Common use of Waiver and Release of Liability Clause in Contracts

Waiver and Release of Liability. In consideration of the risk of injury while participating in Online Coaching with Xxxxxx Xxxxx and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Xxxxxx Xxxxx, located at 000 Xxxxxx Xxxx Xx, Shelburne, Vermont 05482, and affiliates, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity. I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY. I agree to indemnify and hold harmless Xxxxxx Xxxxx against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Xxxxxx Xxxxx incurs any of these types of expenses, I agree to reimburse Xxxxxx Xxxxx. I acknowledge that Xxxxxx Xxxxx and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Xxxxxx Xxxxx. I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON'S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event. I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Xxxxxx Xxxxx AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Xxxxxx Xxxxx FOR PERSONAL INJURY OR PROPERTY DAMAGE. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Xxxxxx Xxxxx, its agents, and employees. In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness. This Agreement was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant, , and Xxxxxx Xxxxx agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited. I, the undersigned participant, affirm that I am of the age of 18 years or older, and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free will.

Appears in 1 contract

Samples: Nutrition Coaching Agreement

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Waiver and Release of Liability. In consideration IN CONSIDERATION OF THE ASSOCIATION ALLOWING ME TO PARTICIPATE IN THE ACTIVITIES, I, FOR MYSELF, SPOUSE,CHILD/XXXX, HEREBY KNOWINGLY AND FREELY ASSUME ALL RISK AND WAIVE, RELEASE, DISCHARGE AND COVENANT NOT-TO SUE AND HOLD HARMLESS THE ASSOCIATION, THE TEXAS YOUTH FOOTBALL ASSOCIATION, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SPONSORS, COACHES, SUPERVISORS, THE OTHER PARTICIPANTS AND VOLUNTEERS, INCLUDING ANY PERSONS TRANSPORTING MY CHILD TO AND FROM ACTIVITIES (COLLECTIVELY, THE “OTHER PARTIES”), FROM ANY AND ALL PRESENT AND FUTURE CLAIMS, DEMANDS, ACTIONS, OR CAUSES OF ACTIONS RESULTING FROM ANY ACCIDENTS, INJURIES, DEATHS, OR LOSS OF AND/OR DAMAGE TO MY PERSON OR PROPERTY ARISING OUT OF OR CONNECTED WITH MY PARTICIPATION IN THE ACTIVITIES, INCLUDING CLAIMS FOR ATTORNEYS’ FEES. I HEREBY VOLUNTARILY WAIVE ANY AND ALL CLAIMS, INCLUDING CLAIMS RESULTING FROM OR FOR NEGLIGENCE, BOTH PRESENT AND FUTURE, THAT MAY BE MADE BY ME, MY FAMILY, ESTATE, HEIRS, OR ASSIGNS. THIS INDEMNITY AND RELEASE IS EXPRESSLY INTENDED TO INCLUDE A RELEASE OF, AND AN INDEMNITY FOR, THE NEGLIGENCE OF THE ASSOCIATION AND THE OTHER PARTIES. Further, I am aware that this activity may involve certain risks or possible dangers, including death, and that equipment provided for my protection may be inadequate to prevent serious injury. I am voluntarily participating in the Activities with knowledge of the risk of injury while participating in Online Coaching with Xxxxxx Xxxxx and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability danger involved and hereby waive agree to accept any and all rightsinherent risks of property damage, claims personal injury, or causes of action of any kind whatsoever arising out of my participation death. If applicable, I/We agree to return upon request the uniform and other equipment issued to my/our child in as good conditions as when received except for normal wear and tear. I agree to indemnify the Activity, and do hereby release and forever discharge Xxxxxx Xxxxx, located at 000 Xxxxxx Xxxx Xx, Shelburne, Vermont 05482, and affiliates, Association for any physical costs which result from my failure to return the Association provided uniform or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activityequipment. I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY. I further agree to indemnify and hold harmless Xxxxxx Xxxxx against the Association and the Other Parties for any and all claims, suits or actions claims arising as a result of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Xxxxxx Xxxxx incurs any of these types of expenses, I agree to reimburse Xxxxxx Xxxxxengaging in the Activities. I acknowledge understand that Xxxxxx Xxxxx this waiver is intended to be as broad and their directorsinclusive as permitted by the laws of the State of Texas and agree that if any portion is held invalid, officersthe remainder of the waiver will continue in full legal force and effect. I further agree that the venue for any legal proceedings shall be in Xxxxxxx County, volunteers, representatives Texas. I affirm that I am of legal age and agents are not responsible for errors, omissions, acts or failures am freely signing this document and am legally authorized to act of any party or entity conducting a specific event or activity sign on behalf of Xxxxxx Xxxxxmy child. I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON'S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATHunderstand that I may consult with an attorney before I sign this Agreement. I have read this document and fully understand that by signing this document, SERIOUS INJURYI am giving up legal rights and/or remedies which may be available to me now or at some time in the future against the Association and the Other Parties. I further affirm that I have not relied upon any representation, AND PROPERTY LOSSstatement or promise or any representative of the Association or any other person or party released in making the decision to sign this document. The risks may includeParent/Legal Guardian/Adult Participant: Signature: Printed Name: Date: CONSENT TO TREAT I hereby my signature grant permission for myself or my child/xxxx to participate in any and all, but are not limited toBoerne Bulls Youth Football and Cheer Association and Texas Youth Football Association program(s) sanctioned event(s), those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of othersbe they official or un official, including but not limited to, participantsathletic, volunteers, spectators, coaches, event officials and event monitors, social and/or producers of the eventfundraising activities. I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Xxxxxx Xxxxx AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Xxxxxx Xxxxx FOR PERSONAL INJURY OR PROPERTY DAMAGE. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Xxxxxx Xxxxx, its agents, and employees. In the event that I should require medical care or treatment, I agree further hereby consent to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with health care providers, authorize any actions of neglect first aid, emergency treatment, including but not limited to transportation to and from health care facilities and/or any medical professional to provide treatment, order injections, hospitalize, give anesthesia or recklessness. This Agreement was entered into at arm's-length, without duress or coercion, perform surgery which is deemed advisable by and is to be interpreted as an agreement between two parties rendered under the general or special supervision of equal bargaining strengthany physician and/or surgeon. Both I understand that this authorization is given prior to any need for medical care, but given to avoid unnecessary delay in emergency treatment which the Participantattendant and/or medical professional may deem advisable in the exercise of best judgment. I presume a reasonable attempt was made to contact me. Signature: Printed Name: Date: Please list all medical conditions and allergies to medications: IMAGE RELEASE In consideration of myself or my minor child/xxxx being allowed to participate in any way in/with the organizations named above, related events and activities, and Xxxxxx Xxxxx I being legally authorized, do hereby my signature below agree that this Agreement is clear the organization(s) named above have the unrestricted and unambiguous as exclusive right and permission, free from approval or review, to its termscopyright and use in all media now or hereafter known, including but not limited to, pictures and videos of myself ,or my child/xxxx which he/she may be included intact or in part for promotion or other commercial use. I hereby relinquish any right that no other evidence will I or my child may have to compensation or the right to approve the completed product or products that may be used in conjunction therewith or admitted the uses to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. In the event that any provision contained within this Release of Liability shall may be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited. I, the undersigned participant, affirm that I am of the age of 18 years or older, and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free willapplied.

