Common use of Waiver and Release of Liability Clause in Contracts

Waiver and Release of Liability. OVME, is not responsible for any injury or loss of property suffered by me while receiving treatment(s), participating in OVME activities, or while on the premises of OVME, for any reason whatsoever, whether resulting from the negligence of OVME., its agents, employees, independent contractors, representatives, or guests, members, customers, or any other person or entity. In consideration of my membership or for being allowed access to and / or to use OVME facilities and receive Treatment(s), I hereby WAIVE, COVENANT NOT TO XXX AND RELEASE ANY AND ALL CLAIMS which may be brought by me, my family, estate, heirs and/or assigns, against OVME, its owners, employees, representatives, independent contractors and/or agents from any and all present and future claims for loss, theft of my property, injury or damages to my person or property, personal injuries and/or death, which do or may exist, now or in the future, whether currently known or unknown, including but not limited to those which arise as a result of my membership, or arise in any way incidental to my membership, my use of the facilities and / or equipment of OVME, my receiving treatment(s), my participating or engaging in any OVME activity, activities or activities incidental thereto, and / or those which occur as a result of my presence on the premises, or which occur while I am on the premises of OVME, for any reason whatsoever, wherever, whenever or however same may occur and regardless and irrespective of whether such claims arise or arose as a result of my own negligence, the negligence of any other person or the negligence of OVME, or its owners, employees, representatives, independent contractors and/or agents, and will defend, and hold OVME, its owners, employees, representatives, independent contractors and/or agents harmless therefrom. I understand and agree that this Waiver and Release of Liability is intended to be as broad and inclusive as permitted by the laws of the State in which I am receiving OVME services and agree that if any portion hereof is held invalid, the remainder of the Waiver and Release of Liability will continue in full legal force and effect. I further agree that in the event I am not the prevailing party, I will be responsible for all reasonable attorneys’ fees, costs and expenses incurred by OVME, in the defense of or in relation to any such lawsuit. I affirm that I am of legal age and am freely signing this agreement. I have read this form and fully understand that by signing this, I am giving up legal rights and remedies that I might have now or in the future. Consumer’s Right of Cancellation during cooling period (3 days after signing): You may cancel this contract without any penalty or obligation within 3 business days from the above date, and receive a full refund of all payments made to the seller. You may also cancel this contract if upon a doctor’s order you cannot physically receive the services, or you may cancel the contract if the services cease to be offered as stated in the contract. If you cancel the contract for either of these reasons, the seller, (OVME), may keep only a portion of the contract price equal to a pro rata portion of the total price representing the proportion of services you used or completed, plus the cost to the seller of any related goods which you have consumed or retained. This contract or note is the future consumer services and puts all assignees on notice of the consumer’s right to cancel under Chapter 2-18, F.A.C. This Membership Agreement shall be enforceable by OVME, LLC and its subsidiaries and affiliates, including the legal entity that controls the studio with which the Member has entered into this Agreement.

Appears in 3 contracts

Samples: Ovme Studio Membership Agreement, Ovme Studio Membership Agreement, Ovme Studio Membership Agreement

