Common use of Waiver of Liability Clause in Contracts

Waiver of Liability. SOLELY AS BETWEEN TENANT AND MANAGER, AS LONG AS A PARTY AND ANY AFFILIATES REQUESTED BY SUCH PARTY ARE A NAMED INSURED OR ADDITIONAL INSURED UNDER THE OTHER PARTY’S INSURANCE POLICIES, OR THE POLICIES OTHERWISE PERMIT IF SUCH PARTY OR ITS AFFILIATES ARE NOT SO NAMED, SUCH PARTY HEREBY RELEASES THE OTHER PARTY, AND ITS AFFILIATES, AND ITS AND THEIR TRUSTEES, BENEFICIARIES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, AND THE SUCCESSORS AND ASSIGNS OF EACH OF THE FOREGOING, FROM ANY AND ALL LIABILITY FOR MONETARY RELIEF, DAMAGE, LOSS, COST OR EXPENSE INCURRED BY THE RELEASING PARTY, WHETHER OR NOT DUE TO THE NEGLIGENT OR OTHER ACTS OR OMISSIONS OF THE PERSONS SO RELEASED TO THE EXTENT SUCH LIABILITY, DAMAGE, LOSS, COST OR EXPENSE IS COVERED BY THE INSURANCE POLICIES OF THE RELEASING PARTY, BUT (OTHER THAN AS PROVIDED IN ARTICLE XIV) ONLY TO THE EXTENT OF INSURANCE PROCEEDS RECEIVED. FOR AVOIDANCE OF DOUBT, THE PARTIES ACKNOWLEDGE THAT THE PRECEDING PORTION OF THIS SECTION 12.2 SHALL NOT BE DEEMED TO VITIATE OR SUPERSEDE ANY OBLIGATIONS OF (x) LEASE GUARANTOR IN RESPECT OF THE GUARANTEED OBLIGATIONS OR OTHERWISE HEREUNDER AND/OR (y) TENANT UNDER THE LEASE, IN EACH CASE IN ACCORDANCE WITH THE TERMS HEREOF AND THEREOF.

Waiver of Liability. SOLELY AS BETWEEN TENANT MEMBER ACKNOWLEDGES THAT THE USE OF GOLD’S GYM’S FACILITIES, EQUIPMENT, MERCHANDISE, SERVICES AND MANAGERPROGRAMS (INCLUDING PERSONAL TRAINING) INVOLVES AN INHERENT RISK OF PERSONAL INJURY TO MEMBER AND MEMBER’S GUESTS AND INVITEES. MEMBER VOLUNTARILY AGREES TO ASSUME ALL RISKS OF PERSONAL INJURY TO MEMBER, AS LONG AS A PARTY MEMBER’S SPOUSE, CHILDREN, UNBORN CHILDREN, OTHER FAMILY MEMBERS, GUESTS OR INVITEES AND WAIVES ANY AND ALL CLAIMS OR ACTIONS THAT MEMBER MAY HAVE AGAINST GOLD’S GYM, ANY OF ITS PARENTS, SUBSIDIARIES OR OTHER AFFILIATES AND ANY AFFILIATES REQUESTED BY SUCH PARTY ARE A NAMED INSURED OR ADDITIONAL INSURED UNDER THE OTHER PARTY’S INSURANCE POLICIES, OR THE POLICIES OTHERWISE PERMIT IF SUCH PARTY OR ITS AFFILIATES ARE NOT SO NAMED, SUCH PARTY HEREBY RELEASES THE OTHER PARTY, AND ITS AFFILIATES, AND ITS AND OF THEIR TRUSTEES, BENEFICIARIESRESPECTIVE OFFICERS, DIRECTORS, OFFICERSEMPLOYEES, EMPLOYEES AND AGENTS, AND THE SUCCESSORS AND ASSIGNS FOR ANY SUCH PERSONAL INJURY (AND NO SUCH PERSON OR ENTITY SHALL BE LIABLE TO MEMBER, MEMBER’S SPOUSE, CHILDREN, UNBORN CHILDREN, OTHER FAMILY MEMBERS, GUESTS OR INVITEES FOR ANY SUCH PERSONAL INJURY), INCLUDING, WITHOUT LIMITATION: (I) INJURIES ARISING FROM USE OF EACH ANY EXERCISE EQUIPMENT, MACHINES AND TANNING BOOTHS OR PERSONAL TRAINING SERVICES; (II) INJURIES ARISING FROM PARTICIPATION IN SUPERVISED OR UNSUPERVISED ACTIVITIES AND PROGRAMS IN EXERCISE ROOMS, RUNNING TRACKS, SWIMMING POOLS, HOT TUBS, COURTS OR OTHER AREAS OF ANY GOLD’S GYM, (III) INJURIES ARISING FROM GOLD’S GYM’S NEGLIGENCE, WHETHER DIRECT OR INDIRECT; (IV) INJURIES, DISEASE, INFECTION OR MEDICAL DISORDERS RESULTING FROM EXERCISING AT ANY GOLD’S GYM, INCLUDING HEART ATTACKS, STROKES, HEAT STRESS, SPRAINS, BROKEN BONES AND TORN OR DAMAGED MUSCLES, LIGAMENTS OR TENDONS; AND (V) ACCIDENTAL INJURIES WITHIN ANY GOLD’S GYM FACILITIES, INCLUDING LOCKER ROOMS, STEAM ROOM, WHIRLPOOLS, HOT TUBS, SPAS, SAUNAS, SHOWERS AND DRESSING ROOMS. MEMBER ALSO WAIVES ALL CLAIMS AGAINST GOLD’S GYM, ANY OF ITS PARENTS, SUBSIDIARIES OR OTHER AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FOR ANY CLAIMS MEMBER MAY HAVE UNDER ANY OF THE FOREGOING, FROM ANY AND ALL LIABILITY FOR MONETARY RELIEF, DAMAGE, LOSS, COST OR EXPENSE INCURRED BY STATE’S CONSUMER PROTECTION STATUTES. THE RELEASING PARTY, WHETHER OR NOT DUE TO THE NEGLIGENT OR OTHER ACTS OR OMISSIONS OF THE PERSONS SO RELEASED TO THE EXTENT SUCH LIABILITY, DAMAGE, LOSS, COST OR EXPENSE IS COVERED BY THE INSURANCE POLICIES OF THE RELEASING PARTY, BUT (OTHER THAN AS PROVIDED IN ARTICLE XIV) ONLY TO THE EXTENT OF INSURANCE PROCEEDS RECEIVED. FOR AVOIDANCE OF DOUBT, THE PARTIES ACKNOWLEDGE THAT THE PRECEDING PORTION PROVISIONS OF THIS SECTION 12.2 PARAGRAPH SHALL NOT BE DEEMED TO VITIATE OR SUPERSEDE ANY OBLIGATIONS SURVIVE THE TERMINATION OF (x) LEASE GUARANTOR IN RESPECT OF THE GUARANTEED OBLIGATIONS OR OTHERWISE HEREUNDER AND/OR (y) TENANT UNDER THE LEASE, IN EACH CASE IN ACCORDANCE WITH THE TERMS HEREOF THIS AGREEMENT AND THEREOFMEMBER’S MEMBERSHIP.

Waiver of Liability. SOLELY AS BETWEEN TENANT AND MANAGER, AS LONG AS A PARTY YOU ACKNOWLEDGE THAT THE USE OF GOLD’S GYM’S FACILITIES (AND ANY AFFILIATES REQUESTED BY SUCH PARTY ARE A NAMED INSURED OR ADDITIONAL INSURED UNDER ACTIVITIES CONDUCTED OUTSIDE THE FOUR WALLS OF THE GYM, INCLUDING BUT NOT LIMITED TO PARKING LOTS AND OTHER PARTY’S INSURANCE POLICIESAREAS NEAR THE GYM, OR THE POLICIES OTHERWISE PERMIT IF SUCH PARTY OR ITS AFFILIATES ARE NOT SO NAMEDAT OFF-SITE BOOTCAMPS), SUCH PARTY HEREBY RELEASES THE OTHER PARTYEQUIPMENT, MERCHANDISE, SERVICES AND PROGRAMS (INCLUDING DIGITAL FITNESS SERVICES, PERSONAL AND GROUP TRAINING, BOOTCAMPS, AND FITNESS ASSESSMENT SERVICES) INVOLVES AN INHERENT RISK OF PERSONAL INJURY TO YOU AND YOUR GUESTS AND INVITEES. YOU VOLUNTARILY AGREE TO ASSUME ALL RISKS OF PERSONAL INJURY TO YOU, YOUR SPOUSE, CHILDREN, UNBORN CHILDREN, OTHER FAMILY MEMBERS, GUESTS OR INVITEES AND WAIVE ANY AND ALL CLAIMS OR ACTIONS THAT YOU MAY HAVE AGAINST GOLD’S GYM, ANY OF ITS AFFILIATESPARENTS, SUBSIDIARIES OR OTHER AFFILIATES AND ITS AND ANY OF THEIR TRUSTEES, BENEFICIARIESRESPECTIVE OFFICERS, DIRECTORS, OFFICERSEMPLOYEES, EMPLOYEES AND AGENTS, AND THE SUCCESSORS AND ASSIGNS FOR ANY SUCH PERSONAL INJURY (AND NO SUCH PERSON OR ENTITY SHALL BE LIABLE TO YOU, YOUR SPOUSE, CHILDREN, UNBORN CHILDREN, OTHER FAMILY MEMBERS, GUESTS OR INVITEES FOR ANY SUCH PERSONAL INJURY), INCLUDING, WITHOUT LIMITATION: (I) INJURIES ARISING FROM USE OF ANY EXERCISE EQUIPMENT, MACHINES, TANNING BOOTHS, AND GROUP EXERCISE (INCLUDING BOOTCAMP), DIGITAL, OR PERSONAL TRAINING SERVICES; (II) INJURIES ARISING FROM PARTICIPATION IN SUPERVISED OR UNSUPERVISED ACTIVITIES AND PROGRAMS IN EXERCISE ROOMS, RUNNING TRACKS, SWIMMING POOLS, HOT TUBS, COURTS, PARKS, PARKING GARAGES OR OTHER AREAS INSIDE OR OUTSIDE OF ANY GOLD’S GYM, (III) INJURIES ARISING FROM GOLD’S GYM’S NEGLIGENCE, WHETHER DIRECT OR INDIRECT; (IV) INJURIES, DISEASE, INFECTION OR MEDICAL DISORDERS RESULTING FROM EXERCISING INSIDE OR OUTSIDE OF ANY GOLD’S GYM, INCLUDING HEART ATTACKS, STROKES, HEAT STRESS, SPRAINS, BROKEN BONES AND TORN OR DAMAGED MUSCLES, LIGAMENTS OR TENDONS; (V) ACCIDENTAL INJURIES WITHIN OR OUTSIDE OF ANY GOLD’S GYM FACILITIES, INCLUDING LOCKER ROOMS, STEAM ROOM, WHIRLPOOLS, HOT TUBS, SPAS, SAUNAS, SHOWERS, DRESSING ROOMS AND OFF-SITE BOOTCAMP LOCATIONS; AND (VI) INJURIES ARISING FROM DISCLOSURE, TRANSMISSION, STORAGE, OR USE OF FITNESS ASSESSMENT SERVICES INFORMATION AND DATA DERIVED THEREFROM. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU ALSO WAIVE ALL CLAIMS AGAINST GOLD’S GYM, ANY OF ITS PARENTS, SUBSIDIARIES OR OTHER AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FOR ANY CLAIMS YOU MAY HAVE UNDER ANY OF THE STATE’S CONSUMER PROTECTION STATUTES. THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT AND YOUR MEMBERSHIP. KIDS CLUB WAIVER, ASSUMPTION OF RISK, RELEASE, AND INDEMNIFICATION AGREEMENT: YOU ACKNOWLEDGE THAT KIDS CLUB IS NOT A LICENSED CHILD CARE FACILITY, IS NOT REQUIRED TO BE LICENSED AS SUCH, AND THAT GOLD’S GYM’S TEAM MEMBERS MAY NOT HAVE CHILD CARE TRAINING. YOU FURTHER ACKNOWLEDGE THAT CHILD WILL BE INTERACTING WITH OTHER CHILDREN AND THAT ACCIDENTS SOMETIMES OCCUR. YOU ALSO ACKNOWLEDGE THAT USE OF GOLD’S GYM’S KIDS CLUB, INCLUDING THE ASSOCIATED FACILITIES, EQUIPMENT, SERVICES AND PROGRAMS INVOLVES AN INHERENT RISK OF PERSONAL INJURY AND YOU VOLUNTARILY AGREE TO ASSUME ALL RISKS OF PERSONAL INJURY TO CHILD AND WAIVE AND RELEASE ANY AND ALL CLAIMS OR ACTIONS THAT YOU OR CHILD MAY HAVE AGAINST GOLD’S GYM, ANY OF ITS PARENTS, SUBSIDIARIES, OR AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (THE “GOLD’S GYM PARTIES”) FOR ANY PERSONAL INJURY INCURRED WHILE IN OR AROUND ANY GOLD’S GYM FACILTY OR IN ANY WAY CONNECTED WITH KIDS CLUB, EVEN IF ARISING FROM THE DIRECT OR INDIRECT NEGLIGENCE OF THE GOLD’S GYM PARTIES. YOU, FOR CHILD AND YOURSELF AND ON BEHALF OF YOUR SPOUSE, OTHER FAMILY MEMBERS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN, HEREBY WAIVE, RELEASE, INDEMNIFY, HOLD HARMLESS, AND COVENANT NOT TO XXX EACH OF THE FOREGOINGGOLD’S GYM PARTIES, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, COSTS, EXPENSES, LOSSES, OR LIABILITY FOR MONETARY RELIEF, ARISING OUT OF OR RELATED TO ANY PROPERTY LOSS OR DAMAGE, LOSSINJURY, COST DISABILITY, DEATH OR EXPENSE INCURRED BY THE RELEASING PARTYLOSS OF ANY KIND THAT YOU OR CHILD MAY SUFFER, WHETHER ARISING FROM THE ACTIONS OR NOT DUE INACTION (INCLUDING NEGLIGENT ACTIONS OR INACTIONS) OF THE GOLD’S GYM PARTIES OR OTHERWISE (“CLAIMS”), TO THE NEGLIGENT FULLEST EXTENT PERMITTED BY LAW. IN THIS REGARD, YOU HEREBY AGREE TO HOLD THE GOLD’S GYM PARTIES HARMLESS AND INDEMNIFY AND DEFEND SAME AGAINST ANY AND ALL LIABILITIES, DAMAGES, LIENS, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR OTHER ACTS OR OMISSIONS OF IN CONNECTION WITH ANY SUCH CLAIMS. THE PERSONS SO RELEASED TO THE EXTENT SUCH LIABILITY, DAMAGE, LOSS, COST OR EXPENSE IS COVERED BY THE INSURANCE POLICIES OF THE RELEASING PARTY, BUT (OTHER THAN AS PROVIDED IN ARTICLE XIV) ONLY TO THE EXTENT OF INSURANCE PROCEEDS RECEIVED. FOR AVOIDANCE OF DOUBT, THE PARTIES ACKNOWLEDGE THAT THE PRECEDING PORTION PROVISIONS OF THIS SECTION 12.2 PARAGRAPH SHALL NOT BE DEEMED TO VITIATE OR SUPERSEDE ANY OBLIGATIONS SURVIVE THE TERMINATION OF (x) LEASE GUARANTOR IN RESPECT OF THE GUARANTEED OBLIGATIONS OR OTHERWISE HEREUNDER AND/OR (y) TENANT UNDER THE LEASE, IN EACH CASE IN ACCORDANCE WITH THE TERMS HEREOF THIS AGREEMENT AND THEREOFYOUR MEMBERSHIP.

Waiver of Liability. SOLELY AS BETWEEN TENANT AND MANAGER, AS LONG AS A PARTY AND ANY AFFILIATES REQUESTED BY SUCH PARTY ARE A NAMED INSURED OR ADDITIONAL INSURED TO THE FULLEST EXTENT PERMITTED UNDER THE OTHER PARTY’S INSURANCE POLICIES, OR THE POLICIES OTHERWISE PERMIT IF SUCH PARTY OR ITS AFFILIATES ARE NOT SO NAMED, SUCH PARTY HEREBY RELEASES THE OTHER PARTYLAW, AND ITS AFFILIATESIN CONSIDERATION OF THE OPPPORTUNITY TO RESIDE IN UNIVERSITY HOUSING, I, FOR MYSELF, MY HEIRS, PERSONAL REPRESENTATIVES OR ASSIGNS, DO HEREBY RELEASE, WAIVE, DISCHARGE, AND AGREE NOT TO ASSERT ANY LEGAL OR EQUITABLE CLAIM AGAINST THE UNIVERSITY AND ITS AND THEIR BOARD OF TRUSTEES, BENEFICIARIES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTSEMPLOYEES, AND THE SUCCESSORS AND ASSIGNS OF EACH OF THE FOREGOING, AGENTS (“RELEASEES”); I FURTHER AGREE TO RELEASE RELEASEES FROM ANY AND ALL LIABILITY FOR MONETARY RELIEFANY HARM, INJURY, DAMAGE, CLAIMS, DEMANDS OF ANY KIND, ACTIONS, CAUSES OF ACTION, COSTS AND EXPENSES ARISING FROM THE HOUSING AGREEMENT OR ANY SERVICES PROVIDED UNDER THE HOUING AGREEMENT THAT I MAY HAVE OR THAT HEREAFTER MAY ACCRUE TO ME, ARISING OUT OF ANY LOSS, COST OR EXPENSE INCURRED BY THE RELEASING PARTY, WHETHER OR NOT DUE TO THE NEGLIGENT OR OTHER ACTS OR OMISSIONS OF THE PERSONS SO RELEASED TO THE EXTENT SUCH LIABILITY, DAMAGE, LOSSINJURY, COST OR EXPENSE IS COVERED ILLNESS, INCLUDING DEATH, THAT MAY BE SUSTAINED BY ME, WHETHER CAUSED BY THE INSURANCE POLICIES NEGLIGENCE, MISFEASANCE, OR NONFEASANCE OF THE RELEASING PARTY, BUT (OTHER THAN AS PROVIDED IN ARTICLE XIV) ONLY TO THE EXTENT OF INSURANCE PROCEEDS RECEIVED. FOR AVOIDANCE OF DOUBT, THE PARTIES ACKNOWLEDGE THAT THE PRECEDING PORTION OF THIS SECTION 12.2 SHALL NOT BE DEEMED TO VITIATE OR SUPERSEDE ANY OBLIGATIONS OF (x) LEASE GUARANTOR IN RESPECT OF THE GUARANTEED OBLIGATIONS RELEASEES OR OTHERWISE HEREUNDER AND/WHILE ENGAGED IN ANY ACTIVITY OR (y) TENANT UNDER PROGRAM OFFERED BY THE LEASEUNIVERSITY. I FURTHER AGREE TO INDEMNIFY AND HOLD HARMLESS SAID PARTIES FROM ALL CLAIMS HEREAFTER MADE BY ME OR MY SPOUSE OR ON MY BEHALF BY MY PARENTS, IN EACH CASE IN ACCORDANCE WITH THE TERMS HEREOF AND THEREOFGUARDIANS, SPOUSE, HEIRS, EXECUTORS, OR ASSIGNS.