Appears in 1 contract

Samples: s3.amazonaws.com

Waiver and Release of Liability. In consideration of the risk of injury while participating in Online Coaching Exposure Therapy with Xxxxxx Xxxxx an Associate of the Anxiety and OCD Treatment Center of Xxx Arbor (the "Activity"), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Xxxxxx XxxxxThe Anxiety and OCD Treatment Center of Xxx Arbor and any and all clinicians I work with at the Center, located at 000 Xxxxxx Xxxx XxX Xxxxx Xx Xxx 0, ShelburneXxx Xxxxx, Vermont 05482Xxxxxxxx 00000, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and affiliatesassigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity. I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, PROPERTY LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCENEGLIGENCE OR ACTIONS, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S), OR OTHER FACTORS. NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY. I agree to indemnify and hold harmless Xxxxxx Xxxxx The Anxiety and OCD Treatment Center of Xxx Arbor and any and all clinicians I work with at the Center against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Xxxxxx Xxxxx The Anxiety and OCD Treatment Center of Xxx Arbor and any and all clinicians I work with at the Center incurs any of these types of expenses, I agree to reimburse Xxxxxx XxxxxThe Anxiety and OCD Treatment Center of Xxx Arbor and any and all clinicians I work with at the Center as said expenses are incurred. I acknowledge that Xxxxxx Xxxxx The Anxiety and OCD Treatment Center of Xxx Arbor and any and all clinicians I work with at the Center and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Xxxxxx Xxxxx. The Anxiety and OCD Treatment Center of Xxx Arbor and any and all clinicians I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON'S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of work with at the eventCenter. I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Xxxxxx Xxxxx The Anxiety and OCD Treatment Center of Xxx Arbor and any and all clinicians I work with at the Center AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Xxxxxx Xxxxx The Anxiety and OCD Treatment Center of Xxx Arbor and any and all clinicians I work with at the Center FOR PERSONAL INJURY OR PROPERTY DAMAGE. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Xxxxxx XxxxxThe Anxiety and OCD Treatment Center of Xxx Arbor and any and all clinicians I work with at the Center, its agents, and employees. In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness. This Agreement was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant, , and Xxxxxx Xxxxx agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited. I, the undersigned participant, affirm that I am of the age of 18 years or older, and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free will.

Appears in 1 contract

Samples: Treatment Agreement

Waiver and Release of Liability. In consideration of the risk of injury while participating in Online Coaching with Xxxxxx Xxxxx Group Events (the "Activity"), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Xxxxxx XxxxxHappy Face's Group, located at 000 Xxxxxx Xxxx Xx, Shelburne, Vermont 05482LLC, and their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity. I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND am voluntarily participating in the aforementioned Activity and I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISKam participating in the Activity entirely at my own risk. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITYam aware of the risks associated with traveling to and from as well as participating in this Activity, WHICH MAY INCLUDEwhich may include, BUT ARE NOT LIMITED TObut are not limited to, PHYSICAL OR PSYCHOLOGICAL INJURYphysical or psychological injury, PAINpain, SUFFERINGsuffering, ILLNESSillness, DISFIGUREMENTdisfigurement, TEMPORARY OR PERMANENT DISABILITY temporary or permanent disability (INCLUDING PARALYSISincluding paralysis), ECONOMIC OR EMOTIONAL LOSSeconomic or emotional loss, AND DEATHand death. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERSunderstand that these injuries or outcomes may arise from my own or others' NEGLIGENCEnegligence, CONDITIONS RELATED TO TRAVELconditions related to travel, OR THE CONDITION OF THE ACTIVITY LOCATION(Sor the condition of the Activity location(s). NONETHELESSNonetheless, I ASSUME ALL RELATED RISKSassume all related risks, BOTH KNOWN OR UNKNOWN TO MEboth known or unknown to me, OF MY PARTICIPATION IN THIS ACTIVITYof my participation in this Activity, INCLUDING TRAVEL TOincluding travel to, FROM AND DURING THIS ACTIVITYfrom and during this Activity. I agree to indemnify and hold harmless Xxxxxx Xxxxx Happy Face's Group, LLC against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Xxxxxx Xxxxx Happy Face's Group, LLC incurs any of these types of expenses, I agree to reimburse Xxxxxx XxxxxHappy Face's Group, LLC. I acknowledge that Xxxxxx Xxxxx Happy Face's Group, LLC and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Xxxxxx XxxxxHappy Face's Group, LLC. I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON'S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATHacknowledge that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, SERIOUS INJURYserious injury, AND PROPERTY LOSSand property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event. I ACKNOWLEDGE THAT acknowledge that I HAVE CAREFULLY READ THIS have carefully read this "WAIVER AND RELEASEwaiver and release" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITYand fully understand that it is a release of liability. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Xxxxxx Xxxxx AND ALL OF ITS AFFILIATESexpressly agree to release and discharge Happy Face's Group, MANAGERSLLC and all of its affiliates, MEMBERSmanagers, AGENTSmembers, ATTORNEYSagents, STAFFattorneys, VOLUNTEERSstaff, HEIRSvolunteers, REPRESENTATIVESheirs, PREDECESSORSrepresentatives, SUCCESSORS AND ASSIGNSpredecessors, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND successors and assigns, from any and all claims or causes of action and I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT agree to voluntarily give up or waive any right that I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Xxxxxx Xxxxx FOR PERSONAL INJURY OR PROPERTY DAMAGEotherwise have to bring a legal action against Happy Face's Group, LLC for personal injury or property damage. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Xxxxxx XxxxxHappy Face's Group, LLC, its agents, and employees. In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness. This Agreement was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant, , and Xxxxxx Xxxxx Happy Face's Group, LLC agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited. In the event of an emergency, please contact the following person(s) in the order presented: Emergency Contact Contact Relationship Contact Telephone I, the undersigned participant, affirm that I am of the age of 18 years or older, and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free will.. Participant(s) Name(s) Participant's Address: Parent’s Signature: Parents Name:

