INDEMNIFICATION AND RELEASE OF LIABILITY. In consideration of being allowed to use the facilities and participate in the Sports Park and other activities provided by ERM-XXXXXX, LLC, d.b.a. WhoaZone at Xxxxxx Lake Park (“WHOAZONE”), the Participant and/or the Participant's parent or legal guardian if the Participant is a minor, do hereby agree as follows: I, the undersigned Participant, am using WHOAZONE equipment and participating in WHOAZONE activities, including, but not limited to, the Wibit Sports Park, Stand Up Paddleboards, Kayaks, Pedal Boats, and other activities (collectively, the "Activities"), at my own risk. I understand and acknowledge that there are inherent risks involved with the Activities, including, but not limited to, bruises, scrapes, lacerations, xxxxx, sprains, fractured or broken bones, as well as other head/brain, xxxx, xxxx, back/spine injuries, up to and including drowning and death and/or actual or alleged contracting of any communicable bacterial or viral based diseases. I am also aware that using or participating in the Activities requires physical exertion and such exertion on the body may reinjure or aggravate pre-existing physical injuries, conditions, or congenital defects. I voluntarily assume these risks by signing below and participating in the Activities. IN FULL RECOGNITION OF THE INHERENT RISKS INVOLVED WITH THE ACTIVITIES, WHICH RISKS I VOLUNTARILY ASSUME, I HEREBY INDEMNIFY, HOLD HARMLESS AND RELEASE WHOAZONE, ITS MEMBERS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, OWNERS AND/OR OPERATORS (COLLECTIVELY, “WHOAZONE STAFF”), FROM ALL INJURIES, DAMAGES, CLAIMS, DEMANDS, AND/OR CAUSES OF ACTION (COLLECTIVELY, “CLAIMS”), FOR ANY LOSS, DAMAGE, ILLNESS OR INJURY, INCLUDING DROWNING AND DEATH, WHETHER SUSTAINED BY MYSELF, A MEMBER OF MY FAMILY OR MY PROPERTY HOWEVER CAUSED, INCLUDING, BUT NOT LIMITED TO, FAULT OR NEGLIGENCE (EXCEPT GROSS NEGLIGENCE, WILLFUL/WANTON OR INTENTIONAL CONDUCT, OR ILLEGAL ACTS) BY WHOAZONE AND/OR WHOAZONE STAFF IN CONNECTION, DIRECTLY OR INDIRECTLY, WITH THE ACTIVITIES. THIS INDEMNIFICATION AND RELEASE SHALL BE BINDING UPON ME, MY HEIRS, EXECUTORS, ADMINISTRATORS, AND/OR ASSIGNS. I further agree that I am personally liable and responsible for paying WHOAZONE for any and all damage to WHOAZONE property that I may cause, whether caused negligently, recklessly or intentionally, while using or participating in the Activities, including, but not limited to, damage to any WHOAZONE equipment or other WHOAZONE property, any loss of WHOAZONE equipme...
INDEMNIFICATION AND RELEASE OF LIABILITY. 5. In consideration for the Associations allowing the Participant to voluntarily participate in its programs, activities and events, the Parties agree:
INDEMNIFICATION AND RELEASE OF LIABILITY. The undersigned hereby accepts that the their own use and the Requesting Organization’s use of City premises involves a risk of injury. In case of injury, the undersigned HEREBY WAIVES ALL CLAIMS OR LEGAL ACTIONS, financial or otherwise, on the undersigned’s behalf, individually, and on the Requesting Organization’s behalf, against the City of Federal Way and its contractors, employees or volunteers, including injury caused by the sole negligence of the City of Federal Way, its contractors, employees, or volunteers, but excluding gross negligence or intentional injury. The undersigned and the Requesting Organization further INDEMNIFY the City of Federal Way, its contractors, employees and volunteers, for any claims of negligence arising out of this rental agreement, including claims by the Requesting Organization’s players, guests, employees, contractors, volunteers, or other event participants. The undersigned and Requesting Organization, by mutual negotiation, expressly waive, as respects the City of Federal Way only, their statutory immunity under the industrial insurance provisions of Title 51 RCW.