Waiver of Liability. SOLELY AS BETWEEN TENANT AND MANAGER, AS LONG AS A PARTY YOU ACKNOWLEDGE THAT THE USE OF GOLD’S GYM’S FACILITIES (AND ANY AFFILIATES REQUESTED BY SUCH PARTY ARE A NAMED INSURED OR ADDITIONAL INSURED UNDER ACTIVITIES CONDUCTED OUTSIDE THE FOUR WALLS OF THE GYM, INCLUDING BUT NOT LIMITED TO PARKING LOTS AND OTHER PARTY’S INSURANCE POLICIESAREAS NEAR THE GYM, OR THE POLICIES OTHERWISE PERMIT IF SUCH PARTY OR ITS AFFILIATES ARE NOT SO NAMEDAT OFF-SITE BOOTCAMPS), SUCH PARTY HEREBY RELEASES THE OTHER PARTYEQUIPMENT, MERCHANDISE, SERVICES AND PROGRAMS (INCLUDING DIGITAL FITNESS SERVICES, PERSONAL AND GROUP TRAINING, BOOTCAMPS, AND FITNESS ASSESSMENT SERVICES) INVOLVES AN INHERENT RISK OF PERSONAL INJURY TO YOU AND YOUR GUESTS AND INVITEES. YOU VOLUNTARILY AGREE TO ASSUME ALL RISKS OF PERSONAL INJURY TO YOU, YOUR SPOUSE, CHILDREN, UNBORN CHILDREN, OTHER FAMILY MEMBERS, GUESTS OR INVITEES AND WAIVE ANY AND ALL CLAIMS OR ACTIONS THAT YOU MAY HAVE AGAINST GOLD’S GYM, ANY OF ITS AFFILIATESPARENTS, SUBSIDIARIES OR OTHER AFFILIATES AND ITS AND ANY OF THEIR TRUSTEES, BENEFICIARIESRESPECTIVE OFFICERS, DIRECTORS, OFFICERSEMPLOYEES, EMPLOYEES AND AGENTS, AND THE SUCCESSORS AND ASSIGNS FOR ANY SUCH PERSONAL INJURY (AND NO SUCH PERSON OR ENTITY SHALL BE LIABLE TO YOU, YOUR SPOUSE, CHILDREN, UNBORN CHILDREN, OTHER FAMILY MEMBERS, GUESTS OR INVITEES FOR ANY SUCH PERSONAL INJURY), INCLUDING, WITHOUT LIMITATION: (I) INJURIES ARISING FROM USE OF ANY EXERCISE EQUIPMENT, MACHINES, TANNING BOOTHS, AND GROUP EXERCISE (INCLUDING BOOTCAMP), DIGITAL, OR PERSONAL TRAINING SERVICES; (II) INJURIES ARISING FROM PARTICIPATION IN SUPERVISED OR UNSUPERVISED ACTIVITIES AND PROGRAMS IN EXERCISE ROOMS, RUNNING TRACKS, SWIMMING POOLS, HOT TUBS, COURTS, PARKS, PARKING GARAGES OR OTHER AREAS INSIDE OR OUTSIDE OF ANY GOLD’S GYM, (III) INJURIES ARISING FROM GOLD’S GYM’S NEGLIGENCE, WHETHER DIRECT OR INDIRECT; (IV) INJURIES, DISEASE, INFECTION OR MEDICAL DISORDERS RESULTING FROM EXERCISING INSIDE OR OUTSIDE OF ANY GOLD’S GYM, INCLUDING HEART ATTACKS, STROKES, HEAT STRESS, SPRAINS, BROKEN BONES AND TORN OR DAMAGED MUSCLES, LIGAMENTS OR TENDONS; (V) ACCIDENTAL INJURIES WITHIN OR OUTSIDE OF ANY GOLD’S GYM FACILITIES, INCLUDING LOCKER ROOMS, STEAM ROOM, WHIRLPOOLS, HOT TUBS, SPAS, SAUNAS, SHOWERS, DRESSING ROOMS AND OFF-SITE BOOTCAMP LOCATIONS; AND (VI) INJURIES ARISING FROM DISCLOSURE, TRANSMISSION, STORAGE, OR USE OF FITNESS ASSESSMENT SERVICES INFORMATION AND DATA DERIVED THEREFROM. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU ALSO WAIVE ALL CLAIMS AGAINST GOLD’S GYM, ANY OF ITS PARENTS, SUBSIDIARIES OR OTHER AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FOR ANY CLAIMS YOU MAY HAVE UNDER ANY OF THE STATE’S CONSUMER PROTECTION STATUTES. THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT AND YOUR MEMBERSHIP. KIDS CLUB WAIVER, ASSUMPTION OF RISK, RELEASE, AND INDEMNIFICATION AGREEMENT: YOU ACKNOWLEDGE THAT KIDS CLUB IS NOT A LICENSED CHILD CARE FACILITY, IS NOT REQUIRED TO BE LICENSED AS SUCH, AND THAT GOLD’S GYM’S TEAM MEMBERS MAY NOT HAVE CHILD CARE TRAINING. YOU FURTHER ACKNOWLEDGE THAT CHILD WILL BE INTERACTING WITH OTHER CHILDREN AND THAT ACCIDENTS SOMETIMES OCCUR. YOU ALSO ACKNOWLEDGE THAT USE OF GOLD’S GYM’S KIDS CLUB, INCLUDING THE ASSOCIATED FACILITIES, EQUIPMENT, SERVICES AND PROGRAMS INVOLVES AN INHERENT RISK OF PERSONAL INJURY AND YOU VOLUNTARILY AGREE TO ASSUME ALL RISKS OF PERSONAL INJURY TO CHILD AND WAIVE AND RELEASE ANY AND ALL CLAIMS OR ACTIONS THAT YOU OR CHILD MAY HAVE AGAINST GOLD’S GYM, ANY OF ITS PARENTS, SUBSIDIARIES, OR AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (THE “GOLD’S GYM PARTIES”) FOR ANY PERSONAL INJURY INCURRED WHILE IN OR AROUND ANY GOLD’S GYM FACILTY OR IN ANY WAY CONNECTED WITH KIDS CLUB, EVEN IF ARISING FROM THE DIRECT OR INDIRECT NEGLIGENCE OF THE GOLD’S GYM PARTIES. YOU, FOR CHILD AND YOURSELF AND ON BEHALF OF YOUR SPOUSE, OTHER FAMILY MEMBERS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN, XXXXXX XXXXX, RELEASE, INDEMNIFY, HOLD HARMLESS, AND COVENANT NOT TO SUE EACH OF THE FOREGOINGGOLD’S GYM PARTIES, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, COSTS, EXPENSES, LOSSES, OR LIABILITY FOR MONETARY RELIEF, ARISING OUT OF OR RELATED TO ANY PROPERTY LOSS OR DAMAGE, LOSSINJURY, COST DISABILITY, DEATH OR EXPENSE INCURRED BY THE RELEASING PARTYLOSS OF ANY KIND THAT YOU OR CHILD MAY SUFFER, WHETHER ARISING FROM THE ACTIONS OR NOT DUE INACTION (INCLUDING NEGLIGENT ACTIONS OR INACTIONS) OF THE GOLD’S GYM PARTIES OR OTHERWISE (“CLAIMS”), TO THE NEGLIGENT FULLEST EXTENT PERMITTED BY LAW. IN THIS REGARD, YOU HEREBY AGREE TO HOLD THE GOLD’S GYM PARTIES HARMLESS AND INDEMNIFY AND DEFEND SAME AGAINST ANY AND ALL LIABILITIES, DAMAGES, LIENS, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR OTHER ACTS OR OMISSIONS OF IN CONNECTION WITH ANY SUCH CLAIMS. THE PERSONS SO RELEASED TO THE EXTENT SUCH LIABILITY, DAMAGE, LOSS, COST OR EXPENSE IS COVERED BY THE INSURANCE POLICIES OF THE RELEASING PARTY, BUT (OTHER THAN AS PROVIDED IN ARTICLE XIV) ONLY TO THE EXTENT OF INSURANCE PROCEEDS RECEIVED. FOR AVOIDANCE OF DOUBT, THE PARTIES ACKNOWLEDGE THAT THE PRECEDING PORTION PROVISIONS OF THIS SECTION 12.2 PARAGRAPH SHALL NOT BE DEEMED TO VITIATE OR SUPERSEDE ANY OBLIGATIONS SURVIVE THE TERMINATION OF (x) LEASE GUARANTOR IN RESPECT OF THE GUARANTEED OBLIGATIONS OR OTHERWISE HEREUNDER AND/OR (y) TENANT UNDER THE LEASE, IN EACH CASE IN ACCORDANCE WITH THE TERMS HEREOF THIS AGREEMENT AND THEREOFYOUR MEMBERSHIP.

Waiver of Liability. SOLELY AS BETWEEN TENANT AND MANAGER, AS LONG AS A PARTY AND EACH BORROWER (a) AGREES THAT NEITHER ADMINISTRATIVE AGENT NOR ANY AFFILIATES REQUESTED BY SUCH PARTY ARE A NAMED INSURED OR ADDITIONAL INSURED UNDER THE OTHER PARTY’S INSURANCE POLICIES, OR THE POLICIES OTHERWISE PERMIT IF SUCH PARTY OR ITS AFFILIATES ARE NOT SO NAMED, SUCH PARTY HEREBY RELEASES THE OTHER PARTY, AND ITS AFFILIATES, AND ITS AND THEIR TRUSTEES, BENEFICIARIES, LENDER (NOR ANY DIRECTORS, OFFICERS, EMPLOYEES AND AGENTSAGENTS OF ADMINISTRATIVE AGENT OR ANY LENDER) SHALL HAVE ANY LIABILITY TO ANY BORROWER (WHETHER SOUNDING IN TORT, AND THE SUCCESSORS AND ASSIGNS OF EACH OF THE FOREGOING, FROM ANY AND ALL LIABILITY CONTRACT OR OTHERWISE) FOR MONETARY RELIEF, DAMAGE, LOSS, COST LOSSES OR EXPENSE COSTS SUFFERED OR INCURRED BY ANY BORROWER IN CONNECTION WITH OR IN ANY WAY RELATED TO THE RELEASING PARTYTRANSACTIONS CONTEMPLATED OR THE RELATIONSHIP ESTABLISHED BY ANY LOAN DOCUMENT, OR ANY ACT, OMISSION OR EVENT OCCURRING IN CONNECTION HEREWITH OR THEREWITH, EXCEPT FOR FORESEEABLE ACTUAL LOSSES RESULTING DIRECTLY AND EXCLUSIVELY FROM ADMINISTRATIVE AGENT'S OR SUCH LENDER'S OWN GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD AND (b) WAIVES, RELEASES AND AGREES NOT TO XXX UPON ANY CLAIM AGAINST ADMINISTRATIVE AGENT OR ANY LENDER (OR THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS) WHETHER SOUNDING IN TORT, CONTRACT OR OTHERWISE, EXCEPT FOR CLAIMS FOR FORESEEABLE ACTUAL LOSSES RESULTING DIRECTLY AND EXCLUSIVELY FROM ADMINISTRATIVE AGENT'S OR SUCH LENDER'S OWN GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD. MOREOVER, WHETHER OR NOT DUE SUCH DAMAGES ARE RELATED TO A CLAIM THAT IS SUBJECT TO THE NEGLIGENT WAIVER EFFECTED ABOVE AND WHETHER OR OTHER ACTS NOT SUCH WAIVER IS EFFECTIVE, UNLESS ADMINISTRATIVE AGENT OR OMISSIONS ANY LENDER IS ADJUDGED TO BE GUILTY OF CRIMINAL CONDUCT THAT CAUSED SUCH DAMAGES, THEN NEITHER ADMINISTRATIVE AGENT NOR ANY LENDER (NOR ANY DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS OF ADMINISTRATIVE AGENT OR ANY LENDER) SHALL HAVE ANY LIABILITY WITH RESPECT TO (AND EACH BORROWER HEREBY WAIVES, RELEASES AND AGREES NOT TO XXX UPON ANY CLAIM FOR) ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR NON-FORESEEABLE DAMAGES SUFFERED BY ANY BORROWER IN CONNECTION WITH OR IN ANY WAY RELATED TO THE PERSONS SO RELEASED TRANSACTIONS CONTEMPLATED OR THE RELATIONSHIP ESTABLISHED BY ANY LOAN DOCUMENT, OR ANY ACT, OMISSION OR EVENT OCCURRING IN CONNECTION HEREWITH OR THEREWITH; AND IF ADMINISTRATIVE AGENT OR ANY LENDER IS ADJUDGED TO BE GUILTY OF SUCH CRIMINAL CONDUCT, THEN EACH BORROWER WILL BE ENTITLED TO THE TYPES OF COMPENSATION (INCLUDING, AS APPLICABLE AND APPROPRIATE, SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR NON-FORESEEABLE DAMAGES) AS AND TO THE EXTENT SUCH LIABILITY, DAMAGE, LOSS, COST OR EXPENSE IS COVERED BY THE INSURANCE POLICIES OF THE RELEASING PARTY, BUT (OTHER THAN AS PROVIDED IN ARTICLE XIV) ONLY TO THE EXTENT OF INSURANCE PROCEEDS RECEIVED. FOR AVOIDANCE OF DOUBT, THE PARTIES ACKNOWLEDGE THAT THE PRECEDING PORTION OF THIS SECTION 12.2 SHALL NOT BE DEEMED TO VITIATE OR SUPERSEDE ANY OBLIGATIONS OF (x) LEASE GUARANTOR IN RESPECT OF THE GUARANTEED OBLIGATIONS OR OTHERWISE HEREUNDER AND/OR (y) TENANT AVAILABLE UNDER THE LEASE, IN EACH CASE IN ACCORDANCE WITH THE TERMS HEREOF AND THEREOFAPPLICABLE LAW.

Waiver of Liability. SOLELY AS BETWEEN TENANT AND MANAGER, AS LONG AS A PARTY AND ANY AFFILIATES REQUESTED BY SUCH PARTY ARE A NAMED INSURED OR ADDITIONAL INSURED UNDER THE OTHER PARTY’S INSURANCE POLICIES, OR THE POLICIES OTHERWISE PERMIT IF SUCH PARTY OR ITS AFFILIATES ARE NOT SO NAMED, SUCH PARTY HEREBY RELEASES THE OTHER PARTY, AND ITS AFFILIATES, AND ITS AND THEIR TRUSTEES, BENEFICIARIES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, AND THE SUCCESSORS AND ASSIGNS OF EACH OF THE FOREGOING, FROM ANY AND ALL LIABILITY FOR MONETARY RELIEF, DAMAGE, LOSS, COST OR EXPENSE INCURRED BY THE RELEASING PARTY, WHETHER OR NOT DUE TO THE NEGLIGENT OR OTHER ACTS OR OMISSIONS OF THE PERSONS SO RELEASED TO THE EXTENT SUCH LIABILITY, DAMAGE, LOSS, COST OR EXPENSE IS COVERED BY THE INSURANCE POLICIES OF THE RELEASING PARTY, BUT (OTHER THAN AS PROVIDED IN ARTICLE XIV) ONLY TO THE EXTENT OF INSURANCE PROCEEDS RECEIVED. FOR AVOIDANCE OF DOUBT, THE PARTIES ACKNOWLEDGE THAT THE PRECEDING PORTION OF THIS SECTION 12.2 SHALL NOT BE DEEMED TO VITIATE OR SUPERSEDE ANY OBLIGATIONS OF (x) LEASE GUARANTOR IN RESPECT OF THE GUARANTEED OBLIGATIONS OR OTHERWISE HEREUNDER AND/OR (y) TENANT UNDER THE LEASE, IN EACH CASE IN ACCORDANCE WITH THE TERMS HEREOF AND THEREOF.OF

Waiver of Liability. SOLELY AS BETWEEN TENANT AND MANAGER, AS LONG AS A PARTY AND EACH BORROWER (A) AGREES THAT NEITHER ADMINISTRATIVE AGENT NOR ANY AFFILIATES REQUESTED BY SUCH PARTY ARE A NAMED INSURED OR ADDITIONAL INSURED UNDER THE OTHER PARTY’S INSURANCE POLICIES, OR THE POLICIES OTHERWISE PERMIT IF SUCH PARTY OR ITS AFFILIATES ARE NOT SO NAMED, SUCH PARTY HEREBY RELEASES THE OTHER PARTY, AND ITS AFFILIATES, AND ITS AND LENDER (NOR ANY OF THEIR TRUSTEES, BENEFICIARIES, DIRECTORS, OFFICERS, EMPLOYEES AND OR AGENTS) SHALL HAVE ANY LIABILITY TO ANY BORROWER (WHETHER SOUNDING IN TORT, AND THE SUCCESSORS AND ASSIGNS OF EACH OF THE FOREGOING, FROM ANY AND ALL LIABILITY CONTRACT OR OTHERWISE) FOR MONETARY RELIEF, DAMAGE, LOSS, COST LOSSES OR EXPENSE COSTS SUFFERED OR INCURRED BY ANY BORROWER IN CONNECTION WITH OR IN ANY WAY RELATED TO THE RELEASING PARTYTRANSACTIONS CONTEMPLATED OR THE RELATIONSHIP ESTABLISHED BY ANY LOAN DOCUMENT OR ANY INVESTMENT INSTRUMENT, OR ANY ACT, OMISSION OR EVENT OCCURRING IN CONNECTION HEREWITH OR THEREWITH, EXCEPT FOR FORESEEABLE ACTUAL LOSSES RESULTING DIRECTLY FROM ADMINISTRATIVE AGENT'S OR SUCH LENDER'S OWN GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD AND (B) WAIVES, RELEASES AND AGREES NOT TO XXX UPON ANY CLAIM AGAINST ADMINISTRATIVE AGENT OR ANY LENDER (OR THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS) WHETHER SOUNDING IN TORT, CONTRACT OR OTHERWISE, EXCEPT FOR CLAIMS FOR FORESEEABLE ACTUAL LOSSES RESULTING DIRECTLY FROM ADMINISTRATIVE AGENT'S OR SUCH LENDER'S OWN GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD. MOREOVER, WHETHER OR NOT DUE SUCH DAMAGES ARE RELATED TO A CLAIM THAT IS SUBJECT TO THE NEGLIGENT WAIVER EFFECTED ABOVE AND WHETHER OR OTHER ACTS NOT SUCH WAIVER IS EFFECTIVE, NEITHER ADMINISTRATIVE AGENT NOR ANY LENDER (NOR THEIR DIRECTORS, OFFICERS, EMPLOYEES OR OMISSIONS OF THE PERSONS SO RELEASED AGENTS) SHALL HAVE ANY LIABILITY WITH RESPECT TO (AND EACH BORROWER HEREBY WAIVES, RELEASES AND AGREES NOT TO XXX UPON ANY CLAIM FOR) ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR NON-FORESEEABLE DAMAGES SUFFERED BY ANY BORROWER IN CONNECTION WITH OR IN ANY WAY RELATED TO THE EXTENT SUCH LIABILITYTRANSACTIONS CONTEMPLATED OR THE RELATIONSHIP ESTABLISHED BY ANY LOAN DOCUMENT OR ANY INVESTMENT INSTRUMENT, DAMAGEOR ANY ACT, LOSS, COST OMISSION OR EXPENSE IS COVERED BY THE INSURANCE POLICIES OF THE RELEASING PARTY, BUT (OTHER THAN AS PROVIDED EVENT OCCURRING IN ARTICLE XIV) ONLY TO THE EXTENT OF INSURANCE PROCEEDS RECEIVED. FOR AVOIDANCE OF DOUBT, THE PARTIES ACKNOWLEDGE THAT THE PRECEDING PORTION OF THIS SECTION 12.2 SHALL NOT BE DEEMED TO VITIATE CONNECTION HEREWITH OR SUPERSEDE ANY OBLIGATIONS OF (x) LEASE GUARANTOR IN RESPECT OF THE GUARANTEED OBLIGATIONS OR OTHERWISE HEREUNDER AND/OR (y) TENANT UNDER THE LEASE, IN EACH CASE IN ACCORDANCE WITH THE TERMS HEREOF AND THEREOFTHEREWITH.

