conduct is deemed to be reckless if We are aware, or should reasonably have been aware, of a significant risk that the conduct could result in personal injury to another person and We engage in the conduct despite the risk and without adequate justification. d. You agree to indemnify Us and Our employees, agents and contractors from and against any loss, damage, expense, liability, action, claim or proceeding suffered or incurred by Us in connection with Your negligent or wilful use of the Facilities or Your breach of this Agreement, except to the extent that the loss, damage, expense, liability, action, claim or proceeding is caused by Our negligent or wilful conduct. e. Nothing in this Agreement is intended to exclude or limit Your rights under any law that cannot be excluded or limited and this Agreement is to be read and construed accordingly.
Sample 1
DAMAGE AND PERSONAL INJURY. To the extent permitted by law, The Gym Glenelg and DebitSuccess excludes any liability to the Member in Agreement, tort, statute or in any other way for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by the Member and/or any other person, or for any costs, charges or expenses incurred by the Member, arising from or in connection with this Membership Agreement and/or the services/products provided by The Gym Glenelg and/or DebitSuccess, and/or any act or omission of The Gym Glenelg and/ or DebitSuccess.
Sample 1

Related to DAMAGE AND PERSONAL INJURY

  • Public Liability and Property Damage Insurance LESSEE will carry and maintain in effect, at its own expense, with Approved Insurers, public liability insurance (including, without limitation, contractual liability, and passenger legal liability), and property damage insurance with respect to the Aircraft, in amounts per occurrence of not less than the Minimum Liability Coverage, or such greater amounts as LESSEE may carry from time to time on other similar aircraft in its fleet. LESSEE shall not discriminate against the Aircraft in providing such insurance. Each and any policy of insurance carried in accordance with this Subsection (A), and each and any policy obtained in substitution or replacement for any of such policies, (i) shall designate each Indemnitee as additional insureds as their interests may appear (but without imposing upon any obligation imposed upon the insured, including, without limitation, the liability to pay any premiums for any such policies, but the Indemnitees shall have the right to pay such premiums if it shall so elect), and (ii) shall expressly provide that, in respect of the interests of the Indemnitees in such policies, the insurance shall not be invalidated by any action or inaction of the LESSEE or any other Person (other than the Indemnitees, each for their respective interests), and shall insure, regardless of any breach or violation by LESSEE or any other Person (other than the Indemnitees, each for their respective interests) of any warranty, declaration or condition contained in such policies, (iii) shall provide that if such insurance is canceled for any reason whatsoever, or is adversely changed in any way with respect to the interests of the Indemnitees, or if such insurance is allowed to lapse for nonpayment of premium, such cancellation, change or lapse shall not be effective as to the Indemnitees for thirty (30) days (seven (7) days in the case of any war risks and allied perils coverage or such lesser time which may be standard in the insurance industry and ten (10) days in the event of nonpayment of premium), in each instance, after receipt by each of the Indemnitees of written notice by such insurer or insurers sent to the Indemnitees of such prospective cancellation, change or lapse, (iv) shall include coverage for any country in which the Aircraft is located, (v) shall provide that, as against the Indemnitees, the insurer shall waive any rights of set-off, counterclaim or any other deduction, whether by attachment or otherwise, and waives any rights it may have to be subrogated to any right of any insured against the Indemnitees, with respect to the Aircraft, (vi) shall provide war risk and allied perils coverage pursuant to the AVN52 extended coverage endorsement or its equivalent, and (vii) shall insure (to the extent of the risks covered by the policies) the indemnity provisions of Section 14. Each liability policy shall be primary without right of contribution from any other insurance which may be carried by any Indemnitee, and shall expressly provide that all of the provisions thereof (except the limits of liability) shall operate in the same manner as if there were a separate policy covering each insured. No liability policy shall permit any deductible or self-insurance provision except for baggage as is customary in the industry and such other deductibles only with the consent of the LESSOR, which consent shall not be unreasonably withheld or delayed, which from time to time LESSEE can demonstrate are standard in comprehensive liability insurance and, in particular, public liability risks (including, inter alia, contractual liability and passenger liability coverage) for U.S. Air Carriers in the then current United States insurance market.

  • Insurance, Subcontractor's Public Liability and Property Damage The Contractor shall require each of its subcontractors to secure and maintain during the life of the subcontract, insurance of the type specified in this Contract, or, the Contractor may insure the activities of its subcontractors in the Contractor’s policy, as specified in this Contract.

  • Damage to Property Of Others 1. We will pay, at replacement cost, up to $1,000 per "occurrence" for "property damage" to property of others caused by an "insured". 2. We will not pay for "property damage": a. To the extent of any amount recoverable under Section I;

  • Personal Illness and Injury Leave 10.1.1 Full-time bargaining unit members shall be entitled to ten (10) days leave with full pay for each school year for purposes of personal illness or injury. Bargaining unit members who work less than full-time shall be entitled to that portion of the ten (10) days leave as the number of hours per week of scheduled duty relates to the number of hours for a full-time bargaining unit member in a comparable position. 10.1.2 After all earned leave as set forth in 10.1.1 above is exhausted, additional non-accumulated leave shall be available for a period not to exceed five (5) school months, provided that the provisions of 10.1.4 below are met. The amount deducted for leave purposes from the bargaining unit member's salary shall be the amount actually paid a substitute employee employed to fill the position during the leave, or, if no substitute is employed, the amount which would have been paid to a substitute. The five-month period shall begin on the eleventh (11) day of absence due to illness or injury. 10.1.3 If a bargaining unit member does not utilize the full amount of leave as authorized in Article 10.1.1 above in any school year, the amount not utilized shall be accumulated from year to year. 10.1.4 Upon request by District management, a bargaining unit member shall be required to present a medical doctor's certificate verifying the personal illness or injury and/or a medical authorization to return to work. If the illness or injury exceeds twenty (20) consecutive days, the District may require a certified medical specialist to visit the bargaining unit member and make all necessary inquiries in order to be fully informed as to the nature and severity of the illness or injury, and to report such findings to the Superintendent or designee. If the report concludes that the absence is not due to personal illness or injury, or that the illness is not sufficiently severe to warrant continued absence, then the Superintendent or designee, after notice to the bargaining unit member, may refuse to grant such a leave. If requested by the District management to furnish a medical doctor's authorization, bargaining unit member shall submit said authorization upon returning to work. 10.1.5 Whenever possible, a bargaining unit member must contact the designated District Office personnel as soon as the need to be absent is known, but no later than ninety (90) minutes prior to the bargaining unit member's starting time, in order to permit the employer time to secure a substitute. Failure to provide adequate notice may be grounds for denial of leave with pay. 10.1.6 A bargaining unit member who is absent for one-half day or less may have deducted one-half day from the accumulated leave; and if the absence exceeds more than one-half day, a full day may be deducted from accumulated leave. 10.1.7 A bargaining unit member may not be allowed to return to work and may be required to pay the cost of the substitute secured if the bargaining unit member fails to notify the District of the bargaining unit member's intent to return to work prior to the close of the bargaining unit member's preceding workday, and such failure results in a substitute being secured. 10.1.8 Each bargaining unit member may request notification of the accumulated leave by September 30th of each school year.

Most Referenced Clauses

Most Referenced Definitions