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Waiver and Release of Liability. OVMEI, is not responsible for any injury or loss of property suffered by me while receiving treatment(s)hereby RELEASE, participating in OVME activities, or while on the premises of OVME, for any reason whatsoever, whether resulting from the negligence of OVME., its agents, employees, independent contractors, representatives, or guests, members, customers, or any other person or entity. In consideration of my membership or for being allowed access to and / or to use OVME facilities and receive Treatment(s), I hereby WAIVE, DISCHARGE AND COVENANT NOT TO XXX AND RELEASE ANY AND ALL CLAIMS which may be brought by meSUE, my familyXxxxxx Xxxxxx or Cloud Connections, estateTheir officers, heirs and/or assignsagents, against OVMEservants, its owners, employees, representatives, independent contractors and/or agents or employees (hereinafter referred to as RELEASEES) from any and all present liability, claims, demands, actions, and future claims for causes of action whatsoever arising out of or related to any loss, theft of my propertydamage, injury or damages to my person or propertyinjury, personal injuries and/or including death, which do that may be sustained by me, or may existany of the property belonging to me, now WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise, while participating in any Program, or while in, on or upon the future, whether currently known or unknownpremises where the Program is being conducted. I am fully aware of the risks involved and hazards connected to this Program, including but not limited to those which arise travel risks. I hereby elect to voluntarily participate in said Program with full knowledge that said Program may be hazardous to me and my property. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me, or any loss or damage to property owned by me, as a result of my membershipbeing engaged in such an activity, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or arise in otherwise. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any way incidental loss, liability, damage or costs, including court costs and attorney fees, that they may incur due to my membership, my use of the facilities and / or equipment of OVME, my receiving treatment(s), my participating or engaging participation in any OVME said activity, activities WHETHER CAUSED BY NEGLIGENCE OF RELEASEES or activities incidental theretootherwise. I also acknowledge that COVID-19 is an unprecedented illness that is currently a global issue related to travel. As such, I hereby agree to RELEASE, COVENANT NOT TO SUE, DISCHARGE, AND HOLD HARMLESS Xxxxxx Xxxxxx and / or those which occur as a result of my presence on the premises, or which occur while I am on the premises of OVME, for any reason whatsoever, wherever, whenever or however same may occur and regardless and irrespective of whether such Cloud Connections from all claims arise or arose as a result of my own negligence, the negligence of any other person or the negligence kind arising out of OVME, or its owners, employees, representatives, independent contractors and/or agents, and will defend, and hold OVME, its owners, employees, representatives, independent contractors and/or agents harmless therefromCOVID-19. I understand and agree It is my express intent that this Waiver and Release of Liability is intended to Agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as broad a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE the above-named RELEASEES. I hereby further agree that this Waiver of Liability and inclusive as permitted by Hold Harmless agreement shall be construed in accordance with the laws of the State in which of Texas. IN SIGNING THIS RELEASE, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waiver of Liability, understand it and sign voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am receiving OVME services at least (18) years of age and fully competent; and I execute this Release for full, adequate and complete consideration fully intending to be bound by same. I, , (printed name) fully understand and agree that if any portion hereof is held invalid, to the remainder of the Waiver and Release of Liability will continue in full legal force and effectabove terms. I further agree that in have also had the event I am not the prevailing party, I will be responsible for all reasonable attorneys’ fees, costs and expenses incurred by OVME, in the defense of or in relation opportunity to any such lawsuit. I affirm that I am of seek legal age and am freely counsel before signing this agreement. I have read this form and fully understand that by signing this, I am giving up legal rights and remedies that I might have now or in the future. Consumer’s Right of Cancellation during cooling period (3 days after signing): You may cancel this contract without any penalty or obligation within 3 business days from the above date, and receive a full refund of all payments made am agreeing to the seller. You may also cancel this contract if upon a doctor’s order you cannot physically receive the services, or you may cancel the contract if the services cease to be offered as stated in the contract. If you cancel the contract for either terms herein of these reasons, the seller, (OVME), may keep only a portion of the contract price equal to a pro rata portion of the total price representing the proportion of services you used or completed, plus the cost to the seller of any related goods which you have consumed or retained. This contract or note is the future consumer services and puts all assignees on notice of the consumer’s right to cancel under Chapter 2-18, F.A.C. This Membership Agreement shall be enforceable by OVME, LLC and its subsidiaries and affiliates, including the legal entity that controls the studio with which the Member has entered into this Agreementmy own free will.

