Common use of WAIVER, RELEASE AND INDEMNIFICATION Clause in Contracts

WAIVER, RELEASE AND INDEMNIFICATION. I understand and acknowledge that the University of Utah ("University") is not an insurer of my behavior, actions or participation in the Program, and that the University assumes no liability whatsoever for personal injuries or property damages to me or to third persons arising out of my participation in the Program activities. I hereby agree to release, waive, covenant not to sue, indemnify and hold harmless the University, and all of their officers, employees and agents (collectively the "Releasees") from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me or loss or damage to any property belonging to me arising out of or related to participation in the above named Program, and excepting only such loss, damage or injury as may be caused by the sole negligence of any Releasee. The University of Utah recognizes the seriousness of concussions and head injuries and takes seriously its obligation to address concussions that occur during University sponsored activities. The Utah Protection of Athletes with Head Injuries Act requires “amateur sports organizations,” which may include the University of Utah, to adopt and enforce a concussion and head injury policy/guideline for minors who participate in a University of Utah sporting event. I understand the policy G1-015 located at xxxxx://xxxxxxxxxxx.xxxx.xxx/info/policyList.php. I do not have any health problems, including but not limited to heart or respiratory conditions that would prevent my safe participation in the Program. I have adequate health/medical insurance to cover the costs of treatment in the event of any injury (provide health insurance information above). I agree that the site of any lawsuit arising out of or related to participation in the Program shall be Utah and that this Agreement will be governed by and construed in accordance with the laws of the state of Utah, without application of any principles of choice of law. I shall pay any attorney fees or costs incurred by the University in enforcing this Agreement. If any portion of this Agreement is held to be invalid by a court of law, then it is agreed and intended that all the remainder shall, notwithstanding, continue in full force and effect. PARTICIPANT HAS CAREFULLY READ THESE TERMS AND FULLY UNDERSTANDS THEIR CONTENT AND IS AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN PARTICIPANT AND THE RELEASEES AND SIGNS IT OF HIS OR HER OWN FREE WILL. (Initial) I am signing this Agreement for myself as Participant. I acknowledge that I am at least eighteen (18) years of age and I understand the terms of this Agreement. I also acknowledge that this Agreement shall bind my heirs and personal representatives.

WAIVER, RELEASE AND INDEMNIFICATION. I understand Buyer hereby expressly waives and acknowledge that the University of Utah ("University") is not an insurer of my behavior, actions or participation in the Program, and that the University assumes no liability whatsoever for personal injuries or property damages to me or to third persons arising out of my participation in the Program activities. I hereby agree to release, waive, covenant not to sue, indemnify and hold harmless the University, and all of their officers, employees and agents (collectively the "Releasees") from forever releases any and all liabilityclaims that Buyer may now have or hereafter acquire against Seller arising in any manner from any matter covered by the provisions of Paragraph 7.1 or this Article 9, in particular, or from the Property, in general, whether related to the valuation of the Property; to any defect, error or omission in any Improvement; or to any other condition (including, without limitation, any environmental condition) affecting the Property, or otherwise, provided, however, that such waiver and release shall not apply to any matter against which Seller has expressly agreed to indemnify Buyer, as provided elsewhere in this Agreement, to any matter specified in Paragraphs 5.2.1, 7.2, 15.2 or 15.19. The foregoing release specifically includes any claim under any Environmental Laws. In addition, Buyer agrees to indemnify, defend (with counsel acceptable to Seller, in its discretion) and hold Seller harmless from and against, all costs, expenses, claims, demandsdamages, actions losses and causes liabilities (including attorneys’ fees in connection therewith) arising in any manner from, or related in any manner to, the activities of action whatsoever arising out of Buyer, its affiliates, agents, employees, representatives or contractors, on under, in around or related to the Property, including, without limitation, any losswhich arise from or relate to environmental contamination or any adverse physical condition of the Property, damageunless caused by the gross negligence or willful misconduct of Seller, its affiliates, agents or injury, including death, that may be sustained by me or loss or damage to any property belonging to me arising out of employees or related to participation the mere discovery, so long as there is