Appears in 1 contract

Samples: www.happyfacesfl.com

Waiver and Release of Liability. In consideration THE CLIENT HEREBY KNOWINGLY AND INTENTIONALLY WAIVE AND RELEASE, INDEMNIFY AND HOLD HARMLESS Main Frame Outfitter’s, THEIR DIRECTORS, OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS from and against any and all claims, actions, causes of action, liabilities, suits, expenses (including reasonable attorney’s fees) which are related to, arise out of, or are in any way connected with my participation in this activity including, but not limited to, NEGLIGENCE of any kind or nature, whether foreseen or unforeseen, arising directly or indirectly out of any damage, loss, injury, paralysis, or death to me or my property as a result of my engaging in these activities or the risk use of injury while participating in Online Coaching with Xxxxxx Xxxxx and as consideration for the right to participate in the Activitythese services, I herebyanimals or equipment, whether such damage, loss, injury, paralysis, or death results from negligence of hunting or from some other cause. I, for myself, my heirs, executorsmy successors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activityexecuters, and do hereby release and forever discharge Xxxxxx Xxxxxsubrogees, located at 000 Xxxxxx Xxxx Xx, Shelburne, Vermont 05482, and affiliates, for any physical or psychological injury, including but further agree not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity. I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY. I agree to indemnify and hold harmless Xxxxxx Xxxxx against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Xxxxxx Xxxxx incurs any of these types of expenses, I agree to reimburse Xxxxxx Xxxxx. I acknowledge that Xxxxxx Xxxxx and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Xxxxxx Xxxxx. I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON'S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event. I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Xxxxxx Xxxxx AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Xxxxxx Xxxxx FOR PERSONAL INJURY OR PROPERTY DAMAGE. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Xxxxxx Xxxxx, its agents, and employees. In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred xxx Main Frame Outfitters as a result of injury, paralysis, or death suffered in connection with my use and participation in the activities of hunting. IF CLIENT IS UNDER EIGHTEEN (18) YEARS OF AGE, THE SIGNATURE OF HIS PARENT OR GUARDIAN IS ALSO REQUIRED. IN WITNESS WHERE OF we have hereunto set our hand on the date indicated. The last such treatment. I am aware and understand that I should carry my own health insurance. In date shall be the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness. This Agreement was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant, , and Xxxxxx Xxxxx agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms effective date of this Agreement. Done this day of , but that it will be interpreted based on the language in accordance with the purposes for which it is entered into20 . In the event that any provision contained within this Release Dba Main Frame Outfitters of Liability shall be deemed to be severable Ohio By: Xxxxxxx Xxxxxx or invalidXxxxxx Xxxxxxxx I HAVE CAREFULLY READ, or if any termCLEARLY UNDERSTAND, conditionAND VOLUNTARILY SIGN THE OUTFITTERS AGREEMENT AND THE WAIVER AND RELEASE AGREEMENT. CLIENT SIGNATURE(S): DATE: EMAIL: CLIENT ADDRESS(ES): Return signed contract to: Main Frame Outfitters XX Xxx 000 Xxxxxxx, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited. I, the undersigned participant, affirm that I am of the age of 18 years or older, and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free will.XX 00000

Appears in 1 contract

Samples: Main Frame Outfitters Agreement

Waiver and Release of Liability. In consideration of the risk of injury while participating in Online Coaching with Xxxxxx Xxxxx martial arts, yoga or other fitness training (the "Activity"), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Xxxxxx XxxxxZia Martial Arts, LLC, located at 000 Xxxx Xxxxxx Xxxx XxXxxxxx, ShelburneLas Cruces, Vermont 05482NM, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and affiliatesassigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity. I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY. I agree to indemnify and hold harmless Xxxxxx Xxxxx Zia Martial Arts, LLC against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Xxxxxx Xxxxx Zia Martial Arts, LLC incurs any of these types of expenses, I agree to reimburse Xxxxxx XxxxxZia Martial Arts, LLC. I acknowledge that Xxxxxx Xxxxx Zia Martial Arts, LLC and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Xxxxxx XxxxxZia Martial Arts, LLC. I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON'S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event. I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Xxxxxx Xxxxx ZIA MARTIAL ARTS, LLC AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Xxxxxx Xxxxx ZIA MARTIAL ARTS, LLC FOR PERSONAL INJURY OR PROPERTY DAMAGE. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Xxxxxx XxxxxZia Martial Arts, LLC, its agents, and employees. In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness. This Agreement was entered into at arm's-lengthIf I should require medical care or treatment, without duress or coercion, and is I agree to be interpreted financially responsible for any costs incurred as an agreement between two parties a result of equal bargaining strength. Both the Participant, , and Xxxxxx Xxxxx agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited. I, the undersigned participant, affirm that I am of the age of 18 years or older, and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orallysuch treatment. I am aware that this is a release of liability and a contract and understand that I am signing it of should carry my own free willhealth insurance. The enrollee attests that he/she is in good physical condition and has no known or suspected medical conditions that would preclude vigorous physical activity.