Appears in 2 contracts

Samples: The Agreement, The Agreement

Waiver and Release of Liability. OVME, is not responsible In consideration of the risk of injury while participating in Volunteering for any injury or loss of property suffered by me while receiving treatment(s(the “Activity”), participating and as consideration of the right to participate in OVME activitiesthe Activity, I hereby, for myself, my heirs, my executors, administrators, or while on personal representatives, knowingly and willingly 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 premises of OVMEActivity. I hereby release and forever discharge Hog Haven Farm, located at 00000 X XX 00, Xxxx Xxxxx, XX 00000, its affiliates, members, managers, attorneys, staff, volunteers, or agents, for any reason whatsoever, whether resulting from the negligence of OVME., its agents, employees, independent contractors, representatives, physical or guests, members, customers, or any other person or entity. In consideration of my membership or for being allowed access to and / or to use OVME facilities and receive Treatment(s), I hereby WAIVE, COVENANT NOT TO XXX AND RELEASE ANY AND ALL CLAIMS which may be brought by me, my family, estate, heirs and/or assigns, against OVME, its owners, employees, representatives, independent contractors and/or agents from any and all present and future claims for loss, theft of my property, injury or damages to my person or property, personal injuries and/or death, which do or may exist, now or in the future, whether currently known or unknownpsychological 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 Activity, including any travel to or from an event related to this Activity. I am voluntarily participating in the Activity at my own risk. I am aware of the risks associated with traveling to and from, as well as participating in, the Activity, which may include physical injury, including pain, suffering, illness, temporary or permanent disfigurement or paralysis, or 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. Nonetheless, I assume all related risks, both known and unknown to me, of my participation in the Activity. I agree to indemnify and hold harmless Hog Haven Farm against any and all claims, suits, or actions or any kind for damages, liability, or compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees or any related costs, if litigation arises pursuant to any claims made by me or anyone else acting on my behalf. If Hog Haven Farm incurs any expenses of these types, I agree to reimburse Hog Haven Farm. I acknowledge that Hog Haven Farm and its directors, officers, members, volunteers, staff, agents, and representatives are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event on behalf of Hog Haven Farm. I acknowledge that this may involve a test of a person’s physical limits, and may carry potential for serious injury, property loss, or death. The risks may include, but are not limited to, those which arise caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, animals at the facility, vehicular traffic, and actions of others, including but not limited to volunteers, participants, event officials, 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 Hog Haven Farm and all of its affiliates, members, agents, staff, volunteers, attorneys, heirs, representatives, successors and assigns from any and all claims or causes of action. I agree to voluntarily give up or waive any rights that I otherwise have to bring a legal action against Hog Haven Farm for personal injury or property damage. In the event that I should require medical care or treatment, I agree to be financially responsible for all 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 membershipor my family’s willful actions, neglect or arise in recklessness, I acknowledge and agree to be held liable for any way incidental to my membership, my use and all costs associated with any actions of the facilities and / neglect or equipment of OVME, my receiving treatment(s), my participating recklessness. This Agreement was entered into without duress or engaging in any OVME activity, activities or activities incidental theretocoercion, and / or those which occur is to be interpreted as a result of my presence on an agreement between two parties at equal bargaining strength. Both the premisesparticipant, or which occur while I am on the premises of OVME, for any reason whatsoever, wherever, whenever or however same may occur and regardless and irrespective of whether such claims arise or arose as a result of my own negligence, the negligence of any other person or the negligence of OVME, or its owners, employees, representatives, independent contractors and/or agents, and will defend, and hold OVME, its owners, employees, representatives, independent contractors and/or agents harmless therefrom. I understand and Hog Haven Farm agree that this Waiver 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 the 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 is intended shall be deemed to be as broad and inclusive as permitted by the laws of the State in which I am receiving OVME services and agree that severable or invalid, or if any term, condition phrase or portion hereof is held invalidof this Agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of the Waiver and Release of Liability will continue this agreement shall remain in full legal force and effect, so long as the clause severed does not affect the intent of the parties. I further agree that In the event of an emergency, please contact the following person(s) in the event I am not order presented: Emergency Contact Contact Relationship Contact Telephone I, the prevailing partyundersigned participant, I will be responsible for all reasonable attorneys’ fees, costs and expenses incurred by OVME, in the defense of or in relation to any such lawsuit. I affirm that I am of legal the age of 18 years or older and that I am freely signing this agreementAgreement. I certify that I have read this form Agreement and that I fully understand its content. I agree that by signing this, this release cannot be modified orally. I am giving up legal rights aware that this is a release of liability and remedies a contract and that I might have now or in the future. Consumer’s Right am signing it of Cancellation during cooling period (3 days after signing): You may cancel this contract without any penalty or obligation within 3 business days from the above date, and receive a full refund of all payments made to the seller. You may also cancel this contract if upon a doctor’s order you cannot physically receive the services, or you may cancel the contract if the services cease to be offered as stated in the contract. If you cancel the contract for either of these reasons, the seller, (OVME), may keep only a portion of the contract price equal to a pro rata portion of the total price representing the proportion of services you used or completed, plus the cost to the seller of any related goods which you have consumed or retained. This contract or note is the future consumer services and puts all assignees on notice of the consumer’s right to cancel under Chapter 2-18, F.A.C. This Membership Agreement shall be enforceable by OVME, LLC and its subsidiaries and affiliates, including the legal entity that controls the studio with which the Member has entered into this Agreementmy own free will.

