Assumption of Risks. The Borrower assumes all risks of the acts or omissions of any beneficiary of any Letter of Credit or any transferee thereof with respect to its use of such Letter of Credit. Neither the Issuing Bank (except in the case of gross negligence or willful misconduct on the part of the Issuing Bank or any of its employees), its correspondents nor any Lender shall be responsible for the validity, sufficiency or genuineness of certificates or other documents or any endorsements thereon, even if such certificates or other documents should in fact prove to be invalid, insufficient, fraudulent or forged; for errors, omissions, interruptions or delays in transmissions or delivery of any messages by mail, telex, or otherwise, whether or not they be in code; for errors in translation or for errors in interpretation of technical terms; the validity or sufficiency of any instrument transferring or assigning or purporting to transfer or assign any Letter of Credit or the rights or benefits thereunder or proceeds thereof, in whole or in part, which may prove to be invalid or ineffective for any reason; the failure of any beneficiary or any transferee of any Letter of Credit to comply fully with conditions required in order to draw upon any Letter of Credit; or for any other consequences arising from causes beyond the Issuing Bank’s control or the control of the Issuing Bank’s correspondents. In addition, neither the Issuing Bank, the Administrative Agent nor any Lender shall be responsible for any error, neglect, or default of any of the Issuing Bank’s correspondents; and none of the above shall affect, impair or prevent the vesting of any of the Issuing Bank’s, the Administrative Agent’s or any Lender’s rights or powers hereunder or under the Letter of Credit Agreements, all of which rights shall be cumulative. The Issuing Bank and its correspondents may accept certificates or other documents that appear on their face to be in order, without responsibility for further investigation of any matter contained therein regardless of any notice or information to the contrary. In furtherance and not in limitation of the foregoing provisions, the Borrower agrees that any action, inaction or omission taken or not taken by the Issuing Bank or by any correspondent for the Issuing Bank in good faith in connection with any Letter of Credit, or any related drafts, certificates, documents or instruments, shall be binding on the Borrower and shall not put the Issuing Bank or its correspond...
Assumption of Risks. I am aware that skiing, snowboarding and participating in snow school lessons, clinics and sessions involve many risks, dangers and hazards including, but not limited to: boarding, riding and disembarking ski lifts; changing weather conditions; avalanches; exposed rock, earth, ice, and other natural objects; trees, tree xxxxx, tree stumps and forest deadfall; the condition of snow or ice on or beneath the surface; variations in the terrain which may create blind spots or areas of reduced visibility; variations in the surface or sub-surface, including changes due to man-made or artificial snow; variable and difficult conditions; streams, creeks, and exposed holes in the snow pack above streams or creeks; cliffs; crevasses; snowcat roads, road-banks or cut-banks; collision with lift towers, fences, snow making equipment, snow grooming equipment, snowcats, snowmobiles or other vehicles, equipment or structures; encounters with domestic and wild animals including dogs and bears; collision with other persons; loss of balance or control; slips, trips and falls; accidents during snow school lessons; infectious disease contracted through viruses, bacteria, parasites, and fungi which may be transmitted through direct or indirect contact; negligent first aid; failure to act safely or within one’s own ability or to stay within designated areas; negligence of other persons; and NEGLIGENCE ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE. I am also aware that the risks, dangers and hazards referred to above exist throughout and beyond the ski area and that many hazards are unmarked. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
Assumption of Risks. I understand and acknowledge that each participant chooses the level of participation they will give to the Activity and has the right and responsibility to limit their participation in the Activity if they have safety or other concerns. I understand that Loyola has not assessed my skill or fitness level prior to my participation in the Activity. I understand and acknowledge that participating in the Activity carries certain inherent dangers and hazards which cannot be totally eliminated, which could result in serious bodily injury, illness or disease, including permanent disability, paralysis or death. I further understand that those risks may include, but are not limited to, inclement weather; loss or damage to personal property; personal injury or accidents resulting from outdoor activities or physical exertion; the environmental risks described above; other unforeseeable acts of nature; physical contact with others; and the emotional effects of being in perceived risk. I understand that if I choose to participate in the Activity, I voluntarily assume all risks associated with such participation. General Release. I am aware that by signing this Agreement and participating in the Activity, I am waiving and releasing all claims arising out of such participation. In consideration for my voluntary participation in the Activity, including but not limited to the use of the Facilities, (a) I hereby assume all risks of injury, loss and damage that may result from my participation in the Activity; and (b) I agree to waive, indemnify, hold harmless, release and discharge Loyola, its affiliates and subsidiaries and their respective trustees, officers, employees, representatives, agents, volunteers, successors and assigns (“Releasees”) from any and all actions, causes of action, suits, claims, damages and expenses whatsoever for any injury, loss, damage, accident, inconvenience or expense, present or future, relating to or arising from my voluntary participation in the Activity. It is my express intent that this Agreement binds the members of my family and any of my heirs, assigns or personal representatives and is governed by the laws of the State of Illinois.