no exasperation of, a pre-existing environmental or physical condition. Buyer shall execute and deliver to Seller, through Escrow, a Waiver, Release and Indemnification Agreement in the above named Programform of Exhibit “E” hereto, together with such other and excepting only such loss, damage or injury as may be caused by further documentation evidencing the sole negligence of any Releasee. The University of Utah recognizes the seriousness of concussions and head injuries and takes seriously its obligation to address concussions that occur during University sponsored activities. The Utah Protection of Athletes with Head Injuries Act requires “amateur sports organizations,” which may include the University of Utah, to adopt and enforce a concussion and head injury policy/guideline for minors who participate in a University of Utah sporting event. I understand the policy G1-015 located at xxxxx://xxxxxxxxxxx.xxxx.xxx/info/policyList.php. I do not have any health problems, including but not limited to heart or respiratory conditions that would prevent my safe participation in the Program. I have adequate health/medical insurance to cover the costs of treatment in the event of any injury (provide health insurance information above). I agree that the site of any lawsuit arising out of or related to participation in the Program shall be Utah and that this Agreement will be governed by and construed in accordance with the laws of the state of Utah, without application of any principles of choice of law. I shall pay any attorney fees or costs incurred by the University in enforcing this Agreement. If any portion foregoing provisions of this Agreement is held to be invalid by a court of law, then it is agreed and intended that all the remainder shall, notwithstanding, continue in full force and effectParagraph 9.2 as Seller may request. PARTICIPANT HAS CAREFULLY READ THESE TERMS AND FULLY UNDERSTANDS THEIR CONTENT AND IS AWARE THAT THIS IS BUYER EXPRESSLY WAIVES ANY RIGHTS AGAINST SELLER ARISING UNDER CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE OF LIABILITY AND A CONTRACT BETWEEN PARTICIPANT AND DOES NOT EXTEND TO CLAIMS WHICH THE RELEASEES AND SIGNS IT OF CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER OWN FREE WILL. (Initial) I am signing this Agreement for myself as Participant. I acknowledge that I am at least eighteen (18) years of age and I understand the terms of this Agreement. I also acknowledge that this Agreement shall bind my heirs and personal representativesFAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

WAIVER, RELEASE AND INDEMNIFICATION. I understand and acknowledge that the University of Utah ("University") Capstone Climbing and Adventure is not an insurer of my behavior, actions actions, or participation in the Programactivity, and that the University Capstone Climbing and Adventure nor its staff assumes no any liability whatsoever for personal injuries or property damages damage to me or to third persons arising out of my participation in the Program activitiesme. I hereby agree to release, waive, covenant not to suexxx, indemnify and hold harmless the UniversityCapstone Climbing and Adventure , and all of their officers, employees employees, and agents (collectively the "Releasees") from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, damage or injury, including death, that may be sustained by me or loss or damage to any property belonging to me arising out of or related to participation in the above named Program, activity and excepting only such loss, damage or injury as may be caused by the sole negligence of any Releasee. The University of Utah recognizes the seriousness of concussions and head injuries and takes seriously its obligation to address concussions that occur during University sponsored activities. The Utah Protection of Athletes with Head Injuries Act requires “amateur sports organizations,” which may include the University of Utah, to adopt and enforce a concussion and head injury policy/guideline for minors who participate in a University of Utah sporting event. I understand the policy G1-015 located at xxxxx://xxxxxxxxxxx.xxxx.xxx/info/policyList.phprelease. I do not have any health problems, including but not limited to heart or respiratory medical conditions that would prevent my safe participation in the Programthis activity. I have adequate health/medical health insurance to cover the costs of treatment in the event of any injury (provide health insurance information above)injury. I agree that the site of give permission to any lawsuit arising out of or related licensed medical personnel to participation perform any necessary medical treatment in the Program shall be Utah and event that this Agreement will be governed by and construed in accordance with the laws of the state of Utah, without application of any principles of choice of lawI am unable to speak for myself. I shall will pay any attorney fees or costs incurred by the University Capstone Climbing and Adventure in enforcing this Agreementagreement. If any portion of this Agreement agreement is held to be invalid