INDEMNIFICATION AND RELEASE OF LIABILITY a. You agree to indemnify, defend and hold harmless DIAL from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by DIAL that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by You, pursuant to these Terms of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
INDEMNIFICATION AND RELEASE OF LIABILITY. The undersigned Applicant has read, understands, and agrees to the rules, terms and condition under which he/she/it will be allowed to participate in the 2023 Round Top Folk Festival, November 3, 4 and 5, 2023 and understands and is aware of all possible damage or loss from whatever causes that may arise from participating in the Round Top Folk Festival, and agrees to assume all risks in connection with participating in the Round Top Folk Festival. Undersigned agrees to indemnify, defend and hold harmless Xxxxxxx on the Mountain, it’s members, volunteers, employees, officers, agents, and assigns and the City of Huntsville, Alabama, its employees, officials, officers and agents from and against any and all liabilities, claims, damages, costs, expenses (including attorney’s fees), demands, actions or rights of actions of whatever kind or name either in law or equity, brought or caused by the undersigned, its officers, employees, volunteers, guests, agents, his/her family, heirs, assigns and any other party, related to or arising from undersigned’s participation related to or arising from Round Top Folk Festival activities. Undersigned agrees to indemnify, defend and hold harmless Xxxxxxx on the Mountain, it’s members, volunteers, employees, officers, agents, and assigns and the City of Huntsville, Alabama, its employees, officials, officers and agents from and against any and all liabilities, claims, damages, costs, expenses (including attorney’s fees), demands, actions or rights of actions of whatever kind or name either in law or equity, brought by third parties related to or arising from Undersigned’s participation in the Round Top Folk Festival. Undersigned understands that his/her/its participation in the Round Top Folk Festival in Huntsville, Alabama on November 3, 4 and 5, 2023, is a voluntary activity, and is participating by his/her/its own free choice. Undersigned agrees to follow all rules, regulations and procedures given to them. In consideration of being allowed to participate in the Round Top Folk Festival, undersigned xxxxxx agrees to ASSUME THE RISKS OF PROPERTY DAMAGE, INJURY, ILLNESS OR DEATH in any way associated with undersigned’s participation in these activities. Undersigned agrees that the terms stated herein shall also serve as a WAIVER OF LIABILITY AND ASSUMPTION OF RISK for his/her/its heirs, estate, executor, administrator, assignees, and for all members of undersigned family. PHOTO RELEASE Furthermore, undersigned gives permissio...
INDEMNIFICATION AND RELEASE OF LIABILITY. Owner agrees to indemnify and hold harmless Firestone, its officers, employees, agents, or servants, and to pay any and all judgments rendered against said persons on account of any suit, action, or claim caused by arising from, or on account of acts or omissions by Owner, its officers, employees, agents, consultants, contractors, and subcontractors, and/or suit, action, or claim resulting from mineral right disputes and/or Owner’s failure to abide by the terms of this Agreement, and to pay to Firestone and said persons their reasonable expenses, including but not limited to, reasonable attorney’s fees and reasonable expert witness fees, incurred in defending any such suit, action or claim. Owner’s obligation herein shall not apply to the extent said suit, action or claim results from any acts or omissions of officers, employees, agents, or servants of Firestone or conformance with requirements imposed by Xxxxxxxxx, said obligation of Owner shall be limited to suits, actions, or claims based upon conduct prior to Final Acceptance by Xxxxxxxxx of the construction work. Owner acknowledges that Firestone’s review and acceptance of plans for development of the Development is done in furtherance of the general public’s health, safety and welfare and that no immunity is waived and no specific relationship with or duty of care to, Owner or third parties is assigned by such review acceptance.
INDEMNIFICATION AND RELEASE OF LIABILITY. In return for the Association allowing me, my family, and/or my guests to use the Amenities, I agree:
INDEMNIFICATION AND RELEASE OF LIABILITY. Developer agrees to defend, indemnify and hold harmless the Town, its officers, employees, agents, and servants, and to pay any and all judgments rendered against said persons on account of any suit, action, or claim caused by, arising from, or on account of acts or omissions by the Developer, its officers, employees, agents, consultants, contractors, and subcontractors, or, without limiting the generality of the foregoing, caused by or arising out of Developer’s failure to control traffic as required in the approved Traffic Control Plan, or arising from, or on account of any workers’ compensation claim of any employee of Developer or of any employee of any subcontractor of Developer, and to pay to the Town and said persons their reasonable expenses, including, but not limited to, reasonable attorney’s fees and reasonable expert witness fees, incurred in defending any such suit, action or claim; provided, however, that Developer’s obligation herein shall not apply to the extent said suit, action or claim results from any acts or omissions of officers, employees, agents or servants of the Town or conformance with requirements imposed by the Town. Said obligation of Developer shall be limited to suits, actions or claims based upon conduct prior to “final acceptance” by the Town of the construction work. Developer acknowledges that the Town’s review and approval of plans for development of the property is done in furtherance of the general public’s health, safety and welfare and that no immunity is waived and no specific relationship with, or duty of care to, the Developer or third parties is assumed by such review or approval. The parties understand and agree that the Town is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, § 00-00-000 et seq., C.R.S., as from time to time amended, or otherwise available to the Town, its officers, or its employees.
INDEMNIFICATION AND RELEASE OF LIABILITY. To the extent permitted by law, Developer agrees to defend, indemnify and hold harmless the City, its officers, employees, agents or servants, and to pay any and all judgments rendered against said persons on account of any suit, actions or claim caused by, arising from, or on account of acts or omissions by the Developer, its officers, employees, agents, consultants, contractors and subcontractors; provided, however, that Developer's obligation herein shall not apply to the extent said suit, action or claim results from any acts or omissions of officers, employees, agents or servants of the City. Said obligation of Developer shall be limited to suits, actions or claims based upon conduct prior to Final Acceptance by the City of the construction work. Developer acknowledges that the City's review and approval of plans for development of the Subject Property is done in furtherance of the general public's health, safety and welfare and that no immunity is waived and no specific relationship with, or duty of care to, the Developer or third parties is assumed by such review approval.