Appears in 2 contracts

Samples: Volunteer Agreement, Volunteer Agreement

Waiver and Release of Liability. OVME, is not responsible for any injury or loss of property suffered by me while receiving treatment(s), participating in OVME activities, or while on the premises of OVME, for any reason whatsoever, whether resulting from the negligence of OVME., its agents, employees, independent contractors, representatives, or guests, members, customers, or any other person or entity. In consideration of my membership or for being allowed access to and / or to use OVME facilities and receive Treatment(s), I hereby WAIVE, COVENANT NOT TO XXX SUE AND RELEASE ANY AND ALL CLAIMS which may be brought by me, my family, estate, heirs and/or assigns, against OVME, its owners, employees, representatives, independent contractors and/or agents from any and all present and future claims for loss, theft of my property, injury or damages to my person or property, personal injuries and/or death, which do or may exist, now or in the future, whether currently known or unknown, including but not limited to those which arise as a result of my membership, or arise in any way incidental to my membership, my use of the facilities and / or equipment of OVME, my receiving treatment(s), my participating or engaging in any OVME activity, activities or activities incidental thereto, and / or those which occur as a result of my presence on the premises, or which occur while I am on the premises of OVME, for any reason whatsoever, wherever, whenever or however same may occur and regardless and irrespective of whether such claims arise or arose as a result of my own negligence, the negligence of any other person or the negligence of OVME, or its owners, employees, representatives, independent contractors and/or agents, and will defend, and hold OVME, its owners, employees, representatives, independent contractors and/or agents harmless therefrom. I understand and agree that this Waiver and Release of Liability is intended to be as broad and inclusive as permitted by the laws of the State in which I am receiving OVME services and agree that if any portion hereof is held invalid, the remainder of the Waiver and Release of Liability will continue in full legal force and effect. I further agree that in the event I am not the prevailing party, I will be responsible for all reasonable attorneys’ fees, costs and expenses incurred by OVME, in the defense of or in relation to any such lawsuit. I affirm that I am of legal age and am freely signing this agreement. I have read this form and fully understand that by signing this, I am giving up legal rights and remedies that I might have now or in the future. Consumer’s Right of Cancellation during cooling period (3 days after signing): You may cancel this contract without any penalty or obligation within 3 business days from the above date, and receive a full refund of all payments made to the seller. You may also cancel this contract if upon a doctor’s order you cannot physically receive the services, or you may cancel the contract if the services cease to be offered as stated in the contract. If you cancel the contract for either of these reasons, the seller, (OVME), may keep only a portion of the contract price equal to a pro rata portion of the total price representing the proportion of services you used or completed, plus the cost to the seller of any related goods which you have consumed or retained. This contract or note is the future consumer services and puts all assignees on notice of the consumer’s right to cancel under Chapter 2-18, F.A.C. This Membership Agreement shall be enforceable by OVME, LLC and its subsidiaries parent companies, subsidiaries, and affiliates, including the legal entity that controls the studio with which the Member has entered into this Agreement.

