Common use of Assumption of Risk; Indemnification Clause in Contracts

Assumption of Risk; Indemnification. (a) None of Grantor, an Arena Party or their respective officers, owners, directors, managers, employees, and agents (collectively, the “Indemnitees”) will be liable to Member or responsible for, and Member for itself and each of Member’s Guests assumes, all risk for any loss, damage, or injury to any person or party or to any property of Member or Member’s Guests in or around the Arena arising out of, during, or related to their attendance at any Event/Game at the Arena resulting from any cause whatsoever, including, but not limited to, theft and vandalism, incidents involving other patrons, the consumption of alcoholic beverages by other patrons, injury from thrown or dropped objects, and spills of food or beverages, regardless of whether the personal injury or property damage was caused by or results from, in whole or in part, the negligence or other fault of any Indemnitee, whether sole, joint, active or passive, excepting only those damages, costs or expenses attributable to the gross negligence or willful misconduct of an Indemnitee. Member xxxxxx agrees to assume all responsibility and liability for the consumption of alcoholic beverages by Member and Member’s Guests in or around the Arena, and for the conduct and behavior of Member and Member’s Guests.

Appears in 2 contracts

Samples: Membership Agreement, Membership Agreement

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Assumption of Risk; Indemnification. (a) None of Grantor, an Arena Party or their respective officers, owners, directors, managers, employees, and agents (collectively, the “Indemnitees”) will be liable to Member or responsible for, and Member for itself and each of Member’s Guests assumes, all risk for any loss, damage, or injury to any person or party or to any property of Member or Member’s Guests in or around the Arena arising out of, during, or related to their attendance at any Event/Game at the Arena resulting from any cause whatsoever, including, but not limited to, theft and vandalism, incidents involving other patrons, the consumption of alcoholic beverages by other patrons, injury from thrown or dropped objects, and spills of food or beverages, regardless of whether the personal injury or property damage was caused by or results from, in whole or in part, the negligence or other fault of any Indemnitee, whether sole, joint, active or passive, excepting only those damages, costs or expenses attributable to the gross negligence or willful misconduct of an Indemnitee. Member xxxxxx hereby agrees to assume all responsibility and liability for the consumption of alcoholic beverages by Member and Member’s Guests in or around the Arena, and for the conduct and behavior of Member and Member’s Guests.

Appears in 2 contracts

Samples: Membership Agreement, Membership Agreement

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