Waiver of Liability. SOLELY AS BETWEEN TENANT AND MANAGER, AS LONG AS A PARTY AND BORROWER (A) AGREES THAT NEITHER ADMINISTRATIVE AGENT NOR ANY AFFILIATES REQUESTED BY SUCH PARTY ARE A NAMED INSURED OR ADDITIONAL INSURED UNDER THE OTHER PARTY’S INSURANCE POLICIES, OR THE POLICIES OTHERWISE PERMIT IF SUCH PARTY OR ITS AFFILIATES ARE NOT SO NAMED, SUCH PARTY HEREBY RELEASES THE OTHER PARTY, AND ITS AFFILIATES, AND ITS AND THEIR TRUSTEES, BENEFICIARIES, LENDER (NOR ANY DIRECTORS, OFFICERS, EMPLOYEES AND AGENTSAGENTS OF ADMINISTRATIVE AGENT OR ANY LENDER) SHALL HAVE ANY LIABILITY TO BORROWER (WHETHER SOUNDING IN TORT, AND THE SUCCESSORS AND ASSIGNS OF EACH OF THE FOREGOING, FROM ANY AND ALL LIABILITY CONTRACT OR OTHERWISE) FOR MONETARY RELIEF, DAMAGE, LOSS, COST LOSSES OR EXPENSE COSTS SUFFERED OR INCURRED BY BORROWER IN CONNECTION WITH OR IN ANY WAY RELATED TO THE RELEASING PARTYTRANSACTIONS CONTEMPLATED OR THE RELATIONSHIP ESTABLISHED BY ANY LOAN DOCUMENT, OR ANY ACT, OMISSION OR EVENT OCCURRING IN CONNECTION HEREWITH OR THEREWITH, EXCEPT FOR FORESEEABLE ACTUAL LOSSES RESULTING DIRECTLY AND EXCLUSIVELY FROM ADMINISTRATIVE AGENT'S OR SUCH LENDER'S OWN GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD AND (B) WAIVES, RELEASES AND AGREES NOT TO XXX UPON ANY CLAIM AGAINST ADMINISTRATIVE AGENT OR ANY LENDER (OR THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS) WHETHER SOUNDING IN FORT, CONTRACT OR OTHERWISE, EXCEPT FOR CLAIMS FOR FORESEEABLE ACTUAL LOSSES RESULTING DIRECTLY AND EXCLUSIVELY FROM ADMINISTRATIVE AGENT'S OR SUCH LENDER'S OWN GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD. MOREOVER, WHETHER OR NOT DUE SUCH DAMAGES ARE RELATED TO A CLAIM THAT IS SUBJECT TO THE NEGLIGENT WAIVER EFFECTED ABOVE AND WHETHER OR OTHER ACTS NOT SUCH WAIVER IS EFFECTIVE, UNLESS ADMINISTRATIVE AGENT OR OMISSIONS ANY LENDER IS ADJUDGED TO BE GUILTY OF CRIMINAL CONDUCT THAT CAUSED SUCH DAMAGES, THEN NEITHER ADMINISTRATIVE AGENT NOR ANY LENDER (NOR ANY DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS OF ADMINISTRATIVE AGENT OR ANY LENDER) SHALL HAVE ANY LIABILITY WITH RESPECT TO (AND BORROWER HEREBY WAIVES, RELEASES AND AGREES NOT TO XXX UPON ANY CLAIM FOR) ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR NON-FORESEEABLE DAMAGES SUFFERED BY BORROWER IN CONNECTION WITH OR IN ANY WAY RELATED TO THE PERSONS SO RELEASED TRANSACTIONS CONTEMPLATED OR THE RELATIONSHIP ESTABLISHED BY ANY LOAN DOCUMENT, OR ANY ACT, OMISSION OR EVENT OCCURRING IN CONNECTION HEREWITH OR THEREWITH; AND IF ADMINISTRATIVE AGENT OR ANY LENDER IS ADJUDGED TO BE GUILTY OF SUCH CRIMINAL CONDUCT, THEN BORROWER WILL BE ENTITLED TO THE TYPES OF COMPENSATION (INCLUDING, AS APPLICABLE AND APPROPRIATE, SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR NON-FORESEEABLE DAMAGES) AS AND TO THE EXTENT SUCH LIABILITY, DAMAGE, LOSS, COST OR EXPENSE IS COVERED BY THE INSURANCE POLICIES OF THE RELEASING PARTY, BUT (OTHER THAN AS PROVIDED IN ARTICLE XIV) ONLY TO THE EXTENT OF INSURANCE PROCEEDS RECEIVED. FOR AVOIDANCE OF DOUBT, THE PARTIES ACKNOWLEDGE THAT THE PRECEDING PORTION OF THIS SECTION 12.2 SHALL NOT BE DEEMED TO VITIATE OR SUPERSEDE ANY OBLIGATIONS OF (x) LEASE GUARANTOR IN RESPECT OF THE GUARANTEED OBLIGATIONS OR OTHERWISE HEREUNDER AND/OR (y) TENANT AVAILABLE UNDER THE LEASE, IN EACH CASE IN ACCORDANCE WITH THE TERMS HEREOF AND THEREOFAPPLICABLE LAW.

Waiver of Liability. SOLELY AS BETWEEN TENANT EXPRESSLY WAIVES AND MANAGERRELEASES ANY AND ALL CLAIMS, AS LONG AS A PARTY NOW KNOWN OR HEREAFTER KNOWN IN ANY JURISDICTION THROUGHOUT THE WORLD, AGAINST THE OWNER AND ANY AFFILIATES REQUESTED BY SUCH PARTY ARE A NAMED INSURED OR ADDITIONAL INSURED UNDER THE OTHER PARTY’S INSURANCE POLICIESRELEASEES ON ACCOUNT OF INJURY, DEATH, OR PROPERTY DAMAGE ARISING OUT OF OR ATTRIBUTABLE TO TENANT’S USE OF THE POLICIES OTHERWISE PERMIT IF RENTAL PROPERTY AND/OR PARTICIPATION IN ACTIVITIES, WHETHER ARISING OUT OF NEGLIGENCE OF THE OWNER, RELEASEES, OR OTHERWISE. TENANT SHALL NOT MAKE OR BRING ANY SUCH PARTY CLAIM AGAINST THE OWNER OR ITS AFFILIATES ARE NOT SO NAMED, SUCH PARTY HEREBY RELEASES THE OTHER PARTYRELEASEE, AND ITS AFFILIATES, FOREVER RELEASES AND ITS DISCHARGES THE OWNER AND THEIR TRUSTEES, BENEFICIARIES, DIRECTORS, OFFICERS, EMPLOYEES ALL OTHER RELEASEES FROM LIABILITY UNDER SUCH CLAIMS. Tenant initial/date 5.4 Hold Harmless. TENANT SHALL INDEMNIFY AND AGENTS, HOLD HARMLESS THE OWNER AND WHATSOEVER OCCASIONED UPON AND/OR WITHIN THE SUCCESSORS RENTAL PROPERTY AND ASSIGNS OR PARTICIPATION IN THE ACTIVITIES BY REASON OF EACH ANY INJURY OR PROPERTY OF THE FOREGOING, THIRD RELEASEES FROM ANY AND ALL LIABILITY FOR MONETARY RELIEF, DAMAGE, LOSS, COST OR EXPENSE INCURRED LIABILITY OF ANY KIND PERSONS OCCASIONED BY ANY ACT OR OMISSION, NEGLECT, OR WRONGDOING OF THE RELEASING PARTYTENANT OR ANY OF TENANT’S OFFICERS, WHETHER AGENTS, REPRESENTATIVES, ASSIGNS, GUESTS, EMPLOYEES, INVITEES, OR NOT DUE OTHER PERSON ADMITTED BY TENANT TO THE NEGLIGENT RENTAL PROPERTY, AND THE TENANT WILL, AT TENANT’S OWN EXPENSE, DEFEND AND PROTECT THE OWNER AND RELEASEES AGAINST ANY AND ALL SUCH CLAIMS OR OTHER ACTS OR OMISSIONS DEMANDS. THE TENANT FURTHER AGREES TO EXERCISE DUE CARE IN THE PRESERVATION OF THE RENTAL PROPERTY AND TO PREVENT LOITERING AND PRESENCE OF UNAUTHORIZED PERSONS SO RELEASED TO THE EXTENT SUCH LIABILITY, DAMAGE, LOSS, COST OR EXPENSE IS COVERED BY THE INSURANCE POLICIES OF THE RELEASING PARTY, BUT (OTHER THAN AS PROVIDED IN ARTICLE XIV) ONLY TO THE EXTENT OF INSURANCE PROCEEDS RECEIVEDDURING ALL USAGE PERIODS. FOR AVOIDANCE OF DOUBT, THE PARTIES ACKNOWLEDGE THAT THE PRECEDING PORTION OF THIS SECTION 12.2 SHALL NOT BE DEEMED TO VITIATE OR SUPERSEDE ANY OBLIGATIONS OF (x) LEASE GUARANTOR IN RESPECT OF THE GUARANTEED OBLIGATIONS OR OTHERWISE HEREUNDER ANDTenant initial/OR (y) TENANT UNDER THE LEASE, IN EACH CASE IN ACCORDANCE WITH THE TERMS HEREOF AND THEREOF.date

Waiver of Liability. SOLELY AS BETWEEN TENANT AND MANAGERGRANTOR (A) AGREES THAT NEITHER ADMINISTRATIVE AGENT NOR ANY LENDER (NOR ANY DIRECTOR, AS LONG AS A PARTY AND OFFICER, EMPLOYEE OR AGENT OF ADMINISTRATIVE AGENT OR ANY AFFILIATES REQUESTED LENDER) SHALL HAVE ANY LIABILITY TO GRANTOR (WHETHER SOUNDING IN TORT, CONTRACT OR OTHERWISE) FOR LOSSES OR COSTS SUFFERED OR INCURRED BY SUCH PARTY ARE A NAMED INSURED GRANTOR IN ANY WAY RELATED TO THE TRANSACTIONS CONTEMPLATED OR ADDITIONAL INSURED UNDER THE OTHER PARTY’S INSURANCE POLICIESRELATIONSHIP ESTABLISHED BY ANY LOAN DOCUMENT, OR THE POLICIES OTHERWISE PERMIT IF ANY ACT, OMISSION OR EVENT OCCURRING IN CONNECTION THEREWITH, EXCEPT FOR FORESEEABLE ACTUAL LOSSES RESULTING DIRECTLY AND EXCLUSIVELY FROM ADMINISTRATIVE AGENT OR SUCH PARTY LENDER'S OWN GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR ITS AFFILIATES ARE NOT SO NAMED, SUCH PARTY HEREBY RELEASES THE OTHER PARTYFRAUD, AND ITS AFFILIATES(B) WAIVES, RELEASES AND ITS AND THEIR TRUSTEES, BENEFICIARIES, AGREES NOT TO SUE UPON ANY CLAIM AGAINST ADMINISTRATIVE AGENT OR ANY LENDER (OR THEXX DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS) WHETHER SOUNDING IN TORT, CONTRACT OR OTHERWISE, EXCEPT FOR CLAIMS FOR FORESEEABLE ACTUAL LOSSES RESULTING DIRECTLY AND AGENTSEXCLUSIVELY FROM ADMINISTRATIVE AGENT'S OR SUCH LENDER'S OWN GROSS NEGLIGENCE, AND THE SUCCESSORS AND ASSIGNS OF EACH OF THE FOREGOING, FROM ANY AND ALL LIABILITY FOR MONETARY RELIEF, DAMAGE, LOSS, COST WILLFUL MISCONDUCT OR EXPENSE INCURRED BY THE RELEASING PARTYFRAUD. MOREOVER, WHETHER OR NOT DUE SUCH DAMAGES ARE RELATED TO A CLAIM THAT IS SUBJECT TO THE NEGLIGENT WAIVER EFFECTED ABOVE AND WHETHER OR OTHER ACTS NOT SUCH WAIVER IS EFFECTIVE, NEITHER ADMINISTRATIVE AGENT NOR ANY LENDER (NOR ANY DIRECTOR, OFFICER, EMPLOYEE OR OMISSIONS AGENT OF THE PERSONS SO RELEASED ADMINISTRATIVE AGENT OR ANY LENDER) SHALL HAVE ANY LIABILITY WITH RESPECT TO (AND GRANTOR HEREBY WAIVES, RELEASES AND AGREES NOT TO SUE UPON ANY CLAIM FOR) ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVX XR NON-FORESEEABLE DAMAGES SUFFERED BY GRANTOR IN ANY WAY RELATED TO THE EXTENT SUCH LIABILITYTRANSACTIONS CONTEMPLATED OR THE RELATIONSHIP ESTABLISHED BY ANY LOAN DOCUMENT, DAMAGEOR ANY ACT, LOSS, COST OMISSION OR EXPENSE IS COVERED BY THE INSURANCE POLICIES OF THE RELEASING PARTY, BUT (OTHER THAN AS PROVIDED EVENT OCCURRING IN ARTICLE XIV) ONLY TO THE EXTENT OF INSURANCE PROCEEDS RECEIVED. FOR AVOIDANCE OF DOUBT, THE PARTIES ACKNOWLEDGE THAT THE PRECEDING PORTION OF THIS SECTION 12.2 SHALL NOT BE DEEMED TO VITIATE OR SUPERSEDE ANY OBLIGATIONS OF (x) LEASE GUARANTOR IN RESPECT OF THE GUARANTEED OBLIGATIONS OR OTHERWISE HEREUNDER AND/OR (y) TENANT UNDER THE LEASE, IN EACH CASE IN ACCORDANCE WITH THE TERMS HEREOF AND THEREOFCONNECTION THEREWITH.

Waiver of Liability. SOLELY AS BETWEEN TENANT AND MANAGEREACH BORROWER (A) AGREES THAT NEITHER LENDER (NOR ANY DIRECTOR, AS LONG AS A PARTY AND OFFICER, EMPLOYEE OR AGENT OF LENDER) SHALL HAVE ANY AFFILIATES REQUESTED LIABILITY TO ANY BORROWER (WHETHER SOUNDING IN TORT, CONTRACT OR OTHERWISE) FOR LOSSES OR COSTS SUFFERED OR INCURRED BY SUCH PARTY ARE A NAMED INSURED ANY BORROWER IN ANY WAY RELATED TO THE TRANSACTIONS CONTEMPLATED OR ADDITIONAL INSURED UNDER THE OTHER PARTY’S INSURANCE POLICIESRELATIONSHIP ESTABLISHED BY THE CREDIT AGREEMENT, OR THE POLICIES OTHERWISE PERMIT IF SUCH PARTY ANY ACT, OMISSION OR EVENT OCCURRING IN CONNECTION THEREWITH, EXCEPT FOR FORESEEABLE ACTUAL LOSSES RESULTING DIRECTLY AND EXCLUSIVELY FROM LENDER'S OWN GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD, AND (B) WAIVES, RELEASES AND AGREES NOT TO SUE UPON ANY CLAIM AGAINST LENDER (OR ITS AFFILIATES ARE NOT SO NAMED, SUCH PARTY HEREBY RELEASES THE OTHER PARTY, AND ITS AFFILIATES, AND ITS AND THEIR TRUSTEES, BENEFICIARIES, DIRECTORS, OFFICERS, EMPLOYEES AND OR AGENTS) WHETHER SOUNDING IN TORT, AND THE SUCCESSORS AND ASSIGNS OF EACH OF THE FOREGOING, FROM ANY AND ALL LIABILITY FOR MONETARY RELIEF, DAMAGE, LOSS, COST CONTRACT OR EXPENSE INCURRED BY THE RELEASING PARTYOTHERWISE. MOREOVER, WHETHER OR NOT DUE SUCH DAMAGES ARE RELATED TO A CLAIM THAT IS SUBJECT TO THE NEGLIGENT WAIVER EFFECTED ABOVE AND WHETHER OR OTHER ACTS NOT SUCH WAIVER IS EFFECTIVE, LENDER (INCLUDING ANY DIRECTOR, OFFICER, EMPLOYEE OR OMISSIONS AGENT OF THE PERSONS SO RELEASED LENDER) SHALL NOT HAVE ANY LIABILITY WITH RESPECT TO (AND EACH BORROWER HEREBY WAIVES, RELEASES AND AGREES NOT TO SUE UPON ANY CLAIM FOR) ANY SPECIAL, INDIRECT, CONSEQUENTIXX, PUNITIVE OR NON-FORESEEABLE DAMAGES SUFFERED BY ANY BORROWER IN ANY WAY RELATED TO THE EXTENT SUCH LIABILITY, DAMAGE, LOSS, COST TRANSACTIONS CONTEMPLATED OR EXPENSE IS COVERED THE RELATIONSHIP ESTABLISHED BY THE INSURANCE POLICIES OF THE RELEASING PARTYCREDIT AGREEMENT OR ANY ACT, BUT (OTHER THAN AS PROVIDED OMISSION OR EVENT OCCURRING IN ARTICLE XIV) ONLY TO THE EXTENT OF INSURANCE PROCEEDS RECEIVED. FOR AVOIDANCE OF DOUBT, THE PARTIES ACKNOWLEDGE THAT THE PRECEDING PORTION OF THIS SECTION 12.2 SHALL NOT BE DEEMED TO VITIATE OR SUPERSEDE ANY OBLIGATIONS OF (x) LEASE GUARANTOR IN RESPECT OF THE GUARANTEED OBLIGATIONS OR OTHERWISE HEREUNDER AND/OR (y) TENANT UNDER THE LEASE, IN EACH CASE IN ACCORDANCE WITH THE TERMS HEREOF AND THEREOFCONNECTION THEREWITH.

Waiver of Liability. SOLELY AS BETWEEN TENANT AND MANAGERBORROWER (A) AGREES THAT NEITHER ADMINISTRATIVE AGENT NOR ANY LENDER (NOR ANY OF THEIR DIRECTORS, AS LONG AS A PARTY AND 57 70 OFFICERS, EMPLOYEES OR ADMINISTRATIVE AGENTS) SHALL HAVE ANY AFFILIATES REQUESTED LIABILITY TO BORROWER (WHETHER SOUNDING IN TORT, CONTRACT OR OTHERWISE) FOR LOSSES OR COSTS SUFFERED OR INCURRED BY SUCH PARTY ARE A NAMED INSURED BORROWER IN CONNECTION WITH OR ADDITIONAL INSURED UNDER IN ANY WAY RELATED TO THE OTHER PARTY’S INSURANCE POLICIESTRANSACTIONS CONTEMPLATED OR THE RELATIONSHIP ESTABLISHED BY ANY LOAN DOCUMENT, OR THE POLICIES OTHERWISE PERMIT IF ANY ACT, OMISSION OR EVENT OCCURRING IN CONNECTION HEREWITH OR THEREWITH, EXCEPT FOR FORESEEABLE ACTUAL LOSSES RESULTING DIRECTLY AND EXCLUSIVELY FROM ADMINISTRATIVE AGENT'S OR SUCH PARTY LENDER'S OWN GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR ITS AFFILIATES ARE FRAUD AND (B) WAIVES, RELEASES AND AGREES NOT SO NAMED, SUCH PARTY HEREBY RELEASES THE OTHER PARTY, AND ITS AFFILIATES, AND ITS AND TO SUE XXXN ANY CLAIM AGAINST ADMINISTRATIVE AGENT OR ANY LENDER (OR THEIR TRUSTEES, BENEFICIARIES, DIRECTORS, OFFICERS, EMPLOYEES OR ADMINISTRATIVE AGENTS) WHETHER SOUNDING IN TORT, CONTRACT OR OTHERWISE, EXCEPT FOR CLAIMS FOR FORESEEABLE ACTUAL LOSSES RESULTING DIRECTLY AND AGENTSEXCLUSIVELY FROM ADMINISTRATIVE AGENT'S OR SUCH LENDER'S OWN GROSS NEGLIGENCE, AND THE SUCCESSORS AND ASSIGNS OF EACH OF THE FOREGOING, FROM ANY AND ALL LIABILITY FOR MONETARY RELIEF, DAMAGE, LOSS, COST WILLFUL MISCONDUCT OR EXPENSE INCURRED BY THE RELEASING PARTYFRAUD. MOREOVER, WHETHER OR NOT DUE SUCH DAMAGES ARE RELATED TO A CLAIM THAT IS SUBJECT TO THE NEGLIGENT WAIVER EFFECTED ABOVE AND WHETHER OR OTHER ACTS NOT SUCH WAIVER IS EFFECTIVE, NEITHER ADMINISTRATIVE AGENT NOR ANY LENDER (NOR THEIR DIRECTORS, OFFICERS, EMPLOYEES OR OMISSIONS OF THE PERSONS SO RELEASED ADMINISTRATIVE AGENTS) SHALL HAVE ANY LIABILITY WITH RESPECT TO (AND BORROWER HEREBY WAIVES, RELEASES AND AGREES NOT TO SUE XXXN ANY CLAIM FOR) ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR NONFORESEEABLE DAMAGES SUFFERED BY BORROWER IN CONNECTION WITH OR IN ANY WAY RELATED TO THE EXTENT SUCH LIABILITYTRANSACTIONS CONTEMPLATED OR THE RELATIONSHIP ESTABLISHED BY ANY LOAN DOCUMENT, DAMAGEOR ANY ACT, LOSS, COST OMISSION OR EXPENSE IS COVERED BY THE INSURANCE POLICIES OF THE RELEASING PARTY, BUT (OTHER THAN AS PROVIDED EVENT OCCURRING IN ARTICLE XIV) ONLY TO THE EXTENT OF INSURANCE PROCEEDS RECEIVED. FOR AVOIDANCE OF DOUBT, THE PARTIES ACKNOWLEDGE THAT THE PRECEDING PORTION OF THIS SECTION 12.2 SHALL NOT BE DEEMED TO VITIATE CONNECTION HEREWITH OR SUPERSEDE ANY OBLIGATIONS OF (x) LEASE GUARANTOR IN RESPECT OF THE GUARANTEED OBLIGATIONS OR OTHERWISE HEREUNDER AND/OR (y) TENANT UNDER THE LEASE, IN EACH CASE IN ACCORDANCE WITH THE TERMS HEREOF AND THEREOFTHEREWITH.

