Common use of Waiver; Release Clause in Contracts

Waiver; Release. Licensee, and all Licensee Persons (as defined in Section 3.3, above) do hereby RELEASE, WAIVE, ACQUIT, AND FOREVER DISCHARGE the Town of Addison, Texas and all other City Persons (as defined in Section 3.3, above) from, and COVENANT NOT TO XXX the Town of Addison, Texas or any other City Persons for, any and all claims, liability, judgments, lawsuits, demands, harm, losses, damages, proceedings, actions, causes of action, fees, fines, penalties, expenses, or costs (including, without limitation, attorneys fees and court costs) whatsoever for or related to any illness or injury of any kind or nature whatsoever (including, without limitation, death), or any damage to or destruction of any property, or any other harm or loss whatsoever, which Licensee and/or Licensee Persons may sustain or suffer in connection with or related to Licensee’s provision and conducting of the Services and/or its activities under or in connection with this Agreement, INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS WHICH ARISE FROM, OR ARE ALLEGED OR FOUND TO HAVE BEEN CAUSED BY, IN WHOLE OR IN PART, THE NEGLIGENCE OR GROSS NEGLIGENCE OF ANY CITY PERSON, OR CONDUCT BY ANY CITY PERSON THAT WOULD GIVE RISE TO STRICT LIABILITY OF ANY KIND. Licensee shall cause each Participant to sign an agreement with Licensee regarding the Participant’s participation in a Program, and each such agreement shall, in addition to any other terms or conditions thereof, include a similar provision as set forth above in this Section 3.4 whereby the Participant WAIVES, RELEASES, ACQUITS, AND FOREVER DISCHARGES the Town of Addison, Texas, its elected and appointed officials, and its officers, employees, agents, and representatives from, and covenants not to xxx the Town of Addison, Texas, its elected and appointed officials, and its officers, employees, agents, and representatives for, any and all claims, liability, judgments, lawsuits, demands, harm, losses, damages, proceedings, actions, causes of action, fees, fines, penalties, expenses, or costs (including, without limitation, attorneys fees and court costs) whatsoever for or related to any illness or injury of any kind or nature whatsoever (including, without limitation, death), or any damage to or destruction of any property, or any other harm or loss whatsoever, which the Participant may sustain or suffer in connection with or related to the Program and Licensee’s provision thereof, or to the Licensed Locations and condition thereof, INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS WHICH ARISE FROM, OR ARE ALLEGED OR FOUND TO HAVE BEEN CAUSED BY, IN WHOLE OR IN PART, THE NEGLIGENCE OR GROSS NEGLIGENCE OF ANY OF THE TOWN OF ADDISON, TEXAS, ITS ELECTED AND APPOINTED OFFICIALS, AND ITS OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES, OR CONDUCT BY ANY OF THE TOWN OF ADDISON, TEXAS, ITS ELECTED AND APPOINTED OFFICIALS, AND ITS OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES THAT WOULD GIVE RISE TO STRICT LIABILITY OF ANY KIND; and Licensor shall be a third party beneficiary of such provision and the agreement between Licensee and Participant shall so provide.

Waiver; Release. Licensee, and all Licensee Persons (as defined in Section 3.3, above) do hereby RELEASE, WAIVE, ACQUIT, AND FOREVER DISCHARGE the Town of Addison, Texas and all other City Persons (as defined in Section 3.3, above) from, and COVENANT NOT TO XXX SUE the Town of Addison, Texas or any other City Persons for, any and all claims, liability, judgments, lawsuits, demands, harm, losses, damages, proceedings, actions, causes of action, fees, fines, penalties, expenses, or costs (including, without limitation, attorneys fees and court costs) whatsoever for or related to any illness or injury of any kind or nature whatsoever (including, without limitation, death), or any damage to or destruction of any property, or any other harm or loss whatsoever, which Licensee and/or Licensee Persons may sustain or suffer in connection with or related to Licensee’s provision and conducting of the Services and/or its activities under or in connection with this Agreement, INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS WHICH ARISE FROM, OR ARE ALLEGED OR FOUND TO HAVE BEEN CAUSED BY, IN WHOLE OR IN PART, THE NEGLIGENCE OR GROSS NEGLIGENCE OF ANY CITY PERSON, OR CONDUCT BY ANY CITY PERSON THAT WOULD GIVE RISE TO STRICT LIABILITY OF ANY KIND. Licensee shall cause each Participant to sign an agreement with Licensee regarding the Participant’s participation in a Program, and each such agreement shall, in addition to any other terms or conditions thereof, include a similar provision as set forth above in this Section 3.4 whereby the Participant WAIVES, RELEASES, ACQUITS, AND FOREVER DISCHARGES the Town of Addison, Texas, its elected and appointed officials, and its officers, employees, agents, and representatives from, and covenants not to xxx sue the Town of Addison, Texas, its elected and appointed officials, and its officers, employees, agents, and representatives for, any and all claims, liability, judgments, lawsuits, demands, harm, losses, damages, proceedings, actions, causes of action, fees, fines, penalties, expenses, or costs (including, without limitation, attorneys fees and court costs) whatsoever for or related to any illness or injury of any kind or nature whatsoever (including, without limitation, death), or any damage to or destruction of any property, or any other harm or loss whatsoever, which the Participant may sustain or suffer in connection with or related to the Program and Licensee’s provision thereof, or to the Licensed Locations and condition thereof, INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS WHICH ARISE FROM, OR ARE ALLEGED OR FOUND TO HAVE BEEN CAUSED BY, IN WHOLE OR IN PART, THE NEGLIGENCE OR GROSS NEGLIGENCE OF ANY OF THE TOWN OF ADDISON, TEXAS, ITS ELECTED AND APPOINTED OFFICIALS, AND ITS OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES, OR CONDUCT BY ANY OF THE TOWN OF ADDISON, TEXAS, ITS ELECTED AND APPOINTED OFFICIALS, AND ITS OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES THAT WOULD GIVE RISE TO STRICT LIABILITY OF ANY KIND; and Licensor shall be a third party beneficiary of such provision and the agreement between Licensee and Participant shall so provide.