Appears in 1 contract

Samples: Ovme Studio Membership Agreement

Waiver and Release of Liability. OVMEIn consideration of the risk of injury while attending Private Classes, is not responsible for any injury or loss of property suffered by me while receiving treatment(sGroup Classes, and Performances (the "Activities"), participating and as consideration for the right to participate in OVME activitiesthe Activities, I hereby, for myself, my heirs, executors, administrators, assigns, or while on 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 premises of OVMEActivities, and do hereby release and forever discharge XXXXX XXXXXXXX STUDIOS INC., located at 000 X 00XX XX 00XX XX, their affiliates, president, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, board members, successors and assigns, for any reason whatsoever, whether resulting from the negligence of OVME., its agents, employees, independent contractors, representatives, physical or guests, members, customers, or any other person or entity. In consideration of my membership or for being allowed access to and / or to use OVME facilities and receive Treatment(s), I hereby WAIVE, COVENANT NOT TO XXX AND RELEASE ANY AND ALL CLAIMS which may be brought by me, my family, estate, heirs and/or assigns, against OVME, its owners, employees, representatives, independent contractors and/or agents from any and all present and future claims for loss, theft of my property, injury or damages to my person or property, personal injuries and/or death, which do or may exist, now or in the future, whether currently known or unknownpsychological injury, including but not limited to illness, paralysis, death, damages, economic or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activities, including traveling to and from an event related to this Activities. I am voluntarily participating in the aforementioned Activities and I am participating in the Activities entirely at my own risk. I am aware of the risks associated with traveling to and from as well as participating in this Activities, 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 Activities’ location(s). Nonetheless, I assume all related risks, both known or unknown to me, of my participation in this Activities, including travel to, from and during this Activities. I agree to indemnify and hold harmless XXXXX XXXXXXXX STUDIOS INC. 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 XXXXX XXXXXXXX STUDIOS INC incurs any of these types of expenses, I agree to reimburse XXXXX XXXXXXXX STUDIOS INC. I acknowledge that XXXXX XXXXXXXX STUDIOS INC. and their president, board of 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 XXXXX XXXXXXXX STUDIOS INC. 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 which arise 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 XXXXX XXXXXXXX STUDIOS INC. and all of its affiliates, president, board of directors, 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 XXXXX XXXXXXXX STUDIOS INC. 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 XXXXX XXXXXXXX STUDIOS INC., 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 membershipor my family's willful actions, neglect or arise in recklessness, I acknowledge and agree to be held liable for any way incidental to my membershipand all costs associated with any actions of neglect or recklessness. This Agreement was entered into at arm's-length, my use of the facilities and / without duress or equipment of OVME, my receiving treatment(s), my participating or engaging in any OVME activity, activities or activities incidental theretocoercion, and / or those which occur is to be interpreted as a result an agreement between two parties of my presence on equal bargaining strength. Both the premises, or which occur while I am on the premises of OVME, for any reason whatsoever, wherever, whenever or however same may occur MYSELF and regardless and irrespective of whether such claims arise or arose as a result of my own negligence, the negligence of any other person or the negligence of OVME, or its owners, employees, representatives, independent contractors and/or agents, and will defend, and hold OVME, its owners, employees, representatives, independent contractors and/or agents harmless therefrom. I understand and XXXXX XXXXXXXX STUDIOS INC agree that this Waiver 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 is intended shall be deemed to be as broad and inclusive as permitted by the laws of the State in which I am receiving OVME services and agree that severable or invalid, or if any term, condition, phrase or portion hereof is held invalidof this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of the Waiver and Release of Liability will continue this agreement shall remain in full legal force and effect, so long as the clause severed does not affect the intent of the parties. I further agree If a court should find that in the event I am not the prevailing partyany provision of this agreement to be invalid or unenforceable, I will be responsible for all reasonable attorneys’ fees, costs and expenses incurred by OVME, in the defense of or in relation to any such lawsuit. I affirm that I am of legal age and am freely signing this agreement. I have read this form and fully understand but that by signing thislimiting said provision it would become valid and enforceable, I am giving up legal rights and remedies that I might have now or in the future. Consumer’s Right of Cancellation during cooling period (3 days after signing): You may cancel this contract without any penalty or obligation within 3 business days from the above date, and receive a full refund of all payments made to the seller. You may also cancel this contract if upon a doctor’s order you cannot physically receive the services, or you may cancel the contract if the services cease then said provision shall be deemed to be offered written, construed and enforced as stated in the contract. If you cancel the contract for either of these reasons, the seller, (OVME), may keep only a portion of the contract price equal to a pro rata portion of the total price representing the proportion of services you used or completed, plus the cost to the seller of any related goods which you have consumed or retained. This contract or note is the future consumer services and puts all assignees on notice of the consumer’s right to cancel under Chapter 2-18, F.A.C. This Membership Agreement shall be enforceable by OVME, LLC and its subsidiaries and affiliates, including the legal entity that controls the studio with which the Member has entered into this Agreementso limited.