Assumption of Risks. The undersigned understands that Motorcycle Riding involves many inherent risks, hazards, and dangers which may cause injury, including death, to person and damage to property and that the Leased Property may include steep or rugged terrain and features that are both physically and technically challenging and will expose the rider to many risks, dangers, and hazards. These include but are not limited to: changing weather conditions; mechanical failure of equipment; risk of drowning; falls; loss of balance; high speed descents; difficulty or inability to control one’s speed and direction; rapid or uncontrolled acceleration on hills and inclines; extreme variation in terrain including steep or slippery sections, trees, roots, tree stumps, logs, cliffs, rocks, rock drops, loose gravel, holes, depressions, ditches, streams, and creeks; constructed feature such as bridges, fences, culverts, ramps, ladders, bumps, berms, jumps, and drops; collisions with natural and constructed objects, other motorcycle riders, vehicles, pedestrians, and spectators; encounters with domestic and wild animals, and insects; sunburn, heat stroke, heat exhaustion, or other conditions related to being outside; cuts, punctures, stings, bites, or any other injury including allergic reactions caused by or resulting from the presence of trees, plants, other vegetation, bees, wasps, spiders, or other insects; negligence of other riders or users of the Leased Property; and negligence on the part of the Releasees, including the failure on the part of the Releasees to safeguard or protect me from the risks, dangers, and hazards associated with the use of the Leased Property. The undersigned acknowledges that the risks, dangers and hazards of Motorcycle Riding are increased during races, competitions, and contests, due to the competitive nature of the activity and the fact that there will be other participants on the same area. The undersigned freely accepts and fully assumes all such risks, dangers, and hazards and the possibility of personal injury, death, property damage, or loss resulting there from.
Assumption of Risks. I understand that physical activity related to participation in Lifelong Learning Institute activities, by its very nature, carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. Some of these involve strenuous exertions of strength using various muscle groups, some involve quick movement involving speed and change of direction, and others involve sustained physical activity, which places stress on the cardiovascular system. The specific risks vary from one activity to another, but in each activity the risks range from: 1) minor injuries such as scratches, bruises, and sprains to 2) major injuries such as fractures, internal injuries, joint or back injuries, heart attacks, and concussions to 3) catastrophic injuries including paralysis and death. I understand that the University has advised me to seek the advice of my physician before participating in this activity. I understand that I have been advised to have health and accident insurance in effect and that no such coverage is provided for my by the University or the State of Wisconsin. I KNOW, UNDERSTAND, AND APPRECIATE THE RISKS THAT ARE INHERENT IN THE ABOVE-LISTED PROGRAMS AND ACTIVITIES. I HEREBY ASSERT THAT MY PARTICIPATION IS VOLUNTARY AND THAT I KNOWINGLY ASSUME ALL SUCH RISKS. Signature: Date:
Assumption of Risks. RELEASES Exhibitor expressly assumes all risks associated with, resulting from or arising in connection with Exhibitor’s participation or presence at the Event, including, without limitation, all risks of theft, loss, harm, damage or injury to the person (includ- ing death), property, business or profits of Exhibitor, whether caused by negligence, intentional act, accident, act of God or otherwise. Exhibitor has sole responsibility for its property or any theft, damage or other loss to such property (whether or not stored in any courtesy storage area), including any subro- gation claims by its insurer. Neither Organizer nor the Exhibit Facility accepts responsibility, nor is a bailment created, for property delivered by or to Exhibitor. Neither Organizer nor the Exhibit Facility shall be liable for, and Exhibitor here by releases all of them from, and covenants not to sue any of them with respect, any and all risks, losses, damages and liabilities de- scribed in this paragraph.