Waiver of Liability. SOLELY AS BETWEEN TENANT EACH OBLIGOR (A) AGREES THAT ADMINISTRATIVE AGENT AND MANAGER, AS LONG AS A PARTY AND ANY AFFILIATES REQUESTED BY SUCH PARTY ARE A NAMED INSURED OR ADDITIONAL INSURED UNDER THE OTHER PARTY’S INSURANCE POLICIES, OR THE POLICIES OTHERWISE PERMIT IF SUCH PARTY OR ITS AFFILIATES ARE NOT SO NAMED, SUCH PARTY HEREBY RELEASES THE OTHER PARTY, AND ITS AFFILIATES, AND ITS EACH TERM LENDER (AND THEIR TRUSTEES, BENEFICIARIES, RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS) SHALL HAVE NO LIABILITY TO ANY OBLIGOR (WHETHER SOUNDING IN TORT, AND THE SUCCESSORS AND ASSIGNS OF EACH OF THE FOREGOING, FROM ANY AND ALL LIABILITY CONTRACT OR OTHERWISE) FOR MONETARY RELIEF, DAMAGE, LOSS, COST LOSSES OR EXPENSE COSTS SUFFERED OR INCURRED BY ANY OBLIGOR IN CONNECTION WITH OR IN ANY WAY RELATED TO THE RELEASING PARTYTRANSACTIONS CONTEMPLATED OR THE RELATIONSHIP ESTABLISHED BY ANY LOAN DOCUMENT, OR ANY ACT, OMISSION OR EVENT OCCURRING IN CONNECTION HEREWITH OR THEREWITH, EXCEPT FOR FORESEEABLE ACTUAL LOSSES RESULTING DIRECTLY FROM ADMINISTRATIVE AGENT'S OR ANY TERM LENDER'S OWN GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD AND (B) WAIVES, RELEASES AND AGREES NOT TO SUE UPON ANY CLAIM AGAINST ADMINISTRATIVE AGENT OR ANY TERM LENDER (XR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS) WHETHER SOUNDING IN TORT, CONTRACT OR OTHERWISE, EXCEPT FOR CLAIMS FOR FORESEEABLE ACTUAL LOSSES RESULTING DIRECTLY FROM ADMINISTRATIVE AGENT'S OR ANY TERM LENDER'S OWN GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD. MOREOVER, WHETHER OR NOT DUE SUCH DAMAGES ARE RELATED TO A CLAIM THAT IS SUBJECT TO THE NEGLIGENT WAIVER EFFECTED ABOVE AND WHETHER OR OTHER ACTS NOT SUCH WAIVER IS EFFECTIVE, ADMINISTRATIVE AGENT AND ANY TERM LENDER (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS) SHALL HAVE NO LIABILITY WITH RESPECT TO (AND EACH OBLIGOR HEREBY WAIVES, RELEASES AND AGREES NOT TO SUE UPON ANY CLAIM FOR) ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNIXXXE OR OMISSIONS OF THE PERSONS SO RELEASED NON-FORESEEABLE DAMAGES SUFFERED BY ANY OBLIGOR IN CONNECTION WITH OR IN ANY WAY RELATED TO THE EXTENT SUCH LIABILITYTRANSACTIONS CONTEMPLATED OR THE RELATIONSHIP ESTABLISHED BY ANY LOAN DOCUMENT, DAMAGEOR ANY ACT, LOSS, COST OMISSION OR EXPENSE IS COVERED BY THE INSURANCE POLICIES OF THE RELEASING PARTY, BUT (OTHER THAN AS PROVIDED EVENT OCCURRING IN ARTICLE XIV) ONLY TO THE EXTENT OF INSURANCE PROCEEDS RECEIVED. FOR AVOIDANCE OF DOUBT, THE PARTIES ACKNOWLEDGE THAT THE PRECEDING PORTION OF THIS SECTION 12.2 SHALL NOT BE DEEMED TO VITIATE CONNECTION HEREWITH OR SUPERSEDE ANY OBLIGATIONS OF (x) LEASE GUARANTOR IN RESPECT OF THE GUARANTEED OBLIGATIONS OR OTHERWISE HEREUNDER AND/OR (y) TENANT UNDER THE LEASE, IN EACH CASE IN ACCORDANCE WITH THE TERMS HEREOF AND THEREOFTHEREWITH.

Waiver of Liability. SOLELY EXCEPT AS BETWEEN TENANT SPECIFCALLY SET FORTH TO THE CONTRARY HEREIN, AND MANAGERTO THE MAXIMUM EXTENT PERMITTED BY LAW, AS LONG AS A PARTY UNDER NO CIRCUMSTANCES AND ANY AFFILIATES REQUESTED BY SUCH PARTY ARE A NAMED INSURED OR ADDITIONAL INSURED UNDER THE OTHER PARTY’S INSURANCE POLICIESNO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL PROVIDER,BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR ANY DAMAGES THAT RESULT IN ANY WAY FROM ANY USE OF THE POLICIES OTHERWISE PERMIT IF SUCH ACCOUNT OR THE SERVICE BY ANY PARTY OR ITS AFFILIATES THE INABILITY TO USE THE SERVICE OR CUSTOMER’S RELIANCE ON OR USE OF INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE SERVICE OR THE PROVIDER’S WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER SUCH DAMAGES ARE NOT SO NAMEDDIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF PROVIDER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH PARTY HEREBY RELEASES THE OTHER PARTYDAMAGES. IF, AND ITS AFFILIATES, AND ITS AND THEIR TRUSTEES, BENEFICIARIES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, AND THE SUCCESSORS AND ASSIGNS OF EACH OF NOTWITHSTANDING THE FOREGOING, PROVIDER IS FOUND LIABLE FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND ALL REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY FOR MONETARY RELIEFOR OTHERWISE), DAMAGE, LOSS, COST OR EXPENSE INCURRED BY THE RELEASING PARTY, WHETHER OR NOT DUE PROVIDER'S LIABILITY TO CUSTOMER WILL BE LIMITED TO THE NEGLIGENT OR OTHER ACTS OR OMISSIONS OF AMOUNT PAID BY CUSTOMER FOR THE PERSONS SO RELEASED TO SERVICE SUBSCRIPTION IN THE EXTENT SUCH LIABILITY, DAMAGE, LOSS, COST OR EXPENSE IS COVERED BY THE INSURANCE POLICIES OF THE RELEASING PARTY, BUT LAST THREE (OTHER THAN AS PROVIDED IN ARTICLE XIV3) ONLY TO THE EXTENT OF INSURANCE PROCEEDS RECEIVED. FOR AVOIDANCE OF DOUBT, THE PARTIES ACKNOWLEDGE THAT THE PRECEDING PORTION OF THIS SECTION 12.2 SHALL NOT BE DEEMED TO VITIATE OR SUPERSEDE ANY OBLIGATIONS OF (x) LEASE GUARANTOR IN RESPECT OF THE GUARANTEED OBLIGATIONS OR OTHERWISE HEREUNDER AND/OR (y) TENANT UNDER THE LEASE, IN EACH CASE IN ACCORDANCE WITH THE TERMS HEREOF AND THEREOFMOST RECENTLY PAID MONTHS.

Waiver of Liability. SOLELY AS BETWEEN TENANT MEMBER ACKNOWLEDGES THAT THE USE OF GOLD’S GYM’S FACILITIES, EQUIPMENT, MERCHANDISE, SERVICES AND MANAGERPROGRAMS (INCLUDING PERSONAL TRAINING) INVOLVES AN INHERENT RISK OF PERSONAL INJURY TO MEMBER AND MEMBER’S GUESTS AND INVITEES. MEMBER VOLUNTARILY AGREES TO ASSUME ALL RISKS OF PERSONAL INJURY TO MEMBER, AS LONG AS A PARTY MEMBER’S SPOUSE, CHILDREN, UNBORN CHILDREN, OTHER FAMILY MEMBERS, GUESTS OR INVITEES AND WAIVES ANY AND ALL CLAIMS OR ACTIONS THAT MEMBER MAY HAVE AGAINST GOLD’S GYM, ANY OF ITS PARENTS, SUBSIDIARIES OR OTHER AFFILIATES AND ANY AFFILIATES REQUESTED BY SUCH PARTY ARE A NAMED INSURED OR ADDITIONAL INSURED UNDER THE OTHER PARTY’S INSURANCE POLICIES, OR THE POLICIES OTHERWISE PERMIT IF SUCH PARTY OR ITS AFFILIATES ARE NOT SO NAMED, SUCH PARTY HEREBY RELEASES THE OTHER PARTY, AND ITS AFFILIATES, AND ITS AND OF THEIR TRUSTEES, BENEFICIARIESRESPECTIVE OFFICERS, DIRECTORS, OFFICERSEMPLOYEES, EMPLOYEES AND AGENTS, AND THE SUCCESSORS AND ASSIGNS FOR ANY SUCH PERSONAL INJURY (AND NO SUCH PERSON OR ENTITY SHALL BE LIABLE TO MEMBER, MEMBER’S SPOUSE, CHILDREN, UNBORN CHILDREN, OTHER FAMILY MEMBERS, GUESTS OR INVITEES FOR ANY SUCH PERSONAL INJURY), INCLUDING, WITHOUT LIMITATION: (I) INJURIES ARISING FROM USE OF EACH ANY EXERCISE EQUIPMENT, MACHINES AND TANNING BOOTHS OR PERSONAL TRAINING SERVICES; (II) INJURIES ARISING FROM PARTICIPATION IN SUPERVISED OR UNSUPERVISED ACTIVITIES AND PROGRAMS IN EXERCISE ROOMS, RUNNING TRACKS, SWIMMING POOLS, HOT TUBS, COURTS OR OTHER AREAS OF THE FOREGOINGANY GOLD’S GYM, (III) INJURIES ARISING FROM ANY AND ALL LIABILITY FOR MONETARY RELIEF, DAMAGE, LOSS, COST OR EXPENSE INCURRED BY THE RELEASING PARTYGOLD’S GYM’S NEGLIGENCE, WHETHER DIRECT OR NOT DUE TO THE NEGLIGENT INDIRECT; (IV) INJURIES, DISEASE, INFECTION OR OTHER ACTS MEDICAL DISORDERS RESULTING FROM EXERCISING AT ANY GOLD’S GYM, INCLUDING HEART ATTACKS, STROKES, HEAT STRESS, SPRAINS, BROKEN BONES AND TORN OR OMISSIONS OF THE PERSONS SO RELEASED TO THE EXTENT SUCH LIABILITYDAMAGED MUSCLES, DAMAGE, LOSS, COST LIGAMENTS OR EXPENSE IS COVERED BY THE INSURANCE POLICIES OF THE RELEASING PARTY, BUT (OTHER THAN AS PROVIDED IN ARTICLE XIV) ONLY TO THE EXTENT OF INSURANCE PROCEEDS RECEIVED. FOR AVOIDANCE OF DOUBT, THE PARTIES ACKNOWLEDGE THAT THE PRECEDING PORTION OF THIS SECTION 12.2 SHALL NOT BE DEEMED TO VITIATE OR SUPERSEDE ANY OBLIGATIONS OF (x) LEASE GUARANTOR IN RESPECT OF THE GUARANTEED OBLIGATIONS OR OTHERWISE HEREUNDER TENDONS; AND/OR (y) TENANT UNDER THE LEASE, IN EACH CASE IN ACCORDANCE WITH THE TERMS HEREOF AND THEREOF.

Waiver of Liability. SOLELY AS BETWEEN TENANT AND MANAGER, AS LONG AS A PARTY AND EACH BORROWER (A) AGREES THAT NEITHER ADMINISTRATIVE AGENT NOR ANY AFFILIATES REQUESTED BY SUCH PARTY ARE A NAMED INSURED OR ADDITIONAL INSURED UNDER THE OTHER PARTY’S INSURANCE POLICIES, OR THE POLICIES OTHERWISE PERMIT IF SUCH PARTY OR ITS AFFILIATES ARE NOT SO NAMED, SUCH PARTY HEREBY RELEASES THE OTHER PARTY, AND ITS AFFILIATES, AND ITS AND LENDER (NOR ANY OF THEIR TRUSTEES, BENEFICIARIES, DIRECTORS, OFFICERS, EMPLOYEES AND OR AGENTS) SHALL HAVE ANY LIABILITY TO ANY BORROWER (WHETHER SOUNDING IN TORT, AND THE SUCCESSORS AND ASSIGNS OF EACH OF THE FOREGOING, FROM ANY AND ALL LIABILITY CONTRACT OR OTHERWISE) FOR MONETARY RELIEF, DAMAGE, LOSS, COST LOSSES OR EXPENSE COSTS SUFFERED OR INCURRED BY ANY BORROWER IN CONNECTION WITH OR IN ANY WAY RELATED TO THE RELEASING PARTYTRANSACTIONS CONTEMPLATED OR THE RELATIONSHIP ESTABLISHED BY ANY LOAN DOCUMENT, OR ANY ACT, OMISSION OR EVENT OCCURRING IN CONNECTION HEREWITH OR THEREWITH, EXCEPT FOR FORESEEABLE ACTUAL LOSSES RESULTING DIRECTLY AND EXCLUSIVELY FROM ADMINISTRATIVE AGENT'S OR SUCH LENDER'S OWN GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD AND (X) XXXVES, RELEASES AND AGREES NOT TO SUE UPON ANY CLAIM AGAINST ADMINISTRATIVE AGENT OR ANY LENDER (OR THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS) WHETHER SOUNDING IN TORT, CONTRACT OR OTHERWISE, EXCEPT FOR CLAIMS FOR FORESEEABLE ACTUAL LOSSES RESULTING DIRECTLY AND EXCLUSIVELY FROM ADMINISTRATIVE AGENT'S OR SUCH LENDER'S OWN GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD. MOREXXXX, WHETHER OR NOT DUE SUCH DAMAGES ARE RELATED TO A CLAIM THAT IS SUBJECT TO THE NEGLIGENT WAIVER EFFECTED ABOVE AND WHETHER OR OTHER ACTS NOT SUCH WAIVER IS EFFECTIVE, NEITHER ADMINISTRATIVE AGENT NOR ANY LENDER (NOR THEIR DIRECTORS, OFFICERS, EMPLOYEES OR OMISSIONS OF THE PERSONS SO RELEASED AGENTS) SHALL HAVE ANY LIABILITY WITH RESPECT TO (AND EACH BORROWER HEREBY WAIVES, RELEASES AND AGREES NOT TO SUE UPON ANY CLAIM FOR) ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR NON-FORESEEABLE DAMAGES SUFFERED BY ANY BORROWER IN CONNECTION WITH OR IN ANY WAY RELATED TO THE EXTENT SUCH LIABILITYTRANSACTIONS CONTEMPLATED OR THE RELATIONSHIP ESTABLISHED BY ANY LOAN DOCUMENT, DAMAGEOR ANY ACT, LOSS, COST OMISSION OR EXPENSE IS COVERED BY THE INSURANCE POLICIES OF THE RELEASING PARTY, BUT (OTHER THAN AS PROVIDED EVENT OCCURRING IN ARTICLE XIV) ONLY TO THE EXTENT OF INSURANCE PROCEEDS RECEIVED. FOR AVOIDANCE OF DOUBT, THE PARTIES ACKNOWLEDGE THAT THE PRECEDING PORTION OF THIS SECTION 12.2 SHALL NOT BE DEEMED TO VITIATE CONNECTION HEREWITH OR SUPERSEDE ANY OBLIGATIONS OF (x) LEASE GUARANTOR IN RESPECT OF THE GUARANTEED OBLIGATIONS OR OTHERWISE HEREUNDER AND/OR (y) TENANT UNDER THE LEASE, IN EACH CASE IN ACCORDANCE WITH THE TERMS HEREOF AND THEREOFTHEREWITH.