Appears in 1 contract

Samples: dardogallettostudios.com

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Waiver and Release of Liability. OVME, The RESORT is not responsible for any injury or loss of property suffered by me while receiving treatment(s), participating in OVME activities, or while on the premises of OVME, the Resort for any reason whatsoever, whether resulting from the negligence of OVME.THE RESORT, its agents, employees, independent contractors, representatives, or guests, membersProperty Owners, customers, or any other person or entity (except when negligence has been proven in a court of law against the Resort its agents, employees, independent contractors, representatives, or guests, Property Owners, customers, or any other person or entity). In consideration of my membership Participation or for being allowed access to and / or to use OVME facilities and receive Treatment(s)the Resort facilities, I hereby WAIVE, COVENANT NOT TO XXX SUE AND RELEASE ANY AND ALL CLAIMS which may be brought by me, my family, estate, heirs and/or assigns, against OVMEthe RESORT, its owners, employees, representatives, independent contractors and/or agents from any and all present and future claims for loss, theft of my property, injury or damages to my person or property, personal injuries and/or death, which do or may exist, now or in the future, whether currently known or unknown, including but not limited to those which arise as a result of my membershipParticipation, or arise in any way incidental to my membershipParticipation, my use of the facilities and / or equipment of OVMEthe RESORT, my receiving treatment(s), my participating or engaging in any OVME activity, activities or activities incidental thereto, and / or those which occur as a result of my presence on the premises, or which occur while I am on the premises of OVME, the RESORT for any reason whatsoever, wherever, whenever or however same may occur and regardless and irrespective of whether such claims arise or arose as a result of my own negligence, the negligence of any other person or the negligence of OVMEthe RESORT, or its owners, employees, representatives, independent contractors and/or agents, (except when negligence has been proven in a court of law against the Resort its agents, employees, independent contractors, representatives, or guests, Property Owners, customers, or any other person or entity) and will defend, indemnify and hold OVMEthe RESORT, its owners, employees, representatives, independent contractors and/or agents harmless therefrom. I further agree to indemnify and hold harmless the RESORT, its owners, employees, independent contractors, representatives and/or agents, for any and all above referenced claims wherever, whenever or however same may occur, and regardless and irrespective of whether such claims arise or arose as a result of my own negligence, the negligence of any other person or the negligence of the RESORT, or its owners, employees, independent contractors, representatives and/or agents. I understand and agree that this Waiver and Release of Liability is intended to be as broad and inclusive as permitted by the laws of the State in which I am receiving OVME services of Florida and agree that if any portion hereof is held invalid, the remainder of the Waiver and Release of Liability will continue in full legal force and effect. I further agree and affirm that in the event a lawsuit is filed in relation or as a result of any injury or damages alleged to have arisen as a result of my Participation, or in any way incidental to my Participation, my use of the facilities and / or equipment of the RESORT, and / or as a result of my presence on the premises of the RESORT, or in relation thereto, the applicable law shall be the law of the State of Florida and the only venue in which such suit may be filed is in Charlotte County, the State of Florida. I further agree that in the event I am not the prevailing party, I will be responsible for all reasonable attorneys’ fees, costs and expenses incurred by OVMEthe RESORT, in the defense of or in relation to any such lawsuit. I affirm that I am of legal age and am freely signing this agreement. I have read this form and fully understand that by signing this, I am giving up legal rights and remedies that I might have now or in the future. Consumer’s Right of Cancellation during cooling period (3 days after signing): You may cancel this contract without any penalty or obligation within 3 business days from the above date, and receive a full refund of all payments made to the sellerRESORT. You may also cancel this contract if upon a doctor’s order you cannot physically receive the services, or you may cancel the contract if the services cease to be offered as stated in the contract. If you cancel the contract for either of these reasons, the seller, (OVME), RESORT may keep only a portion of the contract price equal to a pro rata portion of the total price representing the proportion of services you used or completed, plus the cost to the seller RESORT of any related goods which you have consumed or retained. This contract or note is the future consumer services and puts all assignees on notice of the consumer’s right to cancel under Chapter 2-18, F.A.C. This Membership Agreement shall be enforceable by OVME, LLC and its subsidiaries and affiliates, including the legal entity that controls the studio with which the Member has entered into this Agreement.F.A.C.