Waiver; Release. LicenseeI acknowledge that I am volunteering at, or for, the Event willingly and voluntarily, and all Licensee Persons (as defined in Section 3.3I assume full and sole responsibility for personal injury, above) do hereby RELEASEaccidents or illness, WAIVE, ACQUIT, AND FOREVER DISCHARGE the Town of Addison, Texas and all other City Persons (as defined in Section 3.3, above) fromincluding death, and COVENANT NOT TO XXX the Town of Addison, Texas or any other City Persons for, any and all claims, liability, judgments, lawsuits, demands, harm, losses, damages, proceedings, actions, causes of action, fees, fines, penalties, expenses, or costs (including, without limitation, attorneys fees and court costs) whatsoever for or related to any illness or injury of any kind or nature whatsoever (including, without limitation, death), or any damage to or destruction loss of any propertypersonal property while providing volunteer services. To the fullest extent permitted by law, or any other harm or loss whatsoeverI hereby release, which Licensee and/or Licensee Persons may sustain or suffer in connection with or related waive, indemnify, discharge, hold harmless, and covenant not to Licenseesue CAF, the Event’s provision sponsors, organizers, administrators and conducting vendors, each of the Services and/or its activities under or in connection with this Agreement, INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS WHICH ARISE FROM, OR ARE ALLEGED OR FOUND TO HAVE BEEN CAUSED BY, IN WHOLE OR IN PART, THE NEGLIGENCE OR GROSS NEGLIGENCE OF ANY CITY PERSON, OR CONDUCT BY ANY CITY PERSON THAT WOULD GIVE RISE TO STRICT LIABILITY OF ANY KIND. Licensee shall cause each Participant to sign an agreement with Licensee regarding the Participant’s participation in a Programtheir respective subsidiaries and affiliate entities, and each such agreement shallof their respective directors, in addition to any other terms or conditions thereofmembers, include a similar provision as set forth above in this Section 3.4 whereby the Participant WAIVES, RELEASES, ACQUITS, AND FOREVER DISCHARGES the Town of Addison, Texas, its elected and appointed officials, and its officers, employees, agents, and representatives frommanagers, and covenants not to xxx the Town of Addison, Texas, its elected and appointed officials, and its officers, employees, agentscontractors, and representatives for(collectively “Indemnified and Released Parties”) from, against and related to, any and all liabilities, losses, claims, liability, judgments, lawsuits, demands, harmliens, lossesand actions of any nature whatsoever, damagesincluding but not limited to attorney fees and defense costs (collectively “Liabilities”) arising out of, proceedings, actions, causes of action, fees, fines, penalties, expensesrelated to, or costs (including, without limitation, attorneys fees and court costs) whatsoever for or related to any illness or injury of any kind or nature whatsoever (including, without limitation, death), or any damage to or destruction of any property, or any other harm or loss whatsoever, which the Participant may sustain or suffer in connection with this Agreement and the Event. I further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or related territory of the United States that may be applicable with respect to the Program foregoing release are hereby expressly and Licensee’s provision thereofforever waived. I acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. The release, indemnification, hold harmless, waiver of claims, and defense obligations described herein extend, but are not limited to, Liabilities in favor of, claimed, demanded or brought by me, my heirs, personal representatives, and assigns, the Indemnified and Released Parties, or to third parties on account of injury, death, property damage, or other losses, now existing or arising in the Licensed Locations future. The provisions of this paragraph will survive termination or expiration of this Agreement, and condition thereof, INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS WHICH ARISE FROM, OR ARE ALLEGED OR FOUND TO HAVE BEEN CAUSED BY, IN WHOLE OR IN PART, THE NEGLIGENCE OR GROSS NEGLIGENCE OF ANY OF THE TOWN OF ADDISON, TEXAS, ITS ELECTED AND APPOINTED OFFICIALS, AND ITS OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES, OR CONDUCT BY ANY OF THE TOWN OF ADDISON, TEXAS, ITS ELECTED AND APPOINTED OFFICIALS, AND ITS OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES THAT WOULD GIVE RISE TO STRICT LIABILITY OF ANY KIND; I agree that this waiver and Licensor shall release may be a third party beneficiary of such provision and interpreted as broadly as permitted under the agreement between Licensee and Participant shall so provideapplicable state law where the Event is held.