by a court of law, then it is agreed and intended that all the remainder shall, notwithstanding, continue in full force and effect. PARTICIPANT HAS I HAVE CAREFULLY READ THESE TERMS AND FULLY UNDERSTANDS THEIR UNDERSTAND THE CONTENT AND IS AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN PARTICIPANT ME AND THE RELEASEES CAPSTONE CLIMBING AND SIGNS ADVENTURE AND SIGN IT OF HIS OR HER OWN MY FREE WILL. (Initial) I am signing this Agreement for myself as ACKNOWLEDGE THAT THIS AGREEMENT SHALL BIND MY HEIRS AND PERSONAL REPRESENTATIVES. Signature of Participant. I acknowledge that I am at least eighteen (18) years of age and I understand the terms of this Agreement. I also acknowledge that this Agreement shall bind my heirs and personal representatives.: Date: Emergency Contact Name: Emergency Contact Number(s):

WAIVER, RELEASE AND INDEMNIFICATION. I understand Landlord shall not provide any security services in connection with Tenant’s use of the Additional Space. Tenant accepts any and acknowledge that all risk of loss, vandalism, theft, injury or property damage resulting from or in connection with Tenant’s use of the University of Utah ("University") is not an insurer of my behavior, actions or participation in the ProgramAdditional Space, and that Tenant knowingly and willingly waives any Claims (defined below) against Landlord and/or Landlord Parties in connection with Tenant’s use of the University assumes no liability whatsoever for personal injuries or property damages to me or to third persons arising out of my participation in the Program activities. I hereby agree to release, waive, covenant not to sue, indemnify and hold harmless the UniversityAdditional Space, and all of their officers, employees Tenant releases Landlord and agents (collectively the "Releasees") Landlord Parties from any and all liabilityClaims, whether direct or indirect, whether known or unknown, and whether arising now or in the future. Tenant agrees that neither Landlord, nor any of Landlord Parties, shall be liable in any way for any Claims, and Tenant hereby agrees to indemnify, hold harmless and defend Landlord and Landlord Parties with competent counsel reasonable acceptable to Landlord from and against any Claims. As used in this paragraph, “Claims” means any and all damage, injury, losses, claims, demandsactions, actions and causes of action action, penalties, fees, expenses, costs (including reasonable attorneys’ fees) or any other liability whatsoever resulting from or arising out of Tenant’s use of the Additional Space or related failure to comply with the terms and conditions of this Amendment. Tenant warrants and represents that it is familiar with the provisions of California Civil Code Section 1542 and expressly waives and relinquishes any rights or benefits that it has or may have pursuant to that statute; provided, however, that the foregoing release and indemnification shall not apply to any loss, damage, or injury, including death, Claims that may be sustained by me arise solely as a result of Landlord’s gross negligence or loss or damage to any property belonging to me arising out of or related to participation in the above named Program, and excepting only such loss, damage or injury intentional misconduct which reads as may be caused by the sole negligence of any Releasee. The University of Utah recognizes the seriousness of concussions and head injuries and takes seriously its obligation to address concussions that occur during University sponsored activities. The Utah Protection of Athletes with Head Injuries Act requires “amateur sports organizations,” which may include the University of Utah, to adopt and enforce a concussion and head injury policy/guideline for minors who participate in a University of Utah sporting event. I understand the policy G1-015 located at xxxxx://xxxxxxxxxxx.xxxx.xxx/info/policyList.php. I do not have any health problems, including but not limited to heart or respiratory conditions that would prevent my safe participation in the Program. I have adequate health/medical insurance to cover the costs of treatment in the event of any injury (provide health insurance information above). I agree that the site of any lawsuit arising out of or related to participation in the Program shall be Utah and that this Agreement will be governed by and construed in accordance with the laws of the state of Utah, without application of any principles of choice of law. I shall pay any attorney fees or costs incurred by the University in enforcing this Agreement. If any portion of this Agreement is held to be invalid by a court of law, then it is agreed and intended that all the remainder shall, notwithstanding, continue in full force and effect. PARTICIPANT HAS CAREFULLY READ THESE TERMS AND FULLY UNDERSTANDS THEIR CONTENT AND IS AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN PARTICIPANT AND THE RELEASEES AND SIGNS IT OF HIS OR HER OWN FREE WILL. (Initial) I am signing this Agreement for myself as Participant. I acknowledge that I am at least eighteen (18) years of age and I understand the terms of this Agreement. I also acknowledge that this Agreement shall bind my heirs and personal representatives.follows:

