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

Release, Waiver and Covenant Not To Sue. Participant understands that by signing this Agreement that the City of Monterey, its employees, officers, agents, and volunteers (hereinafter referred to as “City”), shall not be liable, and Participant expressly waives any claim of liability, for any injury, death, illness, damage, or loss or theft of property, whether caused by any negligent act or omission of the City, in connection with the Recreation or Sports Center programs, events, or activities, or use of City facilities or equipment. This waiver is intended to be a complete release, to the fullest extent permitted by law, of the City from any responsibility for any claims for injuries or damages whatsoever, to person or property, sustained by Participant pertaining to, related to, or arising directly or indirectly out of Participant’s participation in Recreation or Sports Center programs, events, or activities, or use of City facilities or equipment, including but not limited to use of the Kids Zone. This includes, without limitation, injuries (including death) which may occur: (1) as a result of negligence or carelessness on the part of the City, (2) out of a dangerous or defective condition of property or equipment, or (3) the City’s negligent instruction or supervision.

Release, Waiver and Covenant Not To Sue. Participant understands that by signing this Agreement that the City of Monterey, its employees, officers, agents, and volunteers (hereinafter referred to as “City”), shall not be liable, and Participant expressly waives any claim of liability, for any injury, death, illness, damage, or loss or theft of property, whether caused by any negligent act or omission of the City, in connection with the Recreation or Sports Center programs, events, or activities, or use of City facilities or equipment. This waiver is intended to be a complete release, to the fullest extent permitted by law, of the City from any responsibility for any claims for injuries or damages whatsoever, to person or property, sustained by Participant pertaining to, related to, or arising directly or indirectly out of Participant’s participation in Recreation or Sports Center programs, events, or activities, or use of City facilities or equipment, including but not limited to use of the Kids Zone. This includes, without limitation, injuries (including death) which may occur: (1) as a result of negligence or carelessness on the part of the City, (2) out of a dangerous or defective condition of property or equipment, or (3) the City’s negligent instruction or supervision. For activities at Toro Park, this release and waiver also applies to the County of Monterey, its officers, employees and agents, to the same extent it applies to the City for activities at City-owned properties.