Waiver of Liability. SOLELY AS BETWEEN TENANT AND MANAGER, AS LONG AS A PARTY YOU ACKNOWLEDGE THAT THE USE OF DMVIRONGYM’S FACILITIES (AND ANY AFFILIATES REQUESTED BY SUCH PARTY ARE A NAMED INSURED OR ADDITIONAL INSURED UNDER ACTIVITIES CONDUCTED OUTSIDE THE FOUR WALLS OF THE GYM, INCLUDING BUT NOT LIMITED TO PARKING LOTS AND OTHER PARTY’S INSURANCE POLICIESAREAS NEAR THE GYM, OR THE POLICIES OTHERWISE PERMIT IF SUCH PARTY OR ITS AFFILIATES ARE NOT SO NAMEDOFF-SITE), SUCH PARTY HEREBY RELEASES THE OTHER PARTYEQUIPMENT, MERCHANDISE, SERVICES AND PROGRAMS (INCLUDING DIGITAL FITNESS SERVICES, PERSONAL AND GROUP TRAINING, AND FITNESS ASSESSMENT SERVICES) INVOLVES AN INHERENT RISK OF PERSONAL INJURY TO YOU AND YOUR GUESTS AND INVITEES. YOU VOLUNTARILY AGREE TO ASSUME ALL RISKS OF PERSONAL INJURY TO YOU, YOUR SPOUSE, CHILDREN, UNBORN CHILDREN, OTHER FAMILY MEMBERS, GUESTS OR INVITEES AND WAIVE ANY AND ALL CLAIMS OR ACTIONS THAT YOU MAY HAVE AGAINST DMVIRONGYM, ANY OF ITS AFFILIATESPARENTS, SUBSIDIARIES OR OTHER AFFILIATES AND ITS AND ANY OF THEIR TRUSTEESRESPECTIVE SHAREHOLDERS, BENEFICIARIESOFFICERS, DIRECTORS, OFFICERSEMPLOYEES, EMPLOYEES AND AGENTS, AND THE SUCCESSORS AND ASSIGNS FOR ANY SUCH PERSONAL INJURY (AND NO SUCH PERSON OR ENTITY SHALL BE LIABLE TO YOU, YOUR SPOUSE, CHILDREN, UNBORN CHILDREN, OTHER FAMILY MEMBERS, GUESTS OR INVITEES FOR ANY SUCH PERSONAL INJURY), INCLUDING, WITHOUT LIMITATION: (I) INJURIES ARISING FROM USE OF EACH ANY EXERCISE EQUIPMENT, MACHINES, TANNING BOOTHS, AND GROUP EXERCISE, PERSONAL TRAINING, OR DIGITAL FITNESS SERVICES; (II) INJURIES ARISING FROM PARTICIPATION IN SUPERVISED OR UNSUPERVISED ACTIVITIES AND PROGRAMS IN EXERCISE ROOMS, RUNNING TRACKS, SWIMMING POOLS, HOT TUBS, COURTS, PARKS, PARKING GARAGES OR OTHER AREAS INSIDE OR OUTSIDE OF ANY DMVIRONGYM, (III) INJURIES ARISING FROM DMVIRONGYM NEGLIGENCE, WHETHER DIRECT OR INDIRECT; (IV) INJURIES, DISEASE, INFECTION OR MEDICAL DISORDERS RESULTING FROM EXERCISING INSIDE OR OUTSIDE OF ANY DMVIRONGYM, INCLUDING HEART ATTACKS, STROKES, HEAT STRESS, SPRAINS, BROKEN BONES AND TORN OR DAMAGED MUSCLES, LIGAMENTS OR TENDONS; (V) ACCIDENTAL INJURIES WITHIN OR OUTSIDE OF ANY DMVIRONGYM FACILITIES, INCLUDING LOCKER ROOMS, STEAM ROOMs, WHIRLPOOLS, HOT TUBS, SPAS, SAUNAS, SHOWERS, DRESSING ROOMS AND OFF-SITE LOCATIONS; AND (VI) INJURIES ARISING FROM DISCLOSURE, TRANSMISSION, STORAGE, OR USE OF FITNESS ASSESSMENT SERVICES INFORMATION AND DATA DERIVED THEREFROM. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU ALSO WAIVE ALL CLAIMS AGAINST DMVIRONGYM, ANY OF ITS PARENTS, SUBSIDIARIES OR OTHER AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FOR ANY CLAIMS YOU MAY HAVE UNDER ANY OF THE FOREGOINGSTATE’S CONSUMER PROTECTION STATUTES. THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT AND YOUR MEMBERSHIP. Do not sign this Agreement until you have read all pages or if it contains blank spaces. The terms on all pages are a part of this Agreement. You are entitled to a completely filled in copy of this Agreement. By signing this Agreement, FROM ANY you acknowledge that (A) this Agreement will become legally binding upon its acceptance by DMVIRONGYM, and (B) DMVIRONGYM makes no representations or warranties to you, either expressed or implied, except to the extent expressly set forth in this Agreement. This Agreement constitutes the entire agreement between you and DMVIRONGYM with respect to the subject matter hereof and supersedes any and all prior agreements, written or oral, with respect to such subject matter. By providing your contact information and signing this Agreement, you consent to being contacted about your membership and account by DMVIRONGYM, its agents and relate parties at the phone number and email provided to us BY SIGNING BELOW, I ACKNOWLEDGE AND AGREE THAT I HAVE READ THIS AGREEMENT IN ITS ENTIRETY, I AGREE TO ALL LIABILITY FOR MONETARY RELIEF, DAMAGE, LOSS, COST OR EXPENSE INCURRED BY THE RELEASING PARTY, WHETHER OR NOT DUE TERMS. I FURTHER CONSENT TO USE OF A SIGNATURE TO RECORD MY AGREEMENT TO THE NEGLIGENT OR OTHER ACTS OR OMISSIONS OF THE PERSONS SO RELEASED TO THE EXTENT SUCH LIABILITY, DAMAGE, LOSS, COST OR EXPENSE IS COVERED BY THE INSURANCE POLICIES OF THE RELEASING PARTY, BUT (OTHER THAN AS PROVIDED IN ARTICLE XIV) ONLY TO THE EXTENT OF INSURANCE PROCEEDS RECEIVEDTERMS. FOR AVOIDANCE OF DOUBT, THE PARTIES ACKNOWLEDGE THAT THE PRECEDING PORTION OF THIS SECTION 12.2 SHALL NOT BE DEEMED TO VITIATE OR SUPERSEDE ANY OBLIGATIONS OF (x) LEASE GUARANTOR IN RESPECT OF THE GUARANTEED OBLIGATIONS OR OTHERWISE HEREUNDER AND/OR (y) TENANT UNDER THE LEASE, IN EACH CASE IN ACCORDANCE WITH THE TERMS HEREOF AND THEREOFSIGNATURE:X DATE: X .

Waiver of Liability. SOLELY AS BETWEEN TENANT AND MANAGERIn consideration for allowing Client to participate in the Activity, AS LONG AS A PARTY AND ANY AFFILIATES REQUESTED BY SUCH PARTY ARE A NAMED INSURED OR ADDITIONAL INSURED UNDER THE OTHER PARTY’S INSURANCE POLICIESI AGREE, OR THE POLICIES OTHERWISE PERMIT IF SUCH PARTY OR ITS AFFILIATES ARE NOT SO NAMEDto the greatest extent permitted by law, SUCH PARTY HEREBY RELEASES THE OTHER PARTY, AND ITS AFFILIATES, AND ITS AND THEIR TRUSTEES, BENEFICIARIES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, AND THE SUCCESSORS AND ASSIGNS OF EACH OF THE FOREGOING, FROM TO WAIVE ANY AND ALL LIABILITY CLAIMS AGAINST AND TO HOLD HARMLESS, RELEASE, INDEMNIFY, AND AGREE NOT TO XXX UAA, and any affiliated companies and/or subsidiaries, the land owner, and all their respective insurance companies, successors in interest, commercial & corporate sponsors, owners, affiliates, agents, employees, representatives, assignees, officers, directors, and shareholders (each a “Released Party”) FOR MONETARY RELIEFANY INJURY, DAMAGEINCLUDING DEATH, LOSS, COST PROPERTY DAMAGE OR EXPENSE INCURRED BY EXPENSE, WHICH I OR PARTICIPANT MAY SUFFER, ARISING IN WHOLE OR IN PART OUT OF CLIENT’S PARTICIPATION IN THE RELEASING ACTIVITY, INCLUDING BUT NOT LIMITED TO, THOSE CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE OR BREACH OF ANY CONTRACT AND/ OR EXPRESS OR IMPLIED WARRANTY OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF ANY RELEASED PARTY TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT AGAINST THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITY. In further consideration for allowing Client to participate in the Activity, I FURTHER RELEASE AND GIVE UP ANY AND ALL CLAIMS AND RIGHTS THAT I MAY NOW HAVE AGAINST ANY RELEASED PARTY AND UNDERSTAND THIS RELEASES ALL CLAIMS, INCLUDING THOSE OF WHICH I AM NOT AWARE, THOSE NOT MENTIONED IN THIS RELEASE AND THOSE RESULTING FROM ANYTHING WHICH HAS HAPPENED UP TO NOW. I ALSO AGREE THAT THIS WAIVER APPLIES TO ANY INJURY, WHETHER SUCH INJURY OCCURS AT UAA’S PRIMARY PLACE OF BUSINESS, OR NOT DUE TO THE NEGLIGENT ANY POOL OR OTHER ACTS OR OMISSIONS FACILITY WHATSOEVER WHERE UAA MAY BE PROVIDING ANY OF THE PERSONS SO RELEASED TO THE EXTENT SUCH LIABILITY, DAMAGE, LOSS, COST OR EXPENSE IS COVERED BY THE INSURANCE POLICIES OF THE RELEASING PARTY, BUT (OTHER THAN AS PROVIDED IN ARTICLE XIV) ONLY TO THE EXTENT OF INSURANCE PROCEEDS RECEIVED. FOR AVOIDANCE OF DOUBT, THE PARTIES ACKNOWLEDGE THAT THE PRECEDING PORTION OF THIS SECTION 12.2 SHALL NOT BE DEEMED TO VITIATE OR SUPERSEDE ANY OBLIGATIONS OF (x) LEASE GUARANTOR IN RESPECT OF THE GUARANTEED OBLIGATIONS OR OTHERWISE HEREUNDER AND/OR (y) TENANT UNDER THE LEASE, IN EACH CASE IN ACCORDANCE WITH THE TERMS HEREOF AND THEREOFITS SERVICES.

Waiver of Liability. SOLELY AS BETWEEN TENANT AND MANAGER, AS LONG AS A PARTY AND EACH BORROWER (A) AGREES THAT NEITHER ADMINISTRATIVE AGENT NOR ANY AFFILIATES REQUESTED BY SUCH PARTY ARE A NAMED INSURED OR ADDITIONAL INSURED UNDER THE OTHER PARTY’S INSURANCE POLICIES, OR THE POLICIES OTHERWISE PERMIT IF SUCH PARTY OR ITS AFFILIATES ARE NOT SO NAMED, SUCH PARTY HEREBY RELEASES THE OTHER PARTY, AND ITS AFFILIATES, AND ITS AND LENDER (NOR ANY OF THEIR TRUSTEES, BENEFICIARIES, DIRECTORS, OFFICERS, EMPLOYEES AND OR AGENTS) SHALL HAVE ANY LIABILITY TO ANY BORROWER (WHETHER SOUNDING IN TORT, AND THE SUCCESSORS AND ASSIGNS OF EACH OF THE FOREGOING, FROM ANY AND ALL LIABILITY CONTRACT OR OTHERWISE) FOR MONETARY RELIEF, DAMAGE, LOSS, COST LOSSES OR EXPENSE COSTS SUFFERED OR INCURRED BY ANY BORROWER IN CONNECTION WITH OR IN ANY WAY RELATED TO THE RELEASING PARTYTRANSACTIONS CONTEMPLATED OR THE RELATIONSHIP ESTABLISHED BY ANY LOAN DOCUMENT, OR ANY ACT, OMISSION OR EVENT OCCURRING IN CONNECTION HEREWITH OR THEREWITH, EXCEPT FOR FORESEEABLE ACTUAL LOSSES RESULTING DIRECTLY AND EXCLUSIVELY FROM ADMINISTRATIVE AGENT'S OR SUCH LENDER'S OWN GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD AND (B) WAIVES, RELEASES AND AGREES NOT TO XXX UPON ANY CLAIM AGAINST ADMINISTRATIVE AGENT OR ANY LENDER (OR THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS) WHETHER SOUNDING IN TORT, CONTRACT OR OTHERWISE, EXCEPT FOR CLAIMS FOR FORESEEABLE ACTUAL LOSSES RESULTING DIRECTLY AND EXCLUSIVELY FROM ADMINISTRATIVE AGENT'S OR SUCH LENDER'S OWN GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD. MOREOVER, WHETHER OR NOT DUE SUCH DAMAGES ARE RELATED TO A CLAIM THAT IS SUBJECT TO THE NEGLIGENT WAIVER EFFECTED ABOVE AND WHETHER OR OTHER ACTS NOT SUCH WAIVER IS EFFECTIVE, NEITHER ADMINISTRATIVE AGENT NOR ANY LENDER (NOR THEIR DIRECTORS, OFFICERS, EMPLOYEES OR OMISSIONS OF THE PERSONS SO RELEASED AGENTS) SHALL HAVE ANY LIABILITY WITH RESPECT TO (AND EACH BORROWER HEREBY WAIVES, RELEASES AND AGREES NOT TO XXX UPON ANY CLAIM FOR) ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR NON-FORESEEABLE DAMAGES SUFFERED BY ANY BORROWER IN CONNECTION WITH OR IN ANY WAY RELATED TO THE EXTENT SUCH LIABILITYTRANSACTIONS CONTEMPLATED OR THE RELATIONSHIP ESTABLISHED BY ANY LOAN DOCUMENT, DAMAGEOR ANY ACT, LOSS, COST OMISSION OR EXPENSE IS COVERED BY THE INSURANCE POLICIES OF THE RELEASING PARTY, BUT (OTHER THAN AS PROVIDED EVENT OCCURRING IN ARTICLE XIV) ONLY TO THE EXTENT OF INSURANCE PROCEEDS RECEIVED. FOR AVOIDANCE OF DOUBT, THE PARTIES ACKNOWLEDGE THAT THE PRECEDING PORTION OF THIS SECTION 12.2 SHALL NOT BE DEEMED TO VITIATE CONNECTION HEREWITH OR SUPERSEDE ANY OBLIGATIONS OF (x) LEASE GUARANTOR IN RESPECT OF THE GUARANTEED OBLIGATIONS OR OTHERWISE HEREUNDER AND/OR (y) TENANT UNDER THE LEASE, IN EACH CASE IN ACCORDANCE WITH THE TERMS HEREOF AND THEREOFTHEREWITH.

Waiver of Liability. SOLELY AS BETWEEN TENANT EACH OBLIGOR (A) AGREES THAT ADMINISTRATIVE AGENT AND MANAGER, AS LONG AS A PARTY AND ANY AFFILIATES REQUESTED BY SUCH PARTY ARE A NAMED INSURED OR ADDITIONAL INSURED UNDER THE OTHER PARTY’S INSURANCE POLICIES, OR THE POLICIES OTHERWISE PERMIT IF SUCH PARTY OR ITS AFFILIATES ARE NOT SO NAMED, SUCH PARTY HEREBY RELEASES THE OTHER PARTY, AND ITS AFFILIATES, AND ITS EACH TERM LENDER (AND THEIR TRUSTEES, BENEFICIARIES, RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS) SHALL HAVE NO LIABILITY TO ANY OBLIGOR (WHETHER SOUNDING IN TORT, AND THE SUCCESSORS AND ASSIGNS OF EACH OF THE FOREGOING, FROM ANY AND ALL LIABILITY CONTRACT OR OTHERWISE) FOR MONETARY RELIEF, DAMAGE, LOSS, COST LOSSES OR EXPENSE COSTS SUFFERED OR INCURRED BY ANY OBLIGOR IN CONNECTION WITH OR IN ANY WAY RELATED TO THE RELEASING PARTYTRANSACTIONS CONTEMPLATED OR THE RELATIONSHIP ESTABLISHED BY ANY LOAN DOCUMENT, OR ANY ACT, OMISSION OR EVENT OCCURRING IN CONNECTION HEREWITH OR THEREWITH, EXCEPT FOR FORESEEABLE ACTUAL LOSSES RESULTING DIRECTLY FROM ADMINISTRATIVE AGENT'S OR ANY TERM LENDER'S OWN GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD AND (B) WAIVES, RELEASES AND AGREES NOT TO SUE UPON ANY CLAIM AGAINST ADMINISTRATIVE AGENT OR ANY TERM LENDER (XX THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS) WHETHER SOUNDING IN TORT, CONTRACT OR OTHERWISE, EXCEPT FOR CLAIMS FOR FORESEEABLE ACTUAL LOSSES RESULTING DIRECTLY FROM ADMINISTRATIVE AGENT'S OR ANY TERM LENDER'S OWN GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD. MOREOVER, WHETHER OR NOT DUE SUCH DAMAGES ARE RELATED TO A CLAIM THAT IS SUBJECT TO THE NEGLIGENT WAIVER EFFECTED ABOVE AND WHETHER OR OTHER ACTS NOT SUCH WAIVER IS EFFECTIVE, ADMINISTRATIVE AGENT AND ANY TERM LENDER (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS) SHALL HAVE NO LIABILITY WITH RESPECT TO (AND EACH OBLIGOR HEREBY WAIVES, RELEASES AND AGREES NOT TO SUE UPON ANY CLAIM FOR) ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIXX OR OMISSIONS OF THE PERSONS SO RELEASED NON-FORESEEABLE DAMAGES SUFFERED BY ANY OBLIGOR IN CONNECTION WITH OR IN ANY WAY RELATED TO THE EXTENT SUCH LIABILITYTRANSACTIONS CONTEMPLATED OR THE RELATIONSHIP ESTABLISHED BY ANY LOAN DOCUMENT, DAMAGEOR ANY ACT, LOSS, COST OMISSION OR EXPENSE IS COVERED BY THE INSURANCE POLICIES OF THE RELEASING PARTY, BUT (OTHER THAN AS PROVIDED EVENT OCCURRING IN ARTICLE XIV) ONLY TO THE EXTENT OF INSURANCE PROCEEDS RECEIVED. FOR AVOIDANCE OF DOUBT, THE PARTIES ACKNOWLEDGE THAT THE PRECEDING PORTION OF THIS SECTION 12.2 SHALL NOT BE DEEMED TO VITIATE CONNECTION HEREWITH OR SUPERSEDE ANY OBLIGATIONS OF (x) LEASE GUARANTOR IN RESPECT OF THE GUARANTEED OBLIGATIONS OR OTHERWISE HEREUNDER AND/OR (y) TENANT UNDER THE LEASE, IN EACH CASE IN ACCORDANCE WITH THE TERMS HEREOF AND THEREOFTHEREWITH.

Waiver of Liability. SOLELY AS BETWEEN TENANT AND MANAGERIn consideration for allowing Client to participate in the Activity, AS LONG AS A PARTY AND ANY AFFILIATES REQUESTED BY SUCH PARTY ARE A NAMED INSURED OR ADDITIONAL INSURED UNDER THE OTHER PARTY’S INSURANCE POLICIESI AGREE, OR THE POLICIES OTHERWISE PERMIT IF SUCH PARTY OR ITS AFFILIATES ARE NOT SO NAMEDto the greatest extent permitted by law, SUCH PARTY HEREBY RELEASES THE OTHER PARTY, AND ITS AFFILIATES, AND ITS AND THEIR TRUSTEES, BENEFICIARIES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, AND THE SUCCESSORS AND ASSIGNS OF EACH OF THE FOREGOING, FROM TO WAIVE ANY AND ALL LIABILITY CLAIMS AGAINST AND TO HOLD HARMLESS, RELEASE, INDEMNIFY, AND AGREE NOT TO XXX UAA, and any affiliated companies and/or subsidiaries, the land owner, and all their respective insurance companies, successors in interest, commercial & corporate sponsors, owners, affiliates, agents, employees, representatives, assignees, officers, directors, and shareholders (each a “Released Party”) FOR MONETARY RELIEFANY INJURY, DAMAGEINCLUDING DEATH, LOSS, COST PROPERTY DAMAGE OR EXPENSE INCURRED BY EXPENSE, WHICH I OR PARTICIPANT MAY SUFFER, ARISING IN WHOLE OR IN PART OUT OF CLIENT’S PARTICIPATION IN THE RELEASING ACTIVITY, INCLUDING BUT NOT LIMITED TO, THOSE CLAIMS BASED ON ANY RELEASED PARTY, WHETHER ’S ALLEGED OR NOT DUE TO THE NEGLIGENT ACTUAL NEGLIGENCE OR OTHER ACTS OR OMISSIONS BREACH OF THE PERSONS SO RELEASED TO THE EXTENT SUCH LIABILITY, DAMAGE, LOSS, COST OR EXPENSE IS COVERED BY THE INSURANCE POLICIES OF THE RELEASING PARTY, BUT (OTHER THAN AS PROVIDED IN ARTICLE XIV) ONLY TO THE EXTENT OF INSURANCE PROCEEDS RECEIVED. FOR AVOIDANCE OF DOUBT, THE PARTIES ACKNOWLEDGE THAT THE PRECEDING PORTION OF THIS SECTION 12.2 SHALL NOT BE DEEMED TO VITIATE OR SUPERSEDE ANY OBLIGATIONS OF (x) LEASE GUARANTOR IN RESPECT OF THE GUARANTEED OBLIGATIONS OR OTHERWISE HEREUNDER CONTRACT AND/OR (y) TENANT UNDER EXPRESS OR IMPLIED WARRANTY OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE LEASEPART OF ANY RELEASED PARTY TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT AGAINST THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITY. In further consideration for allowing Client to participate in the Activity, I FURTHER RELEASE AND GIVE UP ANY AND ALL CLAIMS AND RIGHTS THAT I MAY NOW HAVE AGAINST ANY RELEASED PARTY AND UNDERSTAND THIS RELEASES ALL CLAIMS, INCLUDING THOSE OF WHICH I AM NOT AWARE, THOSE NOT MENTIONED IN EACH CASE IN ACCORDANCE WITH THE TERMS HEREOF THIS RELEASE AND THEREOFTHOSE RESULTING FROM ANYTHING WHICH HAS HAPPENED UP TO NOW.

