Common use of Release, Waiver and Covenant Not To Sue Clause in Contracts

Release, Waiver and Covenant Not To Sue. For purposes of this Agreement, (i) the term “Released Parties” shall mean the CITY, the City Council and each member thereof, present and future, and every officer, agent and employee of the CITY and every member of its boards and commissions, and (ii) the term “Claims” shall mean any and all liability, lawsuits, causes of action and claims for damages, costs or expenses, whether past, present or future, and whether known or unknown. Parent on their own behalf, and on behalf of Participant and their Related Persons, hereby knowingly, voluntarily and irrevocably and forever release, waive and discharge (and covenant not to sue), each and all of the Released Parties from (or with respect to), all Claims, including, but not limited to, Claims arising out of or in connection with my death, personal injury, illness, disability, suffering of short-term or long-term health effects, or loss of or damage to property, which Parent, Participant and any Related Persons may have or hereafter accrue against any of the Released Parties as a result of or that relate in any way to (i) Participant’s exposure to COVID-19; (ii) Participant’s attendance at the Program and participation in activities at or related to the Program; (iii) Participant’s travel to or presence at the Program, or at any location to which he may travel in connection with the Program; or (iv) any of the risks identified above in paragraphs 1 and 2 of this Agreement. Parent understands that this release, waiver and covenant not to sue includes any Claims based on the negligence, action or inaction of any of the Released Parties and covers Claims of any sort, whether suffered before, during or after Participant’s participation in the Program. Parent recognizes and agrees that this release and waiver of liability is a full, general and final release and waiver of all Released Claims. Parent further acknowledges that Parent has read Section 1542 of the Civil Code of the State of California, which currently provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. Parent understands that, pursuant to Section 1542, Parent has the right not to release existing claims of which Parent is not now aware, unless Parent voluntarily chooses to waive this right. Even though Xxxxxx acknowledges that Parent is aware of such right, by signing below, Xxxxxx nevertheless hereby voluntarily waives such rights and elects to assume all risks for claims that now exist in Participant’s and/or Parent’s favor, known or unknown, arising from the subject matter of the waiver of liability and release set forth herein.

Appears in 11 contracts

Samples: Waiver and Release Agreement, Participant Waiver, Participant Waiver

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Release, Waiver and Covenant Not To Sue. For purposes of this Agreement, (i) the term “Released Parties” shall mean the CITYSouth Bay Inline Hockey League, the City Council Inc., and each member staff members thereof, present and future, and every officer, agent and employee employees of the CITY and every member of its boards and commissionsSouth Bay Inline Hockey League, and Inc., (ii) the term “Claims” shall mean any and all liability, lawsuits, causes of action and claims for damages, costs or expenses, whether past, present or future, and whether known or unknown. Parent You on their your own behalf, and on behalf of Participant and their your Related Persons, hereby knowingly, voluntarily and irrevocably and forever release, waive and discharge (and covenant not to sue), each and all of the Released Parties from (or with respect to), all Claims, including, but not limited to, Claims arising out of or in connection with my death, personal injury, illness, disability, suffering of short-term or long-term health effects, or loss of or damage to property, which Parent, Participant you and any Related Persons may have or hereafter accrue against any of the Released Parties as a result of or that relate in any way to (i) Participant’s your exposure to COVID-19; (ii) Participant’s Your attendance at facilities and/or property of the Program South Bay Inline Hockey League, Inc., and participation in activities at or related to the Programgame of ice hockey; (iii) Participant’s Your travel to or presence at the ProgramEvent, or at any location to which he you may travel in connection with the ProgramEvent activities; or (iv) any of the risks identified above in paragraphs 1 and 2 of this Agreement. Parent understands You understand that this release, waiver and covenant not to sue includes any Claims based on the negligence, action or inaction of any of the Released Parties and covers Claims of any sort, whether suffered before, during or after Participant’s your participation in the Programgame of ice hockey. Parent recognizes You recognize and agrees agree that this release and waiver of liability is a full, general and final release and waiver of all Released Claims. Parent You further acknowledges acknowledge that Parent has you have read Section 1542 of the Civil Code of the State of California, which currently provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. Parent understands You understand that, pursuant to Section 1542, Parent has you have the right not to release existing claims of which Parent is you are not now aware, unless Parent you voluntarily chooses choose to waive this right. Even though Xxxxxx acknowledges you acknowledge that Parent is you are aware of such right, by signing below, Xxxxxx you nevertheless hereby voluntarily waives waive such rights and elects to assume all risks for claims that now exist in Participant’s and/or Parent’s your favor, known or unknown, arising from the subject matter of the waiver of liability and release set forth herein.

Appears in 1 contract

Samples: Waiver and Release Agreement

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Release, Waiver and Covenant Not To Sue. For purposes of this Agreement, (i) the term “Released Parties” shall mean the CITY, the City Council and each member thereof, present and future, and every officer, agent and employee of the CITY and every member of its boards and commissions, and (ii) the term “Claims” shall mean any and all liability, lawsuits, causes of action and claims for damages, costs or expenses, whether past, present or future, and whether known or unknown. Parent Participant on their own behalf, and on behalf of Participant and their Related Persons, hereby knowingly, voluntarily and irrevocably and forever release, waive and discharge (and covenant not to sue), each and all of the Released Parties from (or with respect to), all Claims, including, but not limited to, Claims arising out of or in connection with my death, personal injury, illness, disability, suffering of short-term or long-term health effects, or loss of or damage to property, which Parent, Participant and any Related Persons may have or hereafter accrue against any of the Released Parties as a result of or that relate in any way to (i) Participant’s exposure to COVID-19; (ii) Participant’s attendance at the Program and participation in activities at or related to the Program; (iii) Participant’s travel to or presence at the Program, or at any location to which he may travel in connection with the Program; or (iv) any of the risks identified above in paragraphs 1 and 2 of this Agreement. Parent Participant understands that this release, waiver and covenant not to sue includes any Claims based on the negligence, action or inaction of any of the Released Parties and covers Claims of any sort, whether suffered before, during or after Participant’s participation in the Program. Parent Participant recognizes and agrees that this release and waiver of liability is a full, general and final release and waiver of all Released Claims. Parent Participant further acknowledges that Parent Participant has read Section 1542 of the Civil Code of the State of California, which currently provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. Parent Participant understands that, pursuant to Section 1542, Parent Participant has the right not to release existing claims of which Parent Participant is not now aware, unless Parent Participant voluntarily chooses to waive this right. Even though Xxxxxx Participant acknowledges that Parent Participant is aware of such right, by signing below, Xxxxxx Participant nevertheless hereby voluntarily waives such rights and elects to assume all risks for claims that now exist in Participant’s and/or Parent’s favor, known or unknown, arising from the subject matter of the waiver of liability and release set forth herein.

Appears in 1 contract

Samples: Waiver and Release Agreement

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