Appears in 1 contract

Samples: ziamartialarts.com

Waiver and Release of Liability. In consideration of the risk of injury while participating in Online Coaching with Xxxxxx Xxxxx and as consideration for the right being allowed to participate and be given permission to use the HELIUM property, facilities, and services, today and on all future dates, I, the HELIUM Guest, on behalf of myself, and/or on behalf of my minor child(ren)/xxxx(s), hereby agree to forever release, indemnify and discharge Helium on behalf of myself, my spouse, legal partner, my children, my parents, my guardians, heirs, assigns, personal representatives and estate, and all other persons and entities who could in the Activityany way represent me or act on my behalf as follows on behalf of myself, I herebymy spouse, for myselflegal partners, and/or on behalf of my minor child(ren)/xxxx(s), my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and assigns (hereafter referred to as Releasing Parties) do hereby waive any and all rightsrelease, claims or causes of action of any kind whatsoever arising out of my participation in the Activitywaive, discharge, and do hereby release and forever discharge Xxxxxx Xxxxxcovenant not to xxx Helium QC FEC, located at 000 Xxxxxx Xxxx Xx, Shelburne, Vermont 05482, and affiliates, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity. I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY LLC dba Helium Trampoline Park (INCLUDING PARALYSISHELIUM), ECONOMIC OR EMOTIONAL LOSSthe owners, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY. I agree to indemnify and hold harmless Xxxxxx Xxxxx against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Xxxxxx Xxxxx incurs any of these types of expenses, I agree to reimburse Xxxxxx Xxxxx. I acknowledge that Xxxxxx Xxxxx and their directors, officers, employees, volunteers, representatives independent contractors, equipment providers, property owners, and agents are not responsible for errors(hereafter referred to as Protected Parties) from liability from any and all claims arising from the ordinary negligence of HELIUM or other Protected Parties. Despite all known and unknown risks, omissionsI hereby expressly and voluntarily remise, acts or failures release, acquit, satisfy and forever discharge Helium and agree to act hold it harmless of any party or entity conducting a specific event or activity on behalf and from all, and all manner of Xxxxxx Xxxxx. I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON'S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic action and actions or omission(s), cause and cause of othersaction, including suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties covenants, contracts, controversies, agreement, promises, variances, trespasses, damages, judgments, executions, claims and demands whatsoever, in law or in equity, including, but not limited to, participantsany and all claims which allege negligent acts and/or omissions committed by Helium, volunteerswhether the action arises out of any damage, spectatorsloss, coachespersonal injury, event officials and event monitorsor death to me or my child(ren)/xxxx(s), and/or producers while participating in or as a result of participating in any of the eventACTIVITIES. I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Xxxxxx Xxxxx AND ALL OF ITS AFFILIATESThis Release of Liability is effective and valid regardless of whether the damage, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Xxxxxx Xxxxx FOR PERSONAL INJURY OR PROPERTY DAMAGE. To the extent that statute loss or case law does not prohibit releases for negligence, this release death is also for negligence a result of any act or omission on the part of Xxxxxx XxxxxHELIUM. This agreement applies to 1) personal injury (including death) from incidents or illnesses arising from participation in any HELIUM activity (including, its agentsbut not limited to, instruction, individual trampoline play, trampoline competition, classes, observation, individual use of facilities or equipment, offices, locker room area, and employeesall premises including the associated sidewalks and parking lots); and to 2) any and all claims resulting from the damage to, loss of, or theft of property. In ***** Indemnification Agreement: I, the event that I should require medical care or treatmentHELIUM Guest, I also agree to be financially responsible hold harmless, defend, and indemnify HELIUM and other Protected Parties (that is, defend and pay any judgment and costs, including investigation costs, attorney’s fees, and related expenses) from any and all claims and/or losses of Releasing Parties or others acting on my behalf (or my minor Guest’s behalf) arising from participation in HELIUM activities or presence on the premises, (including those arising from the inherent risks of the activity or the ordinary negligence of Protected Parties). I, the HELIUM Guest, further agree to hold harmless, defend, and indemnify HELIUM and other Protected Parties against any and all claims of co-participants, rescuers, and others arising from my conduct or the conduct of my minor Guest in HELIUM activities or from our presence at HELIUM. ***** Attorneys' Fees: I, the HELIUM GUEST, promise to indemnify HELIUM for any attorneys' fees and/or costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actionsenforce this agreement, neglect or recklessness, I acknowledge and agree to be held liable for any and including all costs associated with any actions collection efforts. Further, should any debt and/or judgment accrue in favor of neglect or recklessnessHELIUM, prejudgment and post-judgment interest shall accrue thereon at a rate of 18% per annum. This Agreement was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant, , and Xxxxxx Xxxxx agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited. I, the undersigned participant, affirm that I am of the age of 18 years or older, and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free will.*****