WAIVER, RELEASE AND INDEMNIFICATION. I understand In consideration of being able to use the Facilities and acknowledge that the University of Utah ("University") is not an insurer of my behavior, actions or participation participate in the ProgramActivities during this time of the threat of COVID-19, I, for myself, the Participants, my heirs, personal representatives and that the University assumes no liability whatsoever for personal injuries or property damages to me or to third persons arising out of my participation in the Program activities. I assigns, do hereby agree to release, waive, discharge and covenant not to suesue the Swim Club, indemnify and hold harmless the UniversityFacilities, and all of their its directors, officers, employees employees, managing agents, volunteers, coaches and agents pool contractors (collectively the "Releasees"referred to as “Released Parties”) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of claims or related to any loss, damage, or injury, including death, that may be sustained by me or loss or damage to any property belonging to me arising out of or related to participation in the above named Program, and excepting only such loss, damage or injury as may be caused by the sole negligence of any Releasee. The University of Utah recognizes the seriousness of concussions and head injuries and takes seriously its obligation to address concussions that occur during University sponsored activities. The Utah Protection of Athletes with Head Injuries Act requires “amateur sports organizations,” which may include the University of Utah, to adopt and enforce a concussion and head injury policy/guideline for minors who participate in a University of Utah sporting event. I understand the policy G1-015 located at xxxxx://xxxxxxxxxxx.xxxx.xxx/info/policyList.php. I do not have any health problemsliabilities, including but not limited to heart or respiratory conditions that would prevent to, illness, personal injury (including death), and property loss, which may result from my safe use of the Facilities, participation in the ProgramActivities or arising from the negligence or fault of the Released Parties. I have adequate health/medical insurance further save and hold harmless and indemnify the Released Parties from any and all claims, actions, suites, damages and liabilities, including attorney’s fees, made as a result of my use of the Amenities, whether caused by the negligence of the Released Parties or otherwise and to cover reimburse the costs Released Parties for any such expenses incurred by them from my use of treatment the Facilities or participation in the event Activities. PARENT/GUARDIAN WAIVER FOR MINORS (Under the age of 18) The undersigned parent(s) or legal guardian(s) do hereby represent that he/she has consented to his/her child’s use of the Facilities and participation in the Activities, and has agreed on behalf of the child, to the terms of this waiver and release of liability and to save and hold harmless and indemnify the Released Parties from any injury (provide health insurance information above)and all claims, actions, suits, damages and liabilities, including attorney’s fees, made as a result of use of the Facilities or participation in the Activities, whether caused by the negligence of the Released Parties or otherwise and to reimburse the Released Parties for any such expenses incurred by them from the child’s use of the Facilities or participation in the Activities. I HAVE READ THIS DOCUMENT AND UNDERSTAND ITS TERMS. BY SIGNING THIS DOCUMENT, I AM WAIVING ANY RIGHT I OR MY CHILDREN OR GUESTS OR SUCCESSORS MIGHT HAVE TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST THE RELEASES PARTIES FOR ANY INJURY OR DEATH SUSTAINED. I HAVE SIGNED THIS FREELY AND VOLUNTARILY. I expressly agree that the site foregoing waiver and release of any lawsuit arising out liability, indemnity agreement and assumption of or related risk is intended to participation in be as broad and inclusive as is permitted by the Program shall be Utah law of the State of Indiana and that this Agreement will be governed by and construed in accordance with the laws of the state of Utah, without application of any principles of choice of law. I shall pay any attorney fees or costs incurred by the University in enforcing this Agreement. If if any portion of this Agreement thereof is held to be invalid by a court of lawinvalid, then it is agreed and intended that all the remainder balance shall, notwithstanding, continue in full legal force and effect. PARTICIPANT HAS CAREFULLY READ THESE TERMS AND FULLY UNDERSTANDS THEIR CONTENT AND IS AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN PARTICIPANT AND THE RELEASEES AND SIGNS IT OF HIS OR HER OWN FREE WILL. (Initial) I am signing this Agreement for myself as Participant. I acknowledge that I am at least eighteen (18) years of age and I understand the terms of this Agreement. I also acknowledge that this Agreement shall bind my heirs and personal representatives.