Waiver of Liability. SOLELY AS BETWEEN TENANT PARENT/ATHLETE UNDERSTANDS AND MANAGERACKNOWLEDGES THAT ATHLETE’S PARTICIPATION IN TYSR IS VOLUNTARY. PARENT/ATHLETE ACKNOWLEDGES THAT PARTICIPATING IN COMPETITION CHEERLEADING CONTAINS INHERENT RISKS AND DANGERS IN PARTICIPATING IN SUCH A SPORT. PARENT/ATHLETE AGREES TO ASSUME ALL RISK ASSOCIATED WITH PARTICIPATING IN COMPETITION CHEERLEADING AND AGREES TO INDEMNIFY AND HOLD HARMLESS TYCC, AS LONG AS A PARTY AND ANY AFFILIATES REQUESTED BY SUCH PARTY ARE A NAMED INSURED OR ADDITIONAL INSURED UNDER THE OTHER PARTY’S INSURANCE POLICIES, OR THE POLICIES OTHERWISE PERMIT IF SUCH PARTY OR ITS AFFILIATES ARE NOT SO NAMED, SUCH PARTY HEREBY RELEASES THE OTHER PARTY, AND ITS AFFILIATES, AND ITS AND THEIR TRUSTEES, BENEFICIARIES, DIRECTORS, OFFICERSCOACHES, EMPLOYEES AND AGENTS, EMPLOYEES, ASSIGNS AND/OR SUCCESSORS, CONTRACTORS, VENDORS AND SPONSORS (COLLECTIVELY THE SUCCESSORS AND ASSIGNS “RELEASED PARTIES”) FROM ANY RIGHTS OR CLAIMS RESULTING FROM ATHLETE’S PARTICIPATION IN TYCC, INCLUDING, WITHOUT LIMITATION, COST, EXPENSE, LIABILITY OR DAMAGE, INCLUDING REASONABLE ATTORNEYS’ FEES, RELATED TO THE INVESTIGATION OR DEFENSE OF EACH ANY RIGHT OR CLAIM INCURRED. PARENT/ATHLETE AGREE THAT THIS PARAGRAPH 3 IS BINDING UPON ANY HEIR, ASSIGN OR PERSONAL REPRESENTATIVE. PARENT/ATHLETE ACKNOWLEDGES THAT ATHLETE IS COVERED UNDER A POLICY OF THE FOREGOING, FROM MEDICAL INSURANCE TO COVER ANY AND ALL LIABILITY FOR MONETARY RELIEF, DAMAGE, LOSS, COST OR EXPENSE INCURRED EVENTS THAT ATHLETE PARTICIPATES IN DURING THE SEASON. PARENT/ATHLETE AGREES TO PROVIDE WRITTEN PROOF OF SAID INSURANCE TO TYCC UPON DEMAND BY THE RELEASING PARTYTYCC BOARD OF DIRECTORS. PARENT/ATHLETE AGREES THAT ATHLETE IS CAPABLE PHYSICALLY OF PARTICIPATING IN THE SPORT OF COMPETITION CHEERLEADING, WHETHER OR AND ATHLETES DOES NOT DUE TO THE NEGLIGENT OR OTHER ACTS OR OMISSIONS SUFFER PHYSICALLY FROM ANY MEDICAL CONDITION THAT MAY PUT ANOTHER TYCC ATHLETE IN DANGER OF THE PERSONS SO RELEASED TO THE EXTENT SUCH LIABILITY, DAMAGE, LOSS, COST OR EXPENSE IS COVERED BY THE INSURANCE POLICIES OF THE RELEASING PARTY, BUT (OTHER THAN AS PROVIDED IN ARTICLE XIV) ONLY TO THE EXTENT OF INSURANCE PROCEEDS RECEIVED. FOR AVOIDANCE OF DOUBT, THE PARTIES ACKNOWLEDGE THAT THE PRECEDING PORTION OF THIS SECTION 12.2 SHALL NOT BE DEEMED TO VITIATE OR SUPERSEDE ANY OBLIGATIONS OF (x) LEASE GUARANTOR IN RESPECT OF THE GUARANTEED OBLIGATIONS OR OTHERWISE HEREUNDER AND/OR (y) TENANT UNDER THE LEASE, IN EACH CASE IN ACCORDANCE WITH THE TERMS HEREOF AND THEREOFINJURY.

Waiver of Liability. SOLELY EXCEPT AS BETWEEN TENANT SPECIFCALLY SET FORTH TO THE CONTRARY HEREIN, AND MANAGERTO THE MAXIMUM EXTENT PERMITTED BY LAW, AS LONG AS A PARTY UNDER NO CIRCUMSTANCES AND ANY AFFILIATES REQUESTED BY SUCH PARTY ARE A NAMED INSURED OR ADDITIONAL INSURED UNDER THE OTHER PARTY’S INSURANCE POLICIESNO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL IFBYPHONE BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR ANY DAMAGES THAT RESULT IN ANY WAY FROM ANY USE OF THE POLICIES OTHERWISE PERMIT IF SUCH ACCOUNT OR THE SERVICE BY ANY PARTY OR ITS AFFILIATES THE INABILITY TO USE THE SERVICE ORCUSTOMER’S RELIANCE ON OR USE OF INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE SERVICE OR THE IFBYPHONE WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER SUCH DAMAGES ARE NOT SO NAMEDDIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF IFBYPHONE SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH PARTY HEREBY RELEASES THE OTHER PARTYDAMAGES. IF, AND ITS AFFILIATES, AND ITS AND THEIR TRUSTEES, BENEFICIARIES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, AND THE SUCCESSORS AND ASSIGNS OF EACH OF NOTWITHSTANDING THE FOREGOING, IFBYPHONE IS FOUND LIABLE FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND ALL REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY FOR MONETARY RELIEFOR OTHERWISE), DAMAGE, LOSS, COST OR EXPENSE INCURRED BY THE RELEASING PARTY, WHETHER OR NOT DUE IFBYPHONE'S LIABILITY TO CUSTOMER WILL BE LIMITED TO THE NEGLIGENT OR OTHER ACTS OR OMISSIONS OF AMOUNT PAID BY CUSTOMER FOR THE PERSONS SO RELEASED TO SERVICE SUBSCRIPTION IN THE EXTENT SUCH LIABILITY, DAMAGE, LOSS, COST OR EXPENSE IS COVERED BY THE INSURANCE POLICIES OF THE RELEASING PARTY, BUT LAST THREE (OTHER THAN AS PROVIDED IN ARTICLE XIV3) ONLY TO THE EXTENT OF INSURANCE PROCEEDS RECEIVED. FOR AVOIDANCE OF DOUBT, THE PARTIES ACKNOWLEDGE THAT THE PRECEDING PORTION OF THIS SECTION 12.2 SHALL NOT BE DEEMED TO VITIATE OR SUPERSEDE ANY OBLIGATIONS OF (x) LEASE GUARANTOR IN RESPECT OF THE GUARANTEED OBLIGATIONS OR OTHERWISE HEREUNDER AND/OR (y) TENANT UNDER THE LEASE, IN EACH CASE IN ACCORDANCE WITH THE TERMS HEREOF AND THEREOFMOST RECENTLY PAID MONTHS.

Waiver of Liability. SOLELY AS BETWEEN TENANT AND MANAGER, AS LONG AS A PARTY AND EACH OBLIGOR (A) AGREES THAT NEITHER ADMINISTRATIVE AGENT NOR ANY AFFILIATES REQUESTED BY SUCH PARTY ARE A NAMED INSURED OR ADDITIONAL INSURED UNDER THE OTHER PARTY’S INSURANCE POLICIES, OR THE POLICIES OTHERWISE PERMIT IF SUCH PARTY OR ITS AFFILIATES ARE NOT SO NAMED, SUCH PARTY HEREBY RELEASES THE OTHER PARTY, AND ITS AFFILIATES, AND ITS AND LENDER (NOR ANY OF THEIR TRUSTEES, BENEFICIARIES, DIRECTORS, OFFICERS, EMPLOYEES AND OR AGENTS) SHALL HAVE ANY LIABILITY TO ANY OBLIGOR (WHETHER SOUNDING IN TORT, AND THE SUCCESSORS AND ASSIGNS OF EACH OF THE FOREGOING, FROM ANY AND ALL LIABILITY CONTRACT OR OTHERWISE) FOR MONETARY RELIEF, DAMAGE, LOSS, COST LOSSES OR EXPENSE COSTS SUFFERED OR INCURRED BY ANY OBLIGOR IN CONNECTION WITH OR IN ANY WAY RELATED TO THE RELEASING PARTYTRANSACTIONS CONTEMPLATED OR THE RELATIONSHIP ESTABLISHED BY ANY LOAN DOCUMENT, OR ANY ACT, OMISSION OR EVENT OCCURRING IN CONNECTION HEREWITH OR THEREWITH, EXCEPT FOR FORESEEABLE ACTUAL LOSSES RESULTING DIRECTLY AND EXCLUSIVELY FROM ADMINISTRATIVE AGENT'S OR SUCH LENDER'S OWN GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD AND (B) WAIVES, RELEASES AND AGREES NOT TO SUE UPON ANY CLAIM AGAINST ADMINISTRATIVE AGENT OR ANY LEXXXR (OR THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS) WHETHER SOUNDING IN TORT, CONTRACT OR OTHERWISE, EXCEPT FOR CLAIMS FOR FORESEEABLE ACTUAL LOSSES RESULTING DIRECTLY AND EXCLUSIVELY FROM ADMINISTRATIVE AGENT'S OR SUCH LENDER'S OWN GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD. MOREOVER, WHETHER OR NOT DUE SUCH DAMAGES ARE RELATED TO A CLAIM THAT IS SUBJECT TO THE NEGLIGENT WAIVER EFFECTED ABOVE AND WHETHER OR OTHER ACTS NOT SUCH WAIVER IS EFFECTIVE, NEITHER ADMINISTRATIVE AGENT NOR ANY LENDER (NOR THEIR DIRECTORS, OFFICERS, EMPLOYEES OR OMISSIONS OF THE PERSONS SO RELEASED AGENTS) SHALL HAVE ANY LIABILITY WITH RESPECT TO (AND EACH OBLIGOR HEREBY WAIVES, RELEASES AND AGREES NOT TO SUE UPON ANY CLAIM FOR) ANY SPECIAL, INDIRECT, CONSEQUXXXIAL, PUNITIVE OR NON-FORESEEABLE DAMAGES SUFFERED BY ANY OBLIGOR IN CONNECTION WITH OR IN ANY WAY RELATED TO THE EXTENT SUCH LIABILITYTRANSACTIONS CONTEMPLATED OR THE RELATIONSHIP ESTABLISHED BY ANY LOAN DOCUMENT, DAMAGEOR ANY ACT, LOSS, COST OMISSION OR EXPENSE IS COVERED BY THE INSURANCE POLICIES OF THE RELEASING PARTY, BUT (OTHER THAN AS PROVIDED EVENT OCCURRING IN ARTICLE XIV) ONLY TO THE EXTENT OF INSURANCE PROCEEDS RECEIVED. FOR AVOIDANCE OF DOUBT, THE PARTIES ACKNOWLEDGE THAT THE PRECEDING PORTION OF THIS SECTION 12.2 SHALL NOT BE DEEMED TO VITIATE CONNECTION HEREWITH OR SUPERSEDE ANY OBLIGATIONS OF (x) LEASE GUARANTOR IN RESPECT OF THE GUARANTEED OBLIGATIONS OR OTHERWISE HEREUNDER AND/OR (y) TENANT UNDER THE LEASE, IN EACH CASE IN ACCORDANCE WITH THE TERMS HEREOF AND THEREOFTHEREWITH.

Waiver of Liability. SOLELY AS BETWEEN TENANT AND MANAGER, AS LONG AS A PARTY AND ANY AFFILIATES REQUESTED BY SUCH PARTY ARE A NAMED INSURED OR ADDITIONAL INSURED UNDER THE OTHER PARTY’S INSURANCE POLICIESIN NO EVENT SHALL SURELINE, OR THE POLICIES OTHERWISE PERMIT IF SUCH PARTY ITS ASSOCIATED PARTIES, SUPPLIERS, CONTRACTORS, AND/OR LICENSORS BE LIABLE FOR ANY LOSS, DAMAGE OR CLAIM ARISING OUT OF OR RELATED TO: (i) STORED, TRANSMITTED, OR RECORDED DATA, FILES, OR SOFTWARE; (ii) ANY ACT OR OMISSION OF CUSTOMER, ITS AFFILIATES ARE NOT SO NAMEDUSERS OR THIRD PARTIES; (iii) INTEROPERABILITY, SUCH PARTY HEREBY RELEASES THE OTHER PARTYINTERACTION, AND ITS AFFILIATES, AND ITS AND THEIR TRUSTEES, BENEFICIARIES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, AND THE SUCCESSORS AND ASSIGNS OF EACH OR INTERCONNECTION OF THE FOREGOINGSERVICES WITH APPLICATIONS, ANY EQUIPMENT, SERVICES OR NETWORKS PROVIDED BY CUSTOMER OR THIRD PARTIES; OR (iv) LOSS OR DESTRUCTION OF ANY CUSTOMER OR THIRD-PARTY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM ANY AND ALL LIABILITY FOR MONETARY RELIEFVIRUS OR OTHER HARMFUL FEATURE OR FROM ANY ATTEMPT TO REMOVE IT, (V) LOSS, DAMAGE, LOSS, COST OR EXPENSE INCURRED BY THE RELEASING PARTY, WHETHER OR NOT DESTRUSTION TO CUSTOMER PROPERTY DUE TO THE NEGLIGENT NATURAL DISASTER, INCLIMENT WEATHER, OTHER WEATHER REALTED ISSUES, OR OTHER ACTS OR OMISSIONS UNFORSEEN ISSUES. 6.3 DISCLAIMER OF THE PERSONS SO RELEASED TO THE EXTENT SUCH LIABILITYWARRANTIES. SERVICES, DAMAGESURELINE EQUIPMENT, LOSSSURELINE NETWORK, COST OR EXPENSE IS COVERED BY THE INSURANCE POLICIES OF THE RELEASING PARTY, BUT (OTHER THAN AS PROVIDED IN ARTICLE XIV) ONLY TO THE EXTENT OF INSURANCE PROCEEDS RECEIVED. FOR AVOIDANCE OF DOUBT, THE PARTIES ACKNOWLEDGE THAT THE PRECEDING PORTION OF THIS SECTION 12.2 SHALL NOT BE DEEMED TO VITIATE OR SUPERSEDE ANY OBLIGATIONS OF (x) LEASE GUARANTOR IN RESPECT OF THE GUARANTEED OBLIGATIONS OR OTHERWISE HEREUNDER AND/OR (y) TENANT UNDER THE LEASE, IN EACH CASE IN ACCORDANCE WITH LICENSED SOFTWARE SHALL BE PROVIDED PURSUANT TO THE TERMS HEREOF AND THEREOFCONDITIONS IN THE APPLICABLE PSA(s), AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, SURELINE EQUIPMENT, OR LICENSED SOFTWARE (IF ANY).

Waiver of Liability. SOLELY AS BETWEEN TENANT AND MANAGEREACH PLEDGOR (A) AGREES THAT PHP SHALL HAVE NO LIABILITY TO PLEDGOR (WHETHER SOUNDING IN TORT, AS LONG AS A PARTY AND CONTRACT OR OTHERWISE) FOR LOSSES SUFFERED BY ANY AFFILIATES REQUESTED BY SUCH PARTY ARE A NAMED INSURED OR ADDITIONAL INSURED UNDER THE OTHER PARTY’S INSURANCE POLICIESPLEDGOR IN CONNECTION WITH, ARISING OUT OF, OR IN ANY WAY RELATED TO, THE POLICIES OTHERWISE PERMIT IF SUCH PARTY TRANSACTIONS CONTEMPLATED AND THE RELATIONSHIP ESTABLISHED BY THIS PLEDGE AND SECURITY AGREEMENT, OR ITS AFFILIATES ARE NOT SO NAMEDANY ACT, SUCH PARTY HEREBY RELEASES THE OTHER PARTYOMISSION OR EVENT OCCURRING IN CONNECTION THEREWITH, EXCEPT CLAIMS RESULTING FROM PHP'S WILLFUL MISCONDUCT OR FRAUD, AND ITS AFFILIATES(B) WAIVES, RELEASES AND ITS AND THEIR TRUSTEESAGREES NOT TO XXX UPON ANY CLAIM AGAINST PHP (WHETHER SOUNDING IN TORT, BENEFICIARIESCONTRACT OR OTHERWISE), DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, AND THE SUCCESSORS AND ASSIGNS OF EACH OF THE FOREGOING, EXCEPT CLAIMS RESULTING FROM ANY AND ALL LIABILITY FOR MONETARY RELIEF, DAMAGE, LOSS, COST PHP'S WILLFUL MISCONDUCT OR EXPENSE INCURRED BY THE RELEASING PARTY, FRAUD. WHETHER OR NOT DUE SUCH DAMAGES ARE RELATED TO A CLAIM THAT IS SUBJECT TO THE NEGLIGENT WAIVER EFFECTED ABOVE AND WHETHER OR OTHER ACTS NOT SUCH WAIVER IS EFFECTIVE, PHP SHALL HAVE NO LIABILITY WITH RESPECT TO, AND EACH PLEDGOR HEREBY WAIVES, RELEASES AND AGREES NOT TO XXX UPON ANY CLAIM FOR, ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR OMISSIONS OF THE PERSONS SO RELEASED PUNITIVE DAMAGES SUFFERED BY ANY PLEDGOR IN CONNECTION WITH, ARISING OUT OF, OR IN ANY WAY RELATED TO THE EXTENT SUCH LIABILITY, DAMAGE, LOSS, COST TRANSACTIONS CONTEMPLATED OR EXPENSE IS COVERED THE RELATIONSHIP ESTABLISHED BY THE INSURANCE POLICIES OF THE RELEASING PARTY, BUT (OTHER THAN AS PROVIDED IN ARTICLE XIV) ONLY TO THE EXTENT OF INSURANCE PROCEEDS RECEIVED. FOR AVOIDANCE OF DOUBTTHIS PLEDGE AND SECURITY AGREEMENT, THE PARTIES ACKNOWLEDGE THAT STOCK PURCHASE AGREEMENT OR THE PRECEDING PORTION OF THIS SECTION 12.2 SHALL NOT BE DEEMED TO VITIATE STOCK PURCHASE NOTE, OR SUPERSEDE ANY OBLIGATIONS OF (x) LEASE GUARANTOR ACT, OMISSION OR EVENT OCCURRING IN RESPECT OF THE GUARANTEED OBLIGATIONS CONNECTION HEREWITH OR OTHERWISE HEREUNDER AND/OR (y) TENANT UNDER THE LEASE, IN EACH CASE IN ACCORDANCE WITH THE TERMS HEREOF AND THEREOFTHEREWITH.