Appears in 1 contract

Samples: Participant Agreement

Waiver and Release of Liability. In consideration I acknowledge that volleyball or any sporting event is an extreme test of a person’s physical and mental limits and that my participation in a volleyball event can cause potential death, serious injury, or property damage. With a full understanding of the risk of injury while participating in Online Coaching with Xxxxxx Xxxxx and as consideration for the right to participate in the Activitypotential risks, I hereby, HEREBY ASSUME THE RISKS OF PARTICIPATING OR OFFICIATING IN A VOLLEYBALL EVENT. I hereby take the following action for myself, my heirs, executors, administrators, heirs, next of kin, successors and assigns: I WAIVE, or personal representativesRELEASE, knowingly and voluntarily enter into this waiver and release of liability and hereby waive AND DISCHARGE from any and all rights, claims or causes of action liabilities for death or personal injury or damages of any kind whatsoever arising kind, EXCEPT THAT WHICH IS THE RESULT OF GROSS NEGLIGENCE AND/OR WANTON MISCONDUCT OF PERSONS OR ENTITIES LISTED BELOW, which arise out of or relate to my participation in the Activity, and do hereby release and forever discharge Xxxxxx Xxxxx, located at 000 Xxxxxx Xxxx Xx, Shelburne, Vermont 05482, and affiliates, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related or my participation in any volleyball event, THE FOLLOWING PERSONS OR ENTITIES: Snake River Juniors Volleyball Club, USA Volleyball and its Regional Volleyball Associations (XXXX), tournament directors, sponsors, and the officers, directors, employees, representatives, and agents of any of the above; I AGREE NOT TO SUE any of the persons or entities listed above for any of the claims or liabilities that I have waived, released or discharged herein; and I INDEMNIFY AND HOLD HARMLESS the persons or entities mentioned above from any claims made or liabilities assessed against them as a result of my actions. Athlete/Player Name (Print) Athlete/Player Name (Signature) Date If applicant is under 18 years of age, a parent or guardian must execute, in addition to this Activitythe foregoing Waiver and Release, the following, for and on behalf of the minor. The undersigned parent and natural guardian or legal guardian of the applicant (________________________________________ [minor’s name]) executes the foregoing Waiver and Release for and on behalf of the minor named herein. I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISKhereby bind myself, the minor and all other assigns to the terms of the Waiver and Release. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITYrepresent that I have legal capacity and authority to act for and on behalf of the minor named herein, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY. and I agree to indemnify and hold harmless Xxxxxx Xxxxx against any the persons or entities named in the Waiver and all claims, suits or actions of any kind whatsoever Release for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Xxxxxx Xxxxx incurs any of these types of expenses, I agree to reimburse Xxxxxx Xxxxx. I acknowledge that Xxxxxx Xxxxx and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Xxxxxx Xxxxx. I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON'S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event. I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Xxxxxx Xxxxx AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Xxxxxx Xxxxx FOR PERSONAL INJURY OR PROPERTY DAMAGE. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Xxxxxx Xxxxx, its agents, and employees. In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred liabilities assessed against them as a result of such treatmentany insufficiency of my legal capacity or authority to act for and on behalf of the minor in the execution of the Waiver and Release. I am aware and understand that I should carry fully consent to my own health insurancechild’s participation in USAV/XXXX events. In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness. This Agreement was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant, , and Xxxxxx Xxxxx agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited. I, the undersigned participant, affirm that I am of the age of 18 years or older, and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free will.Parent/Guardian Name (Print) Parent/Guardian Name (Signature) Date

Appears in 1 contract

Samples: Financial Agreement

Waiver and Release of Liability. In consideration for the privilege of the Participant’s participation in the Activities, the undersigned hereby RELEASES, DISCHARGES, COVENANTS NOT TO XXX, AND AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS RELEASEES from any and all liability, demands, losses, medical expenses, lost opportunities, damages or attorneys fees and costs stemming from any or all claims for negligence, expressed or implied warranty, contribution, and indemnity, and/or claims of negligent rescue operations, first aid, and emergency care, to the broadest extent permitted by applicable law suffered by the Participant incurred on his/her account with respect to the Participant’s personal injury and other injury or harm, disability, and/ or death, or property damage, arising directly or indirectly from the Participant’s participation in Activities, as caused or alleged to be caused in whole or in part by the Releasees or any of them, and further agrees that if, despite this release, the Participant or any other person makes a claim on the Participant’s behalf against any of the Releasees, THE UNDERSIGNED WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LIABILITY, LITIGATION EXPENSES, ATTORNEY FEES, LOSSES, DAMAGES OR COSTS ANY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM, WHETHER ASSERTED BY THE UNDERSIGNED, THE PARTICIPANT, OR ANOTHER PERSON. INITIAL HERE 5. COVID 19 Acknowledgment and Assumption of Risk. I acknowledge the contagious nature of the Coronavirus, hereby referred to as COVID-19, and that the CDC and many other public health authorities still recommend practicing social distancing. I further acknowledge that Releasees have put in place preventative measures to reduce the spread of COVID-19. I further acknowledge that Releasees cannot guarantee that I will not become infected with Covid-19. I understand that the risk of injury while participating in Online Coaching with Xxxxxx Xxxxx and as consideration for becoming exposed to and/or infected by COVID-19 may result from the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Xxxxxx Xxxxx, located at 000 Xxxxxx Xxxx Xx, Shelburne, Vermont 05482, and affiliates, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity. I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY. I agree to indemnify and hold harmless Xxxxxx Xxxxx against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Xxxxxx Xxxxx incurs any of these types of expenses, I agree to reimburse Xxxxxx Xxxxx. I acknowledge that Xxxxxx Xxxxx and their directors, officers, volunteers, representatives and agents are not responsible for errorsactions, omissions, acts or failures to act negligence of any party or entity conducting a specific event or activity on behalf of Xxxxxx Xxxxx. I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON'S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic myself and actions of others, including including, but not limited to, participantsuniversity staff, volunteersstudents, spectators, coaches, event officials and event monitors, and/or producers of the eventother university clients and their families. I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Xxxxxx Xxxxx AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Xxxxxx Xxxxx FOR PERSONAL INJURY OR PROPERTY DAMAGE. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Xxxxxx Xxxxx, its agents, voluntarily seek participation in Activity and employees. In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness. This Agreement was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant, , and Xxxxxx Xxxxx agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited. I, the undersigned participant, affirm that I am of the age of 18 years or older, and increasing my risk to exposure to COVID-19. I acknowledge that I am freely signing this agreementmust comply with all set procedures to reduce the spread while attending the Activity. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free will.INITIAL HERE