Appears in 1 contract

Samples: Property Owner Agreement

Waiver and Release of Liability. OVMEFor and in consideration of the opportunity to receive coaching services from the Coach and for other valuable consideration, the receipt and sufficiency of which is not responsible for any injury or loss of property suffered by me while receiving treatment(s), participating in OVME activities, or while on the premises of OVMEhereby acknowledged, for any reason whatsoeverand on behalf of myself (the Client) and my (the Client) personal representatives, whether resulting from family, heirs, successors, assigns and next of kin, I (the negligence of OVME.Client) do hereby fully and forever waive, release, discharge and covenant not to xxx Xxxxxxxxx Xxxxxx, A Simple Low Carb Life, A Magnificent Metamorphosis, its agentssuccessors, employees, independent contractors, representatives, or guests, members, customers, or any other person or entity. In consideration of my membership or for being allowed access to and / or to use OVME facilities and receive Treatment(s), I hereby WAIVE, COVENANT NOT TO XXX AND RELEASE ANY AND ALL CLAIMS which may be brought by me, my family, estate, heirs and/or assigns, against OVMEparents, its subsidiaries, affiliates, owners, employees, representatives, independent officers, agents, contractors and/or agents and directors (each considered one of the “Releasees” hereunder) from any and all present liability, actions, causes of action, suits, proceedings, controversies,damages, judgments, executions, claims and future claims for lossdemands whatsoever, theft of my propertyin law, injury equity or damages otherwise, that may arise and that may be caused or alleged to my person or propertybe caused, personal injuries and/or death, which do or may exist, now in whole or in part, by the futurenegligence or intentional conduct of one or more of the Releasees or otherwise, whether currently known or unknownincluding, including but not limited to, any claim of personal injury, medical complications, allergic reactions, death, property damage or failure to those which arise as a result of achieve my membership, or arise in any way incidental to my membership, my use of the facilities and / or equipment of OVME, my receiving treatment(s), my participating or engaging in any OVME activity, activities or activities incidental thereto, and / or those which occur as a result of my presence on the premises, or which occur while I am on the premises of OVME, for any reason whatsoever, wherever, whenever or however same may occur and regardless and irrespective of whether such claims arise or arose as a result of my own negligence, the negligence of any other person or the negligence of OVME, or its owners, employees, representatives, independent contractors and/or agents, and will defend, and hold OVME, its owners, employees, representatives, independent contractors and/or agents harmless therefromdesired health benefits. I understand and agree that (the Client) intend this Waiver and Release of Liability is intended to be as broad effective whether or not any accident, loss, damage,injury or death results from the negligence or intentional misconduct of one or more of the Releasees. I (the Client) agree that if, despite this Waiver and inclusive as permitted Release of Liability, I (the Client) or anyone on my behalf including, but not limited to, my (the Client) personal representatives, family, heirs, successors, assigns and/or next of kin, makes a claim or claims against any or all of the Releasees, I (the Client) will indemnify and hold the Releasees (or any one of them) harmless from any and all litigation expenses, attorney fees, claims, judgments, losses, liabilities, damages or costs which may be incurred by the laws Releasees (or any one of them) as a result of and/or in association with such claim or claims. I (the State in which I am receiving OVME services Client) have read and agree that if any portion hereof is held invalid, the remainder of the voluntarily sign this Waiver and Release of Liability will continue in full legal force and effectAgreement. I further agree that in This is the event I am not entire agreement of the prevailing party, I will be responsible for all reasonable attorneys’ fees, costs and expenses incurred by OVME, in the defense of or in relation to any such lawsuit. I affirm that I am of legal age and am freely signing this agreement. I have read this form and fully understand that by signing this, I am giving up legal rights and remedies that I might have now or in the future. Consumer’s Right of Cancellation during cooling period (3 days after signing): You may cancel this contract without any penalty or obligation within 3 business days from the above dateparties, and receive reflects a full refund complete understanding of all payments made the parties with respect to the seller. You may also cancel this contract if upon a doctor’s order you cannot physically receive the services, or you may cancel the contract if the services cease to be offered as stated in the contract. If you cancel the contract for either of these reasons, the seller, (OVME), may keep only a portion of the contract price equal to a pro rata portion of the total price representing the proportion of services you used or completed, plus the cost to the seller of any related goods which you have consumed or retainedsubject matter. This contract or note is agreement supersedes all prior written and oral representations. Our signatures on this agreement indicate full understanding of and agreement with the future consumer services and puts all assignees on notice of the consumer’s right to cancel under Chapter 2information outlined above. Client Signature Date Client Name Xxxxxxxxx Xxxxxx, PA-18C, F.A.C. This Membership Agreement shall be enforceable by OVME, LLC and its subsidiaries and affiliates, including the legal entity that controls the studio with which the Member has entered into this Agreement.MPAS Date A Simple Low Carb Life