Waiver of Liability. SOLELY AS BETWEEN TENANT AND MANAGER, AS LONG AS A PARTY AND EACH OBLIGOR (A) AGREES THAT NEITHER ADMINISTRATIVE AGENT NOR ANY AFFILIATES REQUESTED BY SUCH PARTY ARE A NAMED INSURED OR ADDITIONAL INSURED UNDER THE OTHER PARTY’S INSURANCE POLICIES, OR THE POLICIES OTHERWISE PERMIT IF SUCH PARTY OR ITS AFFILIATES ARE NOT SO NAMED, SUCH PARTY HEREBY RELEASES THE OTHER PARTY, AND ITS AFFILIATES, AND ITS AND LENDER (NOR ANY OF THEIR TRUSTEES, BENEFICIARIES, DIRECTORS, OFFICERS, EMPLOYEES AND OR AGENTS) SHALL HAVE ANY LIABILITY TO ANY OBLIGOR (WHETHER SOUNDING IN TORT, AND THE SUCCESSORS AND ASSIGNS OF EACH OF THE FOREGOING, FROM ANY AND ALL LIABILITY CONTRACT OR OTHERWISE) FOR MONETARY RELIEF, DAMAGE, LOSS, COST LOSSES OR EXPENSE COSTS SUFFERED OR INCURRED BY ANY OBLIGOR IN CONNECTION WITH OR IN ANY WAY RELATED TO THE RELEASING PARTYTRANSACTIONS CONTEMPLATED OR THE RELATIONSHIP ESTABLISHED BY ANY LOAN DOCUMENT, OR ANY ACT, OMISSION OR EVENT OCCURRING IN CONNECTION HEREWITH OR THEREWITH, EXCEPT FOR FORESEEABLE ACTUAL LOSSES RESULTING DIRECTLY AND EXCLUSIVELY FROM ADMINISTRATIVE AGENT'S OR SUCH LENDER'S OWN GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD AND (B) WAIVES, RELEASES AND AGREES NOT TO SUE UPON ANY CLAIM AGAINST ADMINISTRATIVE AGENT OR ANY LENDER (OR THXXX DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS) WHETHER SOUNDING IN TORT, CONTRACT OR OTHERWISE, EXCEPT FOR CLAIMS FOR FORESEEABLE ACTUAL LOSSES RESULTING DIRECTLY AND EXCLUSIVELY FROM ADMINISTRATIVE AGENT'S OR SUCH LENDER'S OWN GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD. MOREOVER, WHETHER OR NOT DUE SUCH DAMAGES ARE RELATED TO A CLAIM THAT IS SUBJECT TO THE NEGLIGENT WAIVER EFFECTED ABOVE AND WHETHER OR OTHER ACTS NOT SUCH WAIVER IS EFFECTIVE, NEITHER ADMINISTRATIVE AGENT NOR ANY LENDER (NOR THEIR DIRECTORS, OFFICERS, EMPLOYEES OR OMISSIONS OF THE PERSONS SO RELEASED AGENTS) SHALL HAVE ANY LIABILITY WITH RESPECT TO (AND EACH OBLIGOR HEREBY WAIVES, RELEASES AND AGREES NOT TO SUE UPON ANY CLAIM FOR) ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIXX OR NON-FORESEEABLE DAMAGES SUFFERED BY ANY OBLIGOR IN CONNECTION WITH OR IN ANY WAY RELATED TO THE EXTENT SUCH LIABILITYTRANSACTIONS CONTEMPLATED OR THE RELATIONSHIP ESTABLISHED BY ANY LOAN DOCUMENT, DAMAGEOR ANY ACT, LOSS, COST OMISSION OR EXPENSE IS COVERED BY THE INSURANCE POLICIES OF THE RELEASING PARTY, BUT (OTHER THAN AS PROVIDED EVENT OCCURRING IN ARTICLE XIV) ONLY TO THE EXTENT OF INSURANCE PROCEEDS RECEIVED. FOR AVOIDANCE OF DOUBT, THE PARTIES ACKNOWLEDGE THAT THE PRECEDING PORTION OF THIS SECTION 12.2 SHALL NOT BE DEEMED TO VITIATE CONNECTION HEREWITH OR SUPERSEDE ANY OBLIGATIONS OF (x) LEASE GUARANTOR IN RESPECT OF THE GUARANTEED OBLIGATIONS OR OTHERWISE HEREUNDER AND/OR (y) TENANT UNDER THE LEASE, IN EACH CASE IN ACCORDANCE WITH THE TERMS HEREOF AND THEREOFTHEREWITH.

Waiver of Liability. SOLELY AS BETWEEN TENANT AND MANAGER, AS LONG AS A PARTY AND ANY AFFILIATES REQUESTED BY SUCH PARTY ARE A NAMED INSURED OR ADDITIONAL INSURED UNDER BOTH PARTIES AGREE TO WAIVE ALL CLAIMS FROM THE OTHER PARTY’S INSURANCE POLICIESPARTY AS SUCH CLAIMS RELATE TO (A) ALL PERSONAL PROPERTY, FIXTURES OR THE POLICIES OTHERWISE PERMIT IF SUCH PARTY OR ITS AFFILIATES ARE NOT SO NAMED, SUCH PARTY HEREBY RELEASES THE OTHER PARTY, AND ITS AFFILIATES, AND ITS AND THEIR TRUSTEES, BENEFICIARIES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, AND THE SUCCESSORS AND ASSIGNS OF EACH OF THE FOREGOING, FROM ANY AND ALL LIABILITY FOR MONETARY RELIEF, DAMAGE, LOSS, COST OR EXPENSE INCURRED BY THE RELEASING PARTY, WHETHER OR NOT DUE IMPROVEMENTS MADE TO THE NEGLIGENT OR OTHER ACTS OR OMISSIONS PREMISES BY LESSEE, WHICH PROPERTY SHALL BE AT THE RISK OF THE PERSONS SO RELEASED TO THE EXTENT SUCH LIABILITYLESSEE, DAMAGEAND, LOSS, COST OR EXPENSE IS COVERED BY THE INSURANCE POLICIES OF THE RELEASING PARTY, BUT (OTHER THAN EXCEPT AS SPECIFICALLY PROVIDED IN ARTICLE XIV) ONLY TO THE EXTENT OF INSURANCE PROCEEDS RECEIVED. FOR AVOIDANCE OF DOUBTTHIS LEASE, THE PARTIES ACKNOWLEDGE THAT THE PRECEDING PORTION OF THIS SECTION 12.2 LESSOR SHALL NOT BE DEEMED LIABLE FOR ANY LOSS OF OR DAMAGE TO VITIATE PROPERTY (OF WHATEVER NATURE) OF LESSEE OR SUPERSEDE OF ANY OBLIGATIONS OTHER LESSEE PARTY, OR OF (x) LEASE GUARANTOR IN RESPECT OTHERS, REGARDLESS OF WHETHER SUCH PROPERTY IS ENTRUSTED TO EMPLOYEES OF THE GUARANTEED OBLIGATIONS PREMISES, OR OTHERWISE HEREUNDER AND/SUCH LOSS OR DAMAGE IS OCCASIONED BY CASUALTY, THEFT, FAILURE OF LESSOR TO MAINTAIN THE STRUCTURAL PORTIONS OF THE PREMISES, OR ANY OTHER CAUSE OF WHATSOEVER NATURE, IT BEING THE RESPONSIBILITY OF LESSEE TO SECURE AND MAINTAIN NECESSARY INSURANCE COVERAGE FOR SUCH PROPERTY, OR (yB) TENANT UNDER ALL REAL PROPERTY COMPRISING THE LEASEPREMISES, IN EACH CASE IN ACCORDANCE WITH THE TERMS HEREOF COMMON AREAS OR THE PROPERTY, OR ANY PERSONAL PROPERTY OWNED BY LESSOR, WHICH PROPERTY SHALL BE AT THE RISK OF LESSOR, AND THEREOFLESSEE SHALL NOT BE LIABLE FOR ANY LOSS OF OR DAMAGE TO PROPERTY (OF WHATEVER NATURE) OF LESSOR, ITS EMPLOYEES, AGENTS, CUSTOMERS, INVITEES, OR TO OTHERS, REGARDLESS OF WHETHER SUCH LOSS OR DAMAGE IS OCCASIONED BY CASUALTY, THEFT, FAILURE OF LESSEE TO MAINTAIN THE PREMISES, OR ANY OTHER CAUSE OF WHATSOEVER NATURE, IT BEING THE RESPONSIBILITY OF LESSOR TO SECURE AND MAINTAIN NECESSARY INSURANCE COVERAGE FOR SUCH PROPERTY.

Waiver of Liability. SOLELY AS BETWEEN TENANT AND MANAGERGRANTOR (A) AGREES THAT NEITHER ADMINISTRATIVE AGENT NOR ANY LENDER (NOR ANY DIRECTOR, AS LONG AS A PARTY AND OFFICER, EMPLOYEE OR AGENT OF ADMINISTRATIVE AGENT OR ANY AFFILIATES REQUESTED LENDER) SHALL HAVE ANY LIABILITY TO GRANTOR (WHETHER SOUNDING IN TORT, CONTRACT OR OTHERWISE) FOR LOSSES OR COSTS SUFFERED OR INCURRED BY SUCH PARTY ARE A NAMED INSURED GRANTOR IN ANY WAY RELATED TO THE TRANSACTIONS CONTEMPLATED OR ADDITIONAL INSURED UNDER THE OTHER PARTY’S INSURANCE POLICIESRELATIONSHIP ESTABLISHED BY ANY LOAN DOCUMENT, OR THE POLICIES OTHERWISE PERMIT IF ANY ACT, OMISSION OR EVENT OCCURRING IN CONNECTION THEREWITH, EXCEPT FOR FORESEEABLE ACTUAL LOSSES RESULTING DIRECTLY AND EXCLUSIVELY FROM ADMINISTRATIVE AGENT OR SUCH PARTY LENDER'S OWN GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR ITS AFFILIATES ARE NOT SO NAMED, SUCH PARTY HEREBY RELEASES THE OTHER PARTYFRAUD, AND ITS AFFILIATES(B) WAIVES, RELEASES AND ITS AND THEIR TRUSTEES, BENEFICIARIES, AGREES NOT TO SUE UPON ANY CLAIM AGAINST ADMINISTRATIVE AGENT OR ANY LENDER (OR TXXXR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS) WHETHER SOUNDING IN TORT, CONTRACT OR OTHERWISE, EXCEPT FOR CLAIMS FOR FORESEEABLE ACTUAL LOSSES RESULTING DIRECTLY AND AGENTSEXCLUSIVELY FROM ADMINISTRATIVE AGENT'S OR SUCH LENDER'S OWN GROSS NEGLIGENCE, AND THE SUCCESSORS AND ASSIGNS OF EACH OF THE FOREGOING, FROM ANY AND ALL LIABILITY FOR MONETARY RELIEF, DAMAGE, LOSS, COST WILLFUL MISCONDUCT OR EXPENSE INCURRED BY THE RELEASING PARTYFRAUD. MOREOVER, WHETHER OR NOT DUE SUCH DAMAGES ARE RELATED TO A CLAIM THAT IS SUBJECT TO THE NEGLIGENT WAIVER EFFECTED ABOVE AND WHETHER OR OTHER ACTS NOT SUCH WAIVER IS EFFECTIVE, NEITHER ADMINISTRATIVE AGENT NOR ANY LENDER (NOR ANY DIRECTOR, OFFICER, EMPLOYEE OR OMISSIONS AGENT OF THE PERSONS SO RELEASED ADMINISTRATIVE AGENT OR ANY LENDER) SHALL HAVE ANY LIABILITY WITH RESPECT TO (AND GRANTOR HEREBY WAIVES, RELEASES AND AGREES NOT TO SUE UPON ANY CLAIM FOR) ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITXXX OR NON-FORESEEABLE DAMAGES SUFFERED BY GRANTOR IN ANY WAY RELATED TO THE EXTENT SUCH LIABILITYTRANSACTIONS CONTEMPLATED OR THE RELATIONSHIP ESTABLISHED BY ANY LOAN DOCUMENT, DAMAGEOR ANY ACT, LOSS, COST OMISSION OR EXPENSE IS COVERED BY THE INSURANCE POLICIES OF THE RELEASING PARTY, BUT (OTHER THAN AS PROVIDED EVENT OCCURRING IN ARTICLE XIV) ONLY TO THE EXTENT OF INSURANCE PROCEEDS RECEIVED. FOR AVOIDANCE OF DOUBT, THE PARTIES ACKNOWLEDGE THAT THE PRECEDING PORTION OF THIS SECTION 12.2 SHALL NOT BE DEEMED TO VITIATE OR SUPERSEDE ANY OBLIGATIONS OF (x) LEASE GUARANTOR IN RESPECT OF THE GUARANTEED OBLIGATIONS OR OTHERWISE HEREUNDER AND/OR (y) TENANT UNDER THE LEASE, IN EACH CASE IN ACCORDANCE WITH THE TERMS HEREOF AND THEREOFCONNECTION THEREWITH.

Waiver of Liability. SOLELY AS BETWEEN TENANT PARENT/ATHLETE UNDERSTANDS AND MANAGERACKNOWLEDGES THAT ATHLETE’S PARTICIPATION IN TYSR IS VOLUNTARY. PARENT/ATHLETE ACKNOWLEDGES THAT PARTICIPATING IN COMPETITION CHEERLEADING CONTAINS INHERENT RISKS AND DANGERS IN PARTICIPATING IN SUCH A SPORT. PARENT/ATHLETE AGREES TO ASSUME ALL RISK ASSOCIATED WITH PARTICIPATING IN COMPETITION CHEERLEADING AND AGREES TO INDEMNIFY AND HOLD HARMLESS TYCC, AS LONG AS A PARTY AND ANY AFFILIATES REQUESTED BY SUCH PARTY ARE A NAMED INSURED OR ADDITIONAL INSURED UNDER THE OTHER PARTY’S INSURANCE POLICIES, OR THE POLICIES OTHERWISE PERMIT IF SUCH PARTY OR ITS AFFILIATES ARE NOT SO NAMED, SUCH PARTY HEREBY RELEASES THE OTHER PARTY, AND ITS AFFILIATES, AND ITS AND THEIR TRUSTEES, BENEFICIARIES, DIRECTORS, OFFICERSCOACHES, EMPLOYEES AND AGENTS, EMPLOYEES, ASSIGNS AND/OR SUCCESSORS, CONTRACTORS, VENDORS AND SPONSORS (COLLECTIVELY THE SUCCESSORS AND ASSIGNS “RELEASED PARTIES”) FROM ANY RIGHTS OR CLAIMS RESULTING FROM ATHLETE’S PARTICIPATION IN TYCC, INCLUDING, WITHOUT LIMITATION, COST, EXPENSE, LIABILITY OR DAMAGE, INCLUDING REASONABLE ATTORNEYS’ FEES, RELATED TO THE INVESTIGATION OR DEFENSE OF EACH ANY RIGHT OR CLAIM INCURRED. PARENT/ATHLETE AGREE THAT THIS PARAGRAPH 3 IS BINDING UPON ANY HEIR, ASSIGN OR PERSONAL REPRESENTATIVE. PARENT/ATHLETE ACKNOWLEDGES THAT ATHLETE IS COVERED UNDER A POLICY OF THE FOREGOING, FROM MEDICAL INSURANCE TO COVER ANY AND ALL LIABILITY FOR MONETARY RELIEF, DAMAGE, LOSS, COST OR EXPENSE INCURRED EVENTS THAT ATHLETE PARTICIPATES IN DURING THE SEASON. PARENT/ATHLETE AGREES TO PROVIDE WRITTEN PROOF OF SAID INSURANCE TO TYCC UPON DEMAND BY THE RELEASING PARTYTYCC BOARD OF DIRECTORS. PARENT/ATHLETE AGREES THAT ATHLETE IS CAPABLE PHYSICIALLY OF PARTICIPATING IN THE SPORT OF COMPETITION CHEERLEADING, WHETHER OR AND ATHLETES DOES NOT DUE TO THE NEGLIGENT OR OTHER ACTS OR OMISSIONS SUFFER PHYSICALLY FROM ANY MEDICAL CONDITION THAT MAY PUT ANOTHER TYCC ATHLETE IN DANGER OF THE PERSONS SO RELEASED TO THE EXTENT SUCH LIABILITY, DAMAGE, LOSS, COST OR EXPENSE IS COVERED BY THE INSURANCE POLICIES OF THE RELEASING PARTY, BUT (OTHER THAN AS PROVIDED IN ARTICLE XIV) ONLY TO THE EXTENT OF INSURANCE PROCEEDS RECEIVED. FOR AVOIDANCE OF DOUBT, THE PARTIES ACKNOWLEDGE THAT THE PRECEDING PORTION OF THIS SECTION 12.2 SHALL NOT BE DEEMED TO VITIATE OR SUPERSEDE ANY OBLIGATIONS OF (x) LEASE GUARANTOR IN RESPECT OF THE GUARANTEED OBLIGATIONS OR OTHERWISE HEREUNDER AND/OR (y) TENANT UNDER THE LEASE, IN EACH CASE IN ACCORDANCE WITH THE TERMS HEREOF AND THEREOFINJURY.

Waiver of Liability. SOLELY AS BETWEEN TENANT AND MANAGERGRANTOR (A) AGREES THAT NEITHER ADMINISTRATIVE AGENT NOR ANY LENDER (NOR ANY DIRECTOR, AS LONG AS A PARTY AND OFFICER, EMPLOYEE OR AGENT OF ADMINISTRATIVE AGENT OR ANY AFFILIATES REQUESTED LENDER) SHALL HAVE ANY LIABILITY TO GRANTOR (WHETHER SOUNDING IN TORT, CONTRACT OR OTHERWISE) FOR LOSSES OR COSTS SUFFERED OR INCURRED BY SUCH PARTY ARE A NAMED INSURED GRANTOR IN ANY WAY RELATED TO THE TRANSACTIONS CONTEMPLATED OR ADDITIONAL INSURED UNDER THE OTHER PARTY’S INSURANCE POLICIESRELATIONSHIP ESTABLISHED BY ANY LOAN DOCUMENT, OR THE POLICIES OTHERWISE PERMIT IF ANY ACT, OMISSION OR EVENT OCCURRING IN CONNECTION THEREWITH, EXCEPT FOR FORESEEABLE ACTUAL LOSSES RESULTING DIRECTLY AND EXCLUSIVELY FROM ADMINISTRATIVE AGENT OR SUCH PARTY LENDER'S OWN GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR ITS AFFILIATES ARE NOT SO NAMED, SUCH PARTY HEREBY RELEASES THE OTHER PARTYFRAUD, AND ITS AFFILIATES(B) WAIVES, RELEASES AND ITS AND AGREES NOT TO XXX UPON ANY CLAIM AGAINST ADMINISTRATIVE AGENT OR ANY LENDER (OR THEIR TRUSTEES, BENEFICIARIES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS) WHETHER SOUNDING IN TORT, CONTRACT OR OTHERWISE, EXCEPT FOR CLAIMS FOR FORESEEABLE ACTUAL LOSSES RESULTING DIRECTLY AND AGENTSEXCLUSIVELY FROM ADMINISTRATIVE AGENT'S OR SUCH LENDER'S OWN GROSS NEGLIGENCE, AND THE SUCCESSORS AND ASSIGNS OF EACH OF THE FOREGOING, FROM ANY AND ALL LIABILITY FOR MONETARY RELIEF, DAMAGE, LOSS, COST WILLFUL MISCONDUCT OR EXPENSE INCURRED BY THE RELEASING PARTYFRAUD. MOREOVER, WHETHER OR NOT DUE SUCH DAMAGES ARE RELATED TO A CLAIM THAT IS SUBJECT TO THE NEGLIGENT WAIVER EFFECTED ABOVE AND WHETHER OR OTHER ACTS NOT SUCH WAIVER IS EFFECTIVE, NEITHER ADMINISTRATIVE AGENT NOR ANY LENDER (NOR ANY DIRECTOR, OFFICER, EMPLOYEE OR OMISSIONS AGENT OF THE PERSONS SO RELEASED ADMINISTRATIVE AGENT OR ANY LENDER) SHALL HAVE ANY LIABILITY WITH RESPECT TO (AND GRANTOR HEREBY WAIVES, RELEASES AND AGREES NOT TO XXX UPON ANY CLAIM FOR) ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR NON-FORESEEABLE DAMAGES SUFFERED BY GRANTOR IN ANY WAY RELATED TO THE EXTENT SUCH LIABILITYTRANSACTIONS CONTEMPLATED OR THE RELATIONSHIP ESTABLISHED BY ANY LOAN DOCUMENT, DAMAGEOR ANY ACT, LOSS, COST OMISSION OR EXPENSE IS COVERED BY THE INSURANCE POLICIES OF THE RELEASING PARTY, BUT (OTHER THAN AS PROVIDED EVENT OCCURRING IN ARTICLE XIV) ONLY TO THE EXTENT OF INSURANCE PROCEEDS RECEIVED. FOR AVOIDANCE OF DOUBT, THE PARTIES ACKNOWLEDGE THAT THE PRECEDING PORTION OF THIS SECTION 12.2 SHALL NOT BE DEEMED TO VITIATE OR SUPERSEDE ANY OBLIGATIONS OF (x) LEASE GUARANTOR IN RESPECT OF THE GUARANTEED OBLIGATIONS OR OTHERWISE HEREUNDER AND/OR (y) TENANT UNDER THE LEASE, IN EACH CASE IN ACCORDANCE WITH THE TERMS HEREOF AND THEREOFCONNECTION THEREWITH.