Appears in 1 contract

Samples: Suu Participation Agreement and Waiver And

Waiver and Release of Liability. In consideration of IN CONSIDERATION OF the risk of injury that exists while participating in Online Coaching with Xxxxxx Xxxxx BOAT RENTAL & WATER RELATED ACTIVITIES (hereinafter the "Activity"); and as consideration for IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in the Activity, same; Sample Contract Only I herebyHEREBY, for myself, my heirs, executors, administrators, assigns, or personal representativesrepresentatives (hereinafter collectively, "Releasor," "I" or "me", which terms shall also include Releasor's parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this waiver and release of liability WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, ; and do hereby I HEREBY release and forever discharge Xxxxxx XxxxxMOLLY'S PONTOON RENTALS, LLC, located at 000 0000 Xxxxxx Xxxx Xx000, ShelburneXxxxxxx, Vermont 05482Xxxxxxx 00000, and their affiliates, for managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively "Releasees"), from any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, injury that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity. I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL : PHY SICAL OR PSYCHOLOGICAL PSY CHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSISPARALY SIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVELTRAVEL TO AND FROM THE ACTIVITY, OR THE CONDITION OF FROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY. I agree FURTHER AGREE to indemnify indemnify, defend and hold harmless Xxxxxx Xxxxx the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Xxxxxx Xxxxx incurs any of these types of expenses, I agree to reimburse Xxxxxx Xxxxx. I acknowledge FURTHER ACKNOWLEDGE that Xxxxxx Xxxxx and their directors, officers, volunteers, representatives and agents Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Xxxxxx Xxxxx. I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON'S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event. I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Xxxxxx Xxxxx AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Xxxxxx Xxxxx FOR PERSONAL INJURY OR PROPERTY DAMAGE. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Xxxxxx Xxxxx, its agents, and employeesact. In the event that I should require medical care or treatment, I authorize any emergency personel/providers to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. In I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person's physical and mental limits and may carry with it the event that any damage to equipment or facilities occurs as a result of my or my family's willful actionspotential for death, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness. This Agreement was entered into at arm's-length, without duress or coercionserious injury, and is property loss. I agree not to be interpreted as an agreement between two parties of equal bargaining strength. Both participate in the Participant, , and Xxxxxx Xxxxx agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited. I, the undersigned participant, affirm that Activity unless I am of the age of 18 years or older, medically able and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free willassume all risks involved with activity.

Appears in 1 contract

Samples: Hold Harmless Agreement

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Waiver and Release of Liability. In consideration of the risk of injury while participating in Online Coaching with Xxxxxx Xxxxx dance and related performance activities (the “Activity”), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Xxxxxx Xxxxxmignolo, located at 000 Xxxx Xxx, Xxxxxxxx, Xxx Xxxxxx Xxxx Xx00000, Shelburnetheir affiliates, Vermont 05482managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and affiliatesassigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity. I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS THE ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN ON THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY. I agree to indemnify and hold harmless Xxxxxx Xxxxx mignolo against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's ’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Xxxxxx Xxxxx mignolo incurs any of these types of expenses, I agree to reimburse Xxxxxx Xxxxxmignolo. I acknowledge that Xxxxxx Xxxxx xxxxxxx and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Xxxxxx Xxxxxmignolo. I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON'S ’S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but by not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event. I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Xxxxxx Xxxxx mignolo AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Xxxxxx Xxxxx mignolo FOR PERSONAL INJURY OR PROPERTY DAMAGE. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Xxxxxx Xxxxxmignolo, its agents, and employees. In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. In the event that any damage to equipment or facilities occurs as a result of my or my family's ’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness. This The Agreement was entered into at arm'sarm’s-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant, , Participant and Xxxxxx Xxxxx mignolo agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited. I, the undersigned participant, affirm that I am of the age of 18 years or older, and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free will.Artist/Company Name Signature mignolo CEO Signature Event checklist:

Appears in 1 contract

Samples: Production Series Agreement

Waiver and Release of Liability. (must be signed to enter) Ride & Brew Tasting: $30.00 I, the undersigned, know that the Independence - BrewBQ & Bike Ride Too ("BBQBRT") is a potentially hazardous activity and I attend it out of my own free will and choice. In consideration of choosing to attend the risk of injury while participating in Online Coaching with Xxxxxx Xxxxx BBQBRT and as consideration for the right to participate in the Activityrelated events, I herebyfully accept and assume all risks, whether before, during or after the BBQBRT and its related events. I know and accept that biking and road accidents may result from the failure for myselfany reason (including negligence) of BBQBRT organizers, my heirssponsors, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver the government and release of liability and hereby private entities assisting with BBQBRT. I waive any and all rightsspecific notice of the existence of the risks. I shall assume and pay my own medical and emergency expenses in the event of injury, claims illness, or causes other incapacity regardless of action whether I authorized such expenses. I realize that the BBQBRT requires physical conditioning and I represent that I am in sound medical condition capable of any kind whatsoever arising out participating in the ride without risk to myself or others. I have no medical impediment which would endanger others or myself. I understand that a situation may arise during the BBRQBRT which may be beyond the control of the sponsors, promoters or organizers or may arise from negligence by them and accept and assume all risks of participation in BBQBRT. I will be solely responsible for the condition and adequacy of my bicycle, safety gear, and riding equipment. I will ride safely within the limits of my own abilities, my equipment and the riding conditions and in a manner so as not to endanger either myself or others. Knowing these facts and consideration of my entry acceptance, admission to and/or participation in the Activity, BBQBRT and do hereby release and forever discharge Xxxxxx Xxxxx, located at 000 Xxxxxx Xxxx Xx, Shelburne, Vermont 05482, and affiliates, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event its related to this Activity. I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESSevents, I ASSUME ALL RELATED RISKSfor myself and anyone acting on my behalf, BOTH KNOWN OR UNKNOWN TO MErelease, OF MY PARTICIPATION IN THIS ACTIVITYwaive, INCLUDING TRAVEL TOdischarge, FROM AND DURING THIS ACTIVITY. I covenant not to xxx and agree to indemnify hold the Independence Celebrations Committee, Inc., BrewBQ Committee, the City of Independence, Xxxxxxxx County, sponsors and hold participating clubs, other communities and organizations, ride officials, emergency and support personnel, volunteers, representatives and successors of all the above, harmless Xxxxxx Xxxxx against from any and all claims, suits or demands and actions of any and every kind whatsoever for liabilityI have, damagesmay have or may hereafter accrue against the released parties directly or indirectly arising out of or relating in any respect to my attending or participating in the BBQBRT, compensation and its related events. My waiver and release of all claims, demands, actions and liabilities shall include without limitation, any personal injury, accident, illness or otherwise brought death and any property damage or loss that may be (1) caused by any act, or failure to act, by the above-identified persons and entities, including without limitation, their negligence, errors, omissions, failure to enforce rules, and conditions of the routes and/or event premises, and/or (2) sustained by me before, during or anyone on my behalf, including attorney's fees after BBQBRT and any its related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Xxxxxx Xxxxx incurs any of these types of expenses, I agree to reimburse Xxxxxx Xxxxxevents. I acknowledge that Xxxxxx Xxxxx I am signing this agreement freely and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Xxxxxx Xxxxx. I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON'S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event. I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Xxxxxx Xxxxx AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Xxxxxx Xxxxx FOR PERSONAL INJURY OR PROPERTY DAMAGE. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Xxxxxx Xxxxx, its agentsvoluntarily, and employeesintend by my signature for this to be a complete and unconditional release of all liability to the greatest extent allowed by law. In the event that If I should require medical care am a minor, my parent or treatment, I guardian also is signing on my behalf and we both agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness. This Agreement was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant, , and Xxxxxx Xxxxx agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain bound by the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered intoagreement of waiver and release. In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the partiesWARNING-BBQBRT DOES NOT RECOMMEND ANY PARTICIPANTS TO CONSUME ANY ALCOHOLIC BEVERAGES PRIOR TO PARTICIPATING IN THE BIKE RIDE. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited. I, the undersigned participant, affirm that I am of the age of 18 years or older, and that I am freely signing this agreementPARTICIPATING IN THE BIKE RIDE WHILE INTOXICATED COULD CAUSE SERIOUS INJURY OR DEATH. I certify that I have read this agreementHAVE READ THIS AGREEMENT, that I fully understand its content and that this release cannot be modified orallyWAIVER AND RELEASE, UNDERSTAND IT AND VOLUNTARILY AGREE TO AND ACCEPT ITS TERMS. I am aware that this is a release of liability and a contract and that UNDERSTAND I am signing it of my own free will.AM GIVING UP SUBSTANTIAL RIGHTS. Print Name _ Date _