Appears in 1 contract

Samples: Transformational Coaching Agreement

Waiver and Release of Liability. OVMEThis Waiver and Release of Liability Agreement (Waiver) is entered into by an adult Participant identified below in favor of Xxxxxx’x Haven for Children, is not responsible for any injury or loss of property suffered by me while receiving treatment(sInc. (CHC). Collectively and severally, participating in OVME activitiesadult Participant and his/her heirs, or while on successors, and assigns are hereinafter referred to as the premises of OVME, for any reason whatsoever, whether resulting from the negligence of OVME., its agents, employees, independent contractors, representatives, or guests, members, customers, or any other person or entityParticipant. In consideration of my membership or for being allowed access CHC permitting Participant to and / or to use OVME facilities and receive Treatment(s), I hereby WAIVE, COVENANT NOT TO XXX AND RELEASE ANY AND ALL CLAIMS which may be brought by me, my family, estate, heirs and/or assigns, against OVME, its owners, employees, representatives, independent contractors and/or agents from any and all present and future claims for loss, theft of my property, injury or damages to my person or property, personal injuries and/or death, which do or may exist, now or participate in the futureActivities, whether currently known or unknownParticipant agrees as follows: Participant understands that the activities and functions in which I participate (Activities), including but not limited to those which arise as any volunteer activities, community events and/or engaging in organizational functions and activities for nonprofit engagements or functions and fundraisers or other related activities on or off the premises, may be considered (but do not have to be) of a result of my membershipvolunteer nature, or arise for the benefit of a 501 c-3, and/ or dangerous and may cause grievous injuries, including bodily injury, damage to personal or real property, and/or death. I, on behalf of myself, my heirs, my assigns and next of kin, HEREBY WAIVE AND RELEASE, indemnify, hold harmless and forever discharge (CHC) and its agents, employees, officers, directors, affiliates, successors and assigns, of and from any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages and liabilities, of every kind and nature, whether known or unknown, in law or equity, that I ever had or may have, arising from or in any way incidental related to my membershipparticipation in the Activities conducted by, my use of the facilities and / or equipment of OVME, my receiving treatment(s), my participating or engaging in any OVME activity, activities or activities incidental thereto, and / or those which occur as a result of my presence on the premises, or which occur while I am on the premises of, or for the benefit of OVMECHC provided that this waiver of liability does not apply to any acts of gross negligence, for or intentional, willful or wanton misconduct. By this Waiver, I assume any reason whatsoeverrisk, whereverand take full responsibility and waive any claims of personal injury, whenever death or however same may occur damage to personal property against CHC associated with the Activities. Any dispute or claim arising out of or relating to this Waiver or breach thereof, the Activities, property damage (real or personal), personal injury (including death), or the scope, arbitrability, or validity of this arbitration agreement (Dispute) shall be brought by the parties in their individual capacity and regardless and irrespective of whether such claims arise or arose not as a result of my own negligenceplaintiff or class member in any purported class or representative capacity, and settled by binding arbitration before a single arbitrator administered by the negligence American Arbitration Association (AAA) per its Commercial Industry Arbitration Rules in effect at the time the demand for arbitration is filed. If the parties cannot agree upon an arbitrator, then either party may petition an appropriate court to appoint an arbitrator. Arbitration and the enforcement of any other person award rendered in the arbitration proceedings shall be subject to and governed by 9 U.S.C. § 1 et seq. Participant irrevocably grants CHC the right to use all or a portion of an image or video of Participant and their name and likeness in all forms and media including composite or modified representations for all purposes, including advertising and fundraising throughout the negligence of OVMEworld and in perpetuity. PARTICIPANT WAIVES THE RIGHT TO INSPECT OR APPROVE VERSIONS OF IMAGES OR VIDEOS USED FOR PUBLICATION OR THE WRITTEN COPY THAT MAY BE USED IN CONNECTION WITH THE IMAGES/VIDEOS. PARTICIPANT RELEASES CHC FROM ANY CLAIMS THAT MAY ARISE REGARDING THE USE OF PARTICIPANT’S STATEMENTS, or its ownersVIDEOS, employeesOR I MAGES INCLUDING ANY CLAIMS OF DEFAMATION, representativesINVASION OF PRIVACY, independent contractors and/or agentsRIGHTS OF PUBLICITY, and will defend, and hold OVME, its owners, employees, representatives, independent contractors and/or agents harmless therefromOR COPYRIGHT. I understand and agree Participant represents to CHC that this Waiver is a complete and Release of Liability final release and indemnity agreement, that Participant is intended to voluntarily entering into this Waiver, and no representations, promises, or statements made by CHC has influenced Participant in signing this Waiver. Participant agrees that this Waiver may only be as broad modified in writing, and inclusive as permitted by the laws that Participant is not relying on any statements or representations of the State in which I am receiving OVME services Protected Parties that are not expressly contained herein. This WAIVER AND RELEASE contains a binding agreement between both parties and agree that if supersedes any portion hereof is held invalid, the remainder of the Waiver and Release of Liability will continue in full legal force and effectprior written or verbal agreements between said parties. I further agree that in the event I am not the prevailing partyIN SIGNING THIS RELEASE, I will be responsible for all reasonable attorneys’ fees, costs and expenses incurred by OVME, in the defense of or in relation to any such lawsuit. I affirm that I am of legal age and am freely signing this agreement. ACKNOWLEDGE AND REPRESENT THAT I have read this form the foregoing Waiver, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully understand that by signing thiscompetent; and I execute this Release for full, I am giving up legal rights adequate and remedies that I might have now or in the future. Consumer’s Right of Cancellation during cooling period (3 days after signing): You may cancel this contract without any penalty or obligation within 3 business days from the above date, and receive a full refund of all payments made to the seller. You may also cancel this contract if upon a doctor’s order you cannot physically receive the services, or you may cancel the contract if the services cease complete consideration fully intending to be offered as stated in the contract. If you cancel the contract for either of these reasons, the seller, (OVME), may keep only a portion of the contract price equal to a pro rata portion of the total price representing the proportion of services you used or completed, plus the cost to the seller of any related goods which you have consumed or retained. This contract or note is the future consumer services and puts all assignees on notice of the consumer’s right to cancel under Chapter 2-18, F.A.C. This Membership Agreement shall be enforceable bound by OVME, LLC and its subsidiaries and affiliates, including the legal entity that controls the studio with which the Member has entered into this Agreementsame.

Appears in 1 contract

Samples: 4200 Keller Haslet

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