WAIVER, RELEASE AND INDEMNIFICATION. In consideration of Hutch’s Bicycles renting me the Equipment, I understand specifically release and acknowledge that the University of Utah ("University") is not an insurer of my behavior, actions or participation in the Program, and that the University assumes no liability whatsoever for personal injuries or property damages to me or to third persons arising out of my participation in the Program activities. I hereby agree to release, waive, covenant not to sue, indemnify and hold harmless the University, and forever discharge all of their officers, employees and agents (collectively the "Releasees") Hutch’s Parties from any and all liability, claims, demands, actions and causes of action of any nature whatsoever for injury, illness, death, or loss of or damage to property which I or any member of my family may suffer while renting the Equipment and participating in bicycling, and I hereby waive any rights to xxx or assert such claims or causes of action against all Hutch’s Parties. This discharge and release specifically includes, but is not limited to, liability or claims for injury, illness, death or damage caused by the negligence of a Hutch’s Party. I further agree to protect, defend, indemnify, and hold harmless all Hutch’s Parties, and to pay any claim, including attorneys’ fees, brought by a third party arising out of or related my use of the Equipment and for any liability associated with any personal accident and/or injury as a result of my use of the Equipment. I acknowledge that I have had the opportunity to review the waiver, release and indemnification in this Section with an attorney of my choosing if I so desire. I further acknowledge that I may request changes to the language of the waiver, release and indemnification by contacting Xxxx Xxxxxx, the attorney for Hutch’s Bicycles and request changes. Xx. Xxxxxx may be contacted by email at xxxxxx@xxxxxxxxxx.xxx and by telephone at (000)000-0000. This release will be construed broadly to provide release, waiver, and indemnification to the maximum extent permissible under applicable law. If any lossprovision is found to be void, damageinvalid, or injuryotherwise unenforceable as drafted, including death, that may such provision be sustained by me or loss or damage to any property belonging to me arising out of or related to participation in the above named Program, and excepting only such loss, damage or injury as may be caused by the sole negligence of any Releasee. The University of Utah recognizes the seriousness of concussions and head injuries and takes seriously its obligation to address concussions that occur during University sponsored activities. The Utah Protection of Athletes with Head Injuries Act requires “amateur sports organizations,” which may include the University of Utah, to adopt and enforce a concussion and head injury policy/guideline for minors who participate in a University of Utah sporting event. I understand the policy G1-015 located at xxxxx://xxxxxxxxxxx.xxxx.xxx/info/policyList.php. I do not have any health problems, including but not limited to heart or respiratory conditions that would prevent my safe participation in the Program. I have adequate health/medical insurance to cover the costs of treatment in the event of any injury (provide health insurance information above). I agree that the site of any lawsuit arising out of or related to participation in the Program shall be Utah and that this Agreement will be governed by amended and construed in accordance with a manner designed to effectuate the laws purposes of the state of Utah, without application of any principles of choice of provision to the fullest extent permitted by law. I If such provision cannot be so amended and construed, it shall pay any attorney fees or costs incurred by be severed, and the University in enforcing this Agreement. If any portion of this Agreement is held to be invalid by a court of law, then it is agreed remaining provisions shall remain unimpaired and intended that all the remainder shall, notwithstanding, continue in full force and effecteffect to the fullest extent permitted by law. PARTICIPANT HAS I HAVE CAREFULLY READ THESE TERMS THIS AGREEMENT AND FULLY UNDERSTANDS THEIR CONTENT UNDERSTAND ITS CONTENTS. I ACKNOWLEDGE THAT I HAVE OTHER ALTNERATIVES TO RENTING EQUIPMENT FROM HUTCH’S BICYCLES AND IS SUCH OTHER ALTERNATIVES MAY NOT REQUIRE THAT I WAIVE OR RELEASE CLAIMS AGAINST THE RENTER. I AM AWARE THAT THIS IS AGREEMENT CONTAINS A RELEASE OF LIABILITY AND IS A CONTRACT BETWEEN PARTICIPANT CONTRACT, THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS—BOTH INDIVIDUALLY AND THE RELEASEES ON BEHALF OF MY HEIRS, NEXT OF KIN AND SIGNS EXECUTORS— BY SIGNING IT, AND I SIGN IT OF HIS VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR HER OWN FREE WILL. (Initial) I am signing this Agreement for myself as ParticipantGUARANTY BEING MADE TO ME. I acknowledge that I am at least eighteen (18) years of age and I understand the terms of this Agreement. I also acknowledge that this Agreement shall bind my heirs and personal representativesINTEND THIS AGREEMENT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.