Appears in 1 contract

Samples: Registration Agreement

Waiver and Release of Liability. In consideration of the risk of injury while participating in Online Coaching with Xxxxxx Xxxxx Skiing, Snowboarding or any other FSM Club Activity, and as consideration for the right to participate in the Activity, I herebyhearby, for myself, my family, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever against the FSM club arising out of my participation in the any club Activity, and do hereby hearby release and forever discharge Xxxxxx Xxxxxthe FSM Club and its officers, located at 000 Xxxxxx Xxxxxxxxxxxxx, Xxx Xxxx Xx00000, Shelburnetheir affiliates, Vermont 05482managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and affiliatesassigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I or my family may suffer as a direct result of my participation in the aforementioned a FSM Club Activity, including traveling to and from an event related to this a FSM Club Activity. I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY. I agree to indemnify and hold harmless Xxxxxx Xxxxx the FSM Club and its officers against any and an all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's ’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Xxxxxx Xxxxx the FSM Club and its officers incurs any of these types of expenses, I agree to reimburse Xxxxxx Xxxxx. I acknowledge that Xxxxxx Xxxxx the FSM Club and their directors, its officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Xxxxxx Xxxxx. I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON'S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of othersundersigned agrees to assume full responsibility for any insurance, including but not limited tohealth insurance coverage, participantsfor self, volunteers, spectators, coaches, event officials spouse and event monitors, and/or producers of the eventany accompanying minors. I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Xxxxxx Xxxxx AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Xxxxxx Xxxxx FOR PERSONAL INJURY OR PROPERTY DAMAGE. To the extent The undersigned applicant also certifies that statute or case law does not prohibit releases for negligence, this release he/she is also for negligence on the part of Xxxxxx Xxxxx, its agents, and employees. In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness. This Agreement was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant, , and Xxxxxx Xxxxx agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited. I, the undersigned participant, affirm that I am of the age of least 18 years or older, and that I am freely signing this agreementof age. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free will.Guest (you) Signature: Date:

Appears in 1 contract

Samples: www.familyskimeisters.com

Waiver and Release of Liability. In consideration of IN CONSIDERATION OF the risk of injury that exists while participating in Online Coaching with Xxxxxx Xxxxx MASS VACCINE CLINICS (hereinafter the "Activity"); and as consideration for IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in the Activity, same; I herebyHEREBY, for myself, my heirs, executors, administrators, assigns, or personal representativesrepresentatives (hereinafter collectively, "Releasor," "I" or "me", which terms shall also include Releasor's parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this waiver and release of liability WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, ; and do hereby I HEREBY release and forever discharge Xxxxxx XxxxxTACOMA-XXXXXX COUNTY HEALTH DEPARTMENT , located at 000 Xxxxxx Xxxx 0000 X X Xx, ShelburneXxxxxx, Vermont 05482Xxxxxxxxxx 00000, and their affiliates, for managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively "Releasees"), from any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, injury that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity. I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, : PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVELTRAVEL TO AND FROM THE ACTIVITY, OR THE CONDITION OF FROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY. MY VOLUNTEER SERVICES ARE GIVEN WITH HUMANITARIAN AND CHARITABLE REASONS AND ARE DONATED TO TPCHD WITHOUT EXPECTATION OF ANY COMPENSATION, INCLUDING TRAVEL TOSALARY, FROM AND DURING THIS ACTIVITYBENEFITS OR OTHER PAYMENT. I agree FURTHER AGREE to indemnify indemnify, defend and hold harmless Xxxxxx Xxxxx the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Xxxxxx Xxxxx incurs any of these types of expenses, I agree to reimburse Xxxxxx Xxxxx. I acknowledge FURTHER ACKNOWLEDGE that Xxxxxx Xxxxx and their directors, officers, volunteers, representatives and agents Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. In the event that I should require medical care or treatment, I authorize Tacoma-Xxxxxx Xxxxx. I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON'S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of othersCounty Health Department to provide all emergency medical care deemed necessary, including but not limited to, participantsfirst aid, volunteersCPR, spectatorsthe use of AEDs, coachesemergency medical transport, event officials and event monitorssharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, and/or producers serious injury, and property loss. I agree not to participate in the Activity unless I am medically able and properly trained, and I agree to abide by the decision of the eventTacoma-Xxxxxx County Health Department official or agent, regarding my approval to participate in the Activity. I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Tacoma-Xxxxxx Xxxxx County Health Department AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Tacoma-Xxxxxx Xxxxx County Health Department FOR PERSONAL INJURY OR PROPERTY DAMAGE. To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of Tacoma-Xxxxxx XxxxxCounty Health Department, its agents, and employees. In the event that I should require medical care or treatment, I agree that this Release shall be governed for all purposes by Washington law, without regard to be financially responsible for any costs incurred as a result conflict of such treatmentlaw principles. I am aware This Release supersedes any and understand that I should carry my own health insuranceall previous oral or written promises or other agreements. In the event that any damage to equipment or facilities occurs as a result of my or my family's or my agent's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness. This Agreement THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION. THIS AGREEMENT was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant, , __ __ ____ __ __ _ and Tacoma-Xxxxxx Xxxxx County Health Department agree that this Agreement agreement is clear and unambiguous as to its terms, and that no other evidence will shall be used or admitted to alter or explain the terms of this Agreementagreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited. In the event of an emergency, please contact the following person(s) in the order presented: Emergency Contact Contact Relationship Contact Telephone I, THE UNDERSIGNED PARTICIPANT, AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR OLDER, AND THAT I AM FREELY SIGNING THIS AGREEMENT. I CERTIFY THAT I HAVE READ THIS AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM SIGNING IT OF MY OWN FREE WILL. Participant's Name: Participant's Address: Signature: Date: PARENT / GUARDIAN WAIVER FOR MINORS In the undersigned participantevent that the participant is under the age of consent (18 years of age), affirm then this release must be signed by a parent or guardian, as follows: I HEREBY CERTIFY that I am the parent or guardian of the age of 18 years or older____ __ ____ __ _ , named above, and that I am freely signing do hereby give my consent without reservation to the foregoing on behalf of this agreementindividual. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free will.Parent / Guardian Name: Relationship to Minor: Signature:

Appears in 1 contract

Samples: Confidentiality Agreement

Waiver and Release of Liability. In consideration of the risk of injury while participating in Online Coaching with Xxxxxx Xxxxx a tour of facilities (the “Activity”) owned and operated by the Columbus Airport Commission, and as consideration for the right to participate in the Activity, I herebythis Waiver and Release of Liability (the “Agreement”) is executed this day of , for 20 , by (check one): □ , an individual over the age of eighteen (18) years who is participating in the Activity, on behalf of myself, my and all heirs, executors, administrators, assignssuccessors and assigns or anyone claiming on my behalf (collectively, or personal representativesthe “Participant”). □ , the adult parent/guardian of , a minor child under the age of eighteen (18) years who is participating in the Activity, on behalf of myself, said child and all heirs, executors, administrators, successors and assigns and anyone claiming on behalf of said child (collectively, the “Participant”). I hereby knowingly and voluntarily enter into this waiver Agreement and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, ; and do hereby release and forever discharge Xxxxxx Xxxxxthe Columbus Airport Commission, its members, agents, servants, employees, volunteers, successors and assigns (collectively, the "Commission"), located at 000 Xxxxxx 0000 Xxxx Xxxxx Xxxxx Xx., ShelburneColumbus, Vermont 05482Muscogee County, and affiliatesGeorgia, for from any physical or psychological injuryinjury to the Participant, including but not limited to illness, paralysis, death, damages, economical economic or emotional loss, that I may suffer be suffered as a direct result of my participation in the aforementioned Activity, including while traveling to and from an event related to this the Activity. The Participant is voluntarily participating in the Activity at Participant’s own risk. I have been advised that the activity will consist of demonstrations of firefighting equipment and a tour of the general aviation facility, including an aircraft hangar and the ramp area. I have been advised that aircraft will be located on the ramp area and that the Participant may encounter hazardous chemicals such as fuels and/or lubricants as well as be exposed to hazardous noise levels. The Participant assumes all related risks, both known or unknown, of my participation in the Activity, including travel to and from and during the Activity. I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK(on behalf of myself, and if a parent or guardian, on behalf of the Participant), hereby grant the Commission non-revocable permission to capture the Participant’s image and likeness in photographs, videotapes, motion pictures, recordings, or any other media (collectively “Images”). I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITYacknowledge that the Commission will own such Images and further grant permission to copyright, WHICH MAY INCLUDEdisplay, BUT ARE NOT LIMITED TOpublish, PHYSICAL OR PSYCHOLOGICAL INJURYdistribute, PAINuse, SUFFERINGmodify, ILLNESSprint and reprint such Images in any manner whatsoever related to the Commission’s business, DISFIGUREMENTincluding without limitation, TEMPORARY OR PERMANENT DISABILITY publications, advertisements, brochures, web site images, or other electronic displays and transmissions thereof. I further waive any right to inspect or approve the use of the Image by the Commission prior to its use. I (INCLUDING PARALYSISon behalf of myself, and if a parent or guardian, on behalf of the Participant), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY. I agree to indemnify and hold harmless Xxxxxx Xxxxx the Commission against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me Participant or anyone on my Participant’s behalf, including attorney's ’s fees and any related costs, if litigation arises pursuant to any claims made by me Participant or by anyone else acting on my Participant’s behalf. If Xxxxxx Xxxxx incurs any of these types of expenses, I agree to reimburse Xxxxxx Xxxxx. I acknowledge that Xxxxxx Xxxxx I have carefully read this Agreement and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Xxxxxx Xxxxxfully understand its contents. I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON'S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack understand and agree that no oral or written representations will alter the contents of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the eventthis Agreement. I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Xxxxxx Xxxxx AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Xxxxxx Xxxxx FOR PERSONAL INJURY OR PROPERTY DAMAGE. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Xxxxxx Xxxxx, its agents, and employees. In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness. This Agreement was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant, , and Xxxxxx Xxxxx agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language governed by and construed in accordance with the purposes for which it is entered into. In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent laws of the parties. If a court should find that any provision State of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited. I, the undersigned participant, affirm that I am Georgia (excluding conflict of the age of 18 years or older, and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free willlaws principles).

Appears in 1 contract

Samples: flightwayscolumbus.com

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