Assumption of Risks. Notwithstanding the foregoing risks and the safety measures implemented by Urban Air, Participant acknowledges it is impossible to eliminate all risk of injury and understands the demands of the Activities relative to Participant’s physical condition and skill level. PARTICIPANT AFFIRMS THAT PARTICIPATION IN THE ACTIVITIES IS VOLUNTARY AND PARTICIPANT KNOWINGLY, WITH UNDERSTANDING OF THE RISKS AND POTENTIAL INJURIES, ASSUMES ALL RISKS INHERENT WITH THE ACTIVITIES AND ACCESS TO THE PREMISES.
Assumption of Risks. Resident ASSUMES ALL RISKS associated with use of the Property, and to the full extent permitted by law, agrees to hold harmless, release, defend and indemnify Owner and its affiliates, members, partners, officers, agents, management company and its and their respective employees (“Released Parties”) from all loss, liability and/or claims for injury, illness or death to persons or damage or theft to property arising in whole or in part from: (i) the negligent acts, omissions or intentional wrongdoing of Resident or his/her Guests; (ii) fire; or (iii) the use, occupancy, presence at or other interaction with the Property or any part or contents thereof, by Resident or his or her Guests, including without limitation those injuries and damages caused by a Released Party’s alleged or actual negligence or breach of any express or implied warranty. The Released Parties will not be liable for injury, damage or loss caused by criminal conduct of other persons, including theft, assault, vandalism or other acts of third parties. Resident agrees to indemnify each Released Party for any injuries to Resident or any Guest or other person or property that arises in connection with occupancy or use by Resident or any Guest of Resident. Resident further agrees to reimburse, indemnify and hold harmless Released Parties from any and all claims, lawsuits, actions, costs, damages (including liquidated damages as specified) or losses, including reasonable attorneys’ fees and costs and expenses, that a Released Party incurs or may incur as a result of any breach of this Agreement by Resident. The forgoing shall be binding to the fullest extent permitted by law.
Assumption of Risks. I am aware that by participating in the Project, I may be exposed to personal injury, illness, death or damage to my property as a result of my activities, the activities of other volunteers or the conditions under which my volunteer services are performed. I further understand and agree that by participating in the Project, that I may become exposed to biological and chemical hazards unique to the Project including, but not limited to, exposure to mold, mold spores, and chemicals used in the treatment and removal of mold and mold spores, and that exposure to mold and mold spores carries with it certain risks including, but are not limited to: allergic reactions, irritation associated with volatile organic compounds (VOCs), invasive disease, and mycotoxicosis. I acknowledge that (a) these risks are increased if I am elderly or suffer from immune system deficiencies due to disease, chemotherapy, or other causes, (b) infants are also susceptible to increased risks and (c) I should make every effort to avoid exposing family members to contaminated clothing or tools. With knowledge of these risks, I agree to accept any and all risks of personal injury, illness, death or damage to my property related to or arising out of my participation in the Project. I further assume the complete risk of any activity done (or not done) by me in violation of any rule or directive or instruction related to the Project.
Assumption of Risks. Physical activity and use of fitness equipment carry certain inherent risks that cannot be eliminated regardless of the care taken to avoid injury. The specific risks vary from one activity and piece of equipment to another, but the risks range from 1) minor injuries such as scratches, bruises, and sprains, to 2) major injuries such as eye injury, joint or bone injuries, heart attacks, and concussions, to 3) catastrophic injuries such as paralysis and death.
