Common use of Release, Waiver and Covenant Not to Xxx Clause in Contracts

Release, Waiver and Covenant Not to Xxx. 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. Participant, on their own behalf, and on behalf of their Related Persons, and 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 xxx), 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 their death, personal injury, illness, disability, suffering of short-term or long-term health effects, or loss of or damage to property, which Participant, Parent, 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 they may travel in connection with the Program; or (iv) any of the risks identified above in paragraphs 1 and 2 of this Agreement. Participant and Parent understand that this release, waiver and covenant not to xxx 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. Participant and Parent recognize and agree that this release and waiver of liability is a full, general and final release and waiver of all Released Claims. Participant and Parent further acknowledge that Participant and Parent 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. Participant and Parent understand that, pursuant to Section 1542, Participant and Parent have the right not to release existing claims of which Participant and Parent are not now aware, unless Participant and Parent voluntarily choose to waive this right. Even though Participant and Parent acknowledge that Participant and Parent are aware of such right, by signing below, Participant and Parent nevertheless hereby voluntarily waive such rights and elect 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 2 contracts

Samples: Waiver and Release Agreement, Waiver and Release Agreement

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Release, Waiver and Covenant Not to Xxx. For purposes of this Agreement, (i) the term “Released Parties” shall mean the CITYTorrance Unified School District (TUSD), the City Council TUSD Board of Education and each member thereof, present and future, and every officer, agent and employee of the CITY and every member of its boards and commissionsTUSD, 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 and Participant, on their own behalf, and on behalf of their Related Persons, and 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 xxx), 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 their my death, personal injury, illness, disability, suffering of short-term or long-term health effects, or loss of or damage to property, which Participant, 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- 19COVID-19; (ii) Participant’s attendance at facilities and/or property of the Program Torrance Unified School District and participation in activities at or related to the ProgramEvent; (iii) Participant’s travel to or presence at the ProgramEvent, or at any location to which they he 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 and Participant and Parent understand that this release, waiver and covenant not to xxx 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 ProgramEvent. Participant recognizes and Parent recognize and agree agrees that this release and waiver of liability is a full, general and final release and waiver of all Released Claims. Participant and Parent further acknowledge acknowledges that Participant and Parent have 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. Participant and Parent understand understands that, pursuant to Section 1542, Participant and Parent have has the right not to release existing claims of which Participant and Parent are is not now aware, unless Participant and Parent voluntarily choose chooses to waive this right. Even though Participant and Parent acknowledge acknowledges that Participant and Parent are is aware of such right, by signing below, Participant and Parent nevertheless hereby voluntarily waive waives such rights and elect 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: Participant Waiver for Use of Facilities

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Release, Waiver and Covenant Not to Xxx. For purposes of this Agreement, (i) the term “Released Parties” shall mean the CITYAcademy, the City Council MLS, other MLS clubs and their respective academies, SUM and each member thereofof their respective officers, present directors, managers, members, employees, agents, contractors, sub-contractors, representatives, successors, assigns, licensees and future, and every officer, agent and employee of the CITY and every member of its boards and commissionsaffiliates, 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 and Participant, on their own behalf, and on behalf of their Related Persons, and Parent on their own behalf, and on behalf of Participant and their Related Persons, hereby knowingly, voluntarily voluntarily, unconditionally and irrevocably and forever release, waive and discharge (and covenant not to xxx), 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 their any death, personal injury, illness, disability, suffering of short-term or long-term health effects, or loss of or damage to property, which Participant, Parent, and Participant or 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 to: (i) Participant’s exposure to COVID- 19COVID-19; (ii) Participant’s attendance at the Program and participation in Academy activities at or related to the Programevents; (iii) Participant’s travel to or presence at the Program, or at any location to which they he or she may travel in connection with the ProgramAcademy activities or events; or (iv) any of the other risks identified above in paragraphs 1 and 2 of this Agreement. Participant and Parent understand that this releasePARENT AND PARTICIPANT UNDERSTAND THAT THIS RELEASE, waiver and covenant not to xxx includes any Claims based on the negligenceWAIVER AND COVENANT NOT TO XXX INCLUDES ANY CLAIMS BASED ON THE NEGLIGENCE, action or inaction of any of the Released Parties and covers Claims of any sortACTION OR INACTION OF ANY OF THE RELEASED PARTIES AND COVERS CLAIMS OF ANY SORT, whether suffered beforeWHETHER SUFFERED BEFORE, during or after Participant’s participation in the Program. Participant and Parent recognize and agree that this release and waiver of liability is a full, general and final release and waiver of all Released Claims. Participant and Parent further acknowledge that Participant and Parent 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 DURING OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST AFTER PARTICIPANT’S PARTICIPATION 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. Participant and Parent understand that, pursuant to Section 1542, Participant and Parent have the right not to release existing claims of which Participant and Parent are not now aware, unless Participant and Parent voluntarily choose to waive this right. Even though Participant and Parent acknowledge that Participant and Parent are aware of such right, by signing below, Participant and Parent nevertheless hereby voluntarily waive such rights and elect 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 hereinACADEMY EVENTS.

Appears in 1 contract

Samples: Sports Participation Release and Waiver Agreement

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