Waiver of Liability. SOLELY AS BETWEEN TENANT AND MANAGER, AS LONG AS A PARTY AND EACH BORROWER (A) AGREES THAT NEITHER ADMINISTRATIVE AGENT NOR ANY AFFILIATES REQUESTED BY SUCH PARTY ARE A NAMED INSURED OR ADDITIONAL INSURED UNDER THE OTHER PARTY’S INSURANCE POLICIES, OR THE POLICIES OTHERWISE PERMIT IF SUCH PARTY OR ITS AFFILIATES ARE NOT SO NAMED, SUCH PARTY HEREBY RELEASES THE OTHER PARTY, AND ITS AFFILIATES, AND ITS AND LENDER (NOR ANY OF THEIR TRUSTEES, BENEFICIARIES, DIRECTORS, OFFICERS, EMPLOYEES AND OR AGENTS) SHALL HAVE ANY LIABILITY TO ANY BORROWER (WHETHER SOUNDING IN TORT, AND THE SUCCESSORS AND ASSIGNS OF EACH OF THE FOREGOING, FROM ANY AND ALL LIABILITY CONTRACT OR OTHERWISE) FOR MONETARY RELIEF, DAMAGE, LOSS, COST LOSSES OR EXPENSE COSTS SUFFERED OR INCURRED BY ANY BORROWER IN CONNECTION WITH OR IN ANY WAY RELATED TO THE RELEASING PARTYTRANSACTIONS CONTEMPLATED OR THE RELATIONSHIP ESTABLISHED BY ANY LOAN DOCUMENT, OR ANY ACT, OMISSION OR EVENT OCCURRING IN CONNECTION HEREWITH OR THEREWITH, EXCEPT FOR FORESEEABLE ACTUAL LOSSES RESULTING DIRECTLY FROM ADMINISTRATIVE AGENT'S OR SUCH LENDER'S OWN GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD AND (B) WAIVES, RELEASES AND AGREES NOT TO SXX UPON ANY CLAIM AGAINST ADMINISTRATIVE AGENT OR ANY LENDER (OR THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS) WHETHER SOUNDING IN TORT, CONTRACT OR OTHERWISE, EXCEPT FOR CLAIMS FOR FORESEEABLE ACTUAL LOSSES RESULTING DIRECTLY AND EXCLUSIVELY FROM ADMINISTRATIVE AGENT'S OR SUCH LENDER'S OWN GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD. MOREOVER, WHETHER OR NOT DUE SUCH DAMAGES ARE RELATED TO A CLAIM THAT IS SUBJECT TO THE NEGLIGENT WAIVER EFFECTED ABOVE AND WHETHER OR OTHER ACTS NOT SUCH WAIVER IS EFFECTIVE, NEITHER ADMINISTRATIVE AGENT NOR ANY LENDER (NOR THEIR DIRECTORS, OFFICERS, EMPLOYEES OR OMISSIONS OF THE PERSONS SO RELEASED AGENTS) SHALL HAVE ANY LIABILITY WITH RESPECT TO (AND EACH BORROWER HEREBY WAIVES, RELEASES AND AGREES NOT TO SXX UPON ANY CLAIM FOR) ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR NON-FORESEEABLE DAMAGES SUFFERED BY ANY BORROWER IN CONNECTION WITH OR IN ANY WAY RELATED TO THE EXTENT SUCH LIABILITYTRANSACTIONS CONTEMPLATED OR THE RELATIONSHIP ESTABLISHED BY ANY LOAN DOCUMENT, DAMAGEOR ANY ACT, LOSS, COST OMISSION OR EXPENSE IS COVERED BY THE INSURANCE POLICIES OF THE RELEASING PARTY, BUT (OTHER THAN AS PROVIDED EVENT OCCURRING IN ARTICLE XIV) ONLY TO THE EXTENT OF INSURANCE PROCEEDS RECEIVED. FOR AVOIDANCE OF DOUBT, THE PARTIES ACKNOWLEDGE THAT THE PRECEDING PORTION OF THIS SECTION 12.2 SHALL NOT BE DEEMED TO VITIATE CONNECTION HEREWITH OR SUPERSEDE ANY OBLIGATIONS OF (x) LEASE GUARANTOR IN RESPECT OF THE GUARANTEED OBLIGATIONS OR OTHERWISE HEREUNDER AND/OR (y) TENANT UNDER THE LEASE, IN EACH CASE IN ACCORDANCE WITH THE TERMS HEREOF AND THEREOFTHEREWITH.

Waiver of Liability. SOLELY AS BETWEEN TENANT AND MANAGERGRANTOR (A) AGREES THAT NEITHER ADMINISTRATIVE AGENT NOR ANY LENDER (NOR ANY DIRECTOR, AS LONG AS A PARTY AND OFFICER, EMPLOYEE OR AGENT OF ADMINISTRATIVE AGENT OR ANY AFFILIATES REQUESTED LENDER) SHALL HAVE ANY LIABILITY TO GRANTOR (WHETHER SOUNDING IN TORT, CONTRACT OR OTHERWISE) FOR LOSSES OR COSTS SUFFERED OR INCURRED BY SUCH PARTY ARE A NAMED INSURED GRANTOR IN ANY WAY RELATED TO THE TRANSACTIONS CONTEMPLATED OR ADDITIONAL INSURED UNDER THE OTHER PARTY’S INSURANCE POLICIESRELATIONSHIP ESTABLISHED BY ANY LOAN DOCUMENT, OR THE POLICIES OTHERWISE PERMIT IF ANY ACT, OMISSION OR EVENT OCCURRING IN CONNECTION THEREWITH, EXCEPT FOR FORESEEABLE ACTUAL LOSSES RESULTING DIRECTLY AND EXCLUSIVELY FROM ADMINISTRATIVE AGENT OR SUCH PARTY LENDER'S OWN GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR ITS AFFILIATES ARE NOT SO NAMED, SUCH PARTY HEREBY RELEASES THE OTHER PARTYFRAUD, AND ITS AFFILIATES(B) WAIVES, RELEASES AND ITS AND AGREES NOT TO SUE XXXN ANY CLAIM AGAINST ADMINISTRATIVE AGENT OR ANY LENDER (OR THEIR TRUSTEES, BENEFICIARIES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS) WHETHER SOUNDING IN TORT, CONTRACT OR OTHERWISE, EXCEPT FOR CLAIMS FOR FORESEEABLE ACTUAL LOSSES RESULTING DIRECTLY AND AGENTSEXCLUSIVELY FROM ADMINISTRATIVE AGENT'S OR SUCH LENDER'S OWN GROSS NEGLIGENCE, AND THE SUCCESSORS AND ASSIGNS OF EACH OF THE FOREGOING, FROM ANY AND ALL LIABILITY FOR MONETARY RELIEF, DAMAGE, LOSS, COST WILLFUL MISCONDUCT OR EXPENSE INCURRED BY THE RELEASING PARTYFRAUD. MOREOVER, WHETHER OR NOT DUE SUCH DAMAGES ARE RELATED TO A CLAIM THAT IS SUBJECT TO THE NEGLIGENT WAIVER EFFECTED ABOVE AND WHETHER OR OTHER ACTS NOT SUCH WAIVER IS EFFECTIVE, NEITHER ADMINISTRATIVE AGENT NOR ANY LENDER (NOR ANY DIRECTOR, OFFICER, EMPLOYEE OR OMISSIONS AGENT OF THE PERSONS SO RELEASED ADMINISTRATIVE AGENT OR ANY LENDER) SHALL HAVE ANY LIABILITY WITH RESPECT TO (AND GRANTOR HEREBY WAIVES, RELEASES AND AGREES NOT TO SUE XXXN ANY CLAIM FOR) ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR NON-FORESEEABLE DAMAGES SUFFERED BY GRANTOR IN ANY WAY RELATED TO THE EXTENT SUCH LIABILITYTRANSACTIONS CONTEMPLATED OR THE RELATIONSHIP ESTABLISHED BY ANY LOAN DOCUMENT, DAMAGEOR ANY ACT, LOSS, COST OMISSION OR EXPENSE IS COVERED BY THE INSURANCE POLICIES OF THE RELEASING PARTY, BUT (OTHER THAN AS PROVIDED EVENT OCCURRING IN ARTICLE XIV) ONLY TO THE EXTENT OF INSURANCE PROCEEDS RECEIVED. FOR AVOIDANCE OF DOUBT, THE PARTIES ACKNOWLEDGE THAT THE PRECEDING PORTION OF THIS SECTION 12.2 SHALL NOT BE DEEMED TO VITIATE OR SUPERSEDE ANY OBLIGATIONS OF (x) LEASE GUARANTOR IN RESPECT OF THE GUARANTEED OBLIGATIONS OR OTHERWISE HEREUNDER AND/OR (y) TENANT UNDER THE LEASE, IN EACH CASE IN ACCORDANCE WITH THE TERMS HEREOF AND THEREOFCONNECTION THEREWITH.

Waiver of Liability. SOLELY AS BETWEEN TENANT AND MANAGER, AS LONG AS A PARTY AND BORROWER (A) AGREES THAT NEITHER ADMINISTRATIVE AGENT NOR ANY AFFILIATES REQUESTED BY SUCH PARTY ARE A NAMED INSURED OR ADDITIONAL INSURED UNDER THE OTHER PARTY’S INSURANCE POLICIES, OR THE POLICIES OTHERWISE PERMIT IF SUCH PARTY OR ITS AFFILIATES ARE NOT SO NAMED, SUCH PARTY HEREBY RELEASES THE OTHER PARTY, AND ITS AFFILIATES, AND ITS AND THEIR TRUSTEES, BENEFICIARIES, LENDER (NOR ANY DIRECTORS, OFFICERS, EMPLOYEES AND AGENTSAGENTS OF ADMINISTRATIVE AGENT OR ANY LENDER) SHALL HAVE ANY LIABILITY TO BORROWER (WHETHER SOUNDING IN TORT, AND THE SUCCESSORS AND ASSIGNS OF EACH OF THE FOREGOING, FROM ANY AND ALL LIABILITY CONTRACT OR OTHERWISE) FOR MONETARY RELIEF, DAMAGE, LOSS, COST LOSSES OR EXPENSE COSTS SUFFERED OR INCURRED BY BORROWER IN CONNECTION WITH OR IN ANY WAY RELATED TO THE RELEASING PARTYTRANSACTIONS CONTEMPLATED OR THE RELATIONSHIP ESTABLISHED BY ANY LOAN DOCUMENT, OR ANY ACT, OMISSION OR EVENT OCCURRING IN CONNECTION HEREWITH OR THEREWITH, EXCEPT FOR REASONABLY FORESEEABLE ACTUAL LOSSES RESULTING DIRECTLY AND EXCLUSIVELY FROM ADMINISTRATIVE AGENT'S OR SUCH LENDER'S OWN GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD AND (B) WAIVES, RELEASES AND AGREES NOT TO SUE UPON ANY CLAIM AGAINST ADMINISTRATIVE AGENT OR ANY LENDER (OR THEXX DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS) WHETHER SOUNDING IN TORT, CONTRACT OR OTHERWISE, EXCEPT FOR CLAIMS FOR REASONABLY FORESEEABLE ACTUAL LOSSES RESULTING DIRECTLY AND EXCLUSIVELY FROM ADMINISTRATIVE AGENT'S OR SUCH LENDER'S OWN GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD. MOREOVER, WHETHER OR NOT DUE SUCH DAMAGES ARE RELATED TO A CLAIM THAT IS SUBJECT TO THE NEGLIGENT WAIVER EFFECTED ABOVE AND WHETHER OR OTHER ACTS NOT SUCH WAIVER IS EFFECTIVE, UNLESS ADMINISTRATIVE AGENT OR OMISSIONS ANY LENDER IS ADJUDGED TO BE GUILTY OF CRIMINAL CONDUCT THAT CAUSED SUCH DAMAGES, THEN NEITHER ADMINISTRATIVE AGENT NOR ANY LENDER (NOR ANY DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS OF ADMINISTRATIVE AGENT OR ANY LENDER) SHALL HAVE ANY LIABILITY WITH RESPECT TO (AND BORROWER HEREBY WAIVES, RELEASES AND AGREES NOT TO SUE UPON ANY CLAIM FOR) ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVX XR REASONABLY NON-FORESEEABLE DAMAGES SUFFERED BY BORROWER IN CONNECTION WITH OR IN ANY WAY RELATED TO THE PERSONS SO RELEASED TRANSACTIONS CONTEMPLATED OR THE RELATIONSHIP ESTABLISHED BY ANY LOAN DOCUMENT, OR ANY ACT, OMISSION OR EVENT OCCURRING IN CONNECTION HEREWITH OR THEREWITH; AND IF ADMINISTRATIVE AGENT OR ANY LENDER IS ADJUDGED TO BE GUILTY OF SUCH CRIMINAL CONDUCT, THEN BORROWER WILL BE ENTITLED TO THE TYPES OF COMPENSATION (INCLUDING, AS APPLICABLE AND APPROPRIATE, SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR NON-FORESEEABLE DAMAGES) AS AND TO THE EXTENT SUCH LIABILITY, DAMAGE, LOSS, COST OR EXPENSE IS COVERED BY THE INSURANCE POLICIES OF THE RELEASING PARTY, BUT (OTHER THAN AS PROVIDED IN ARTICLE XIV) ONLY TO THE EXTENT OF INSURANCE PROCEEDS RECEIVED. FOR AVOIDANCE OF DOUBT, THE PARTIES ACKNOWLEDGE THAT THE PRECEDING PORTION OF THIS SECTION 12.2 SHALL NOT BE DEEMED TO VITIATE OR SUPERSEDE ANY OBLIGATIONS OF (x) LEASE GUARANTOR IN RESPECT OF THE GUARANTEED OBLIGATIONS OR OTHERWISE HEREUNDER AND/OR (y) TENANT AVAILABLE UNDER THE LEASE, IN EACH CASE IN ACCORDANCE WITH THE TERMS HEREOF AND THEREOFAPPLICABLE LAW.

Waiver of Liability. SOLELY AS BETWEEN TENANT a. I UNDERSTAND AND MANAGERAGREE, AS LONG AS A PARTY AND ANY AFFILIATES REQUESTED TO THE MAXIMUM EXTENT PERMITTED BY SUCH PARTY ARE A NAMED INSURED OR ADDITIONAL INSURED UNDER THE OTHER PARTY’S INSURANCE POLICIESLAW, OR THE POLICIES OTHERWISE PERMIT IF SUCH PARTY OR ITS AFFILIATES ARE NOT SO NAMEDI IRREVOCABLY RELEASE MAP, SUCH PARTY HEREBY RELEASES THE OTHER PARTYXXXXX XXXXX, AND ITS ALL OTHER PERSONS AND ENTITIES ASSOCIATED WITH MAP, SPECIFICALLY INCLUDING THE OFFICERS OF MAP, AND OWNERS AND EMPLOYEES OF THE HOST HOTEL OR VENUE OF THE NATIONAL PAGEANT, AND THE ASSOCIATES, FRANCHISEES, VOLUNTEERS, FAMILY MEMBERS, JUDGES, SPONSORS, AFFILIATES, AND ITS AND THEIR TRUSTEES, BENEFICIARIES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, AND VENDORS OF MAP (HEREIN THE SUCCESSORS AND ASSIGNS OF EACH OF THE FOREGOING, RELEASED PARTIES) FROM ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LIABILITIES, LOSSES, COSTS, AND EXPENSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS) ARISING OUT OF, RESULTING FROM, OR BY REASON OF THE NATIONAL TITLEHOLDER SELECTION PROCESS, ANY FAILURE TO SELECT ME AS A NATIONAL TITLEHOLDER IN THE NATIONAL PAGEANT, MY PARTICIPATION IN OR IN CONNECTION WITH THE MS. AMERICA PAGEANT, INCLUDING, WITHOUT LIMITATION, ANY TRAVEL I UNDERTAKE IN CONNECTION WITH MY PARTICIPATION IN THE NATIONAL PAGEANT, ANY EXPLOITATION OF THE NATIONAL PAGEANT OR MY APPEARANCE IN THE NATIONAL PAGEANT, OR ANY USE OF ANY PRIZE OR GIFT AWARDED TO ME IN CONNECTION WITH THE NATIONAL PAGEANT, ON ANY LEGAL THEORY WHATSOEVER (INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, NEGLIGENCE, FRAUD, RIGHTS OF PRIVACY AND PUBLICITY, OR DEFAMATION) (COLLECTIVELY, THE “RELEASED CLAIMS”). THE RELEASED CLAIMS SPECIFICALLY INCLUDE, WITHOUT LIMITATION, ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LIABILITIES, LOSSES, COSTS, AND EXPENSES OF ANY KIND RESULTING FROM THE ACTION OF ANOTHER AT-LARGE TITLEHOLDER OR NATIONAL TITLEHOLDER OR ANY OTHER THIRD PARTY AT ANY TIME. TO THE MAXIMUM EXTENT PERMITTED BY LAW, I ALSO AGREE THAT I WILL NOT BRING OR BE A PARTY TO ANY LEGAL ACTION OR CLAIM AGAINST THE RELEASED PARTIES BASED ON ANY OF THE RELEASED CLAIMS HEREUNDER. IN THE EVENT THAT THE FOREGOING RELEASE IS DEEMED UNENFORCEABLE FOR ANY REASON, SUCH PROVISION WILL BE MODIFIED TO RENDER IT ENFORCEABLE IN SUCH A MANNER AS TO BE WITHIN THE ORIGINAL INTENT AS NEARLY AS POSSIBLE AND THE REMAINDER OF THIS AGREEMENT AND ALL ATTACHMENTS WILL CONTINUE IN FULL FORCE AND EFFECT. MY SOLE REMEDY FOR BREACH OF THIS AGREEMENT AND ALL ATTACHMENTS SHALL BE AN ACTION AT LAW FOR MONEY DAMAGES IN WHICH MY RELIEF WILL BE LIMITED TO A REFUND OF THE ENTRY FEE THAT I PAID TO PARTICIPATE IN THE NATIONAL PAGEANT MINUS ANY FEES CHARGED BY MAP OR ON BEHALF OF MAP LEGAL COUNSEL. IN NO EVENT WILL THE RELEASED PARTIES HAVE ANY LIABILITY TO ME ON ANY CAUSE OF ACTION FOR MONETARY RELIEFANY INDIRECT, DAMAGEINCIDENTAL, LOSSCONSEQUENTIAL, COST SPECIAL, OR EXPENSE INCURRED BY THE RELEASING PARTYSPECULATIVE DAMAGES, IRRESPECTIVE OF WHETHER SUCH DAMAGES ARISE UNDER CONTRACT, TORT, STATUTE, OR OTHERWISE AND WHETHER OR NOT DUE THE PARTIES HAVE ADVANCED NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. I HEREBY KNOWINGLY, VOLUNTARILY, EXPRESSLY AND IRREVOCABLY WAIVE APPLICATION OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH I CERTIFY I HAVE READ AND WHICH STATES IN PERTINENT PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”. I UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND CONSEQUENCES OF MY WAIVER OF CALIFORNIA CIVIL CODE SECTION 1542 AND FURTHER UNDERSTAND AND ACKNOWLEDGE THAT I MAY, HEREAFTER, DISCOVER CLAIMS PRESENTLY UNKNOWN OR UNSUSPECTED, OR FACTS IN ADDITION TO OR DIFFERENT FROM THOSE WHICH I NOW KNOW OR BELIEVE TO BE TRUE WITH RESPECT TO THE NEGLIGENT OR OTHER ACTS OR OMISSIONS OF THE PERSONS SO MATTERS RELEASED TO THE EXTENT SUCH LIABILITYHEREIN. NEVERTHELESS IT IS MY INTENTION, DAMAGE, LOSS, COST OR EXPENSE IS COVERED BY THE INSURANCE POLICIES OF THE RELEASING PARTY, BUT (OTHER THAN AS PROVIDED IN ARTICLE XIV) ONLY TO THE EXTENT OF INSURANCE PROCEEDS RECEIVED. FOR AVOIDANCE OF DOUBT, THE PARTIES ACKNOWLEDGE THAT THE PRECEDING PORTION THROUGH MY EXECUTION OF THIS SECTION 12.2 SHALL AGREEMENT AND ALL ATTACHMENTS, TO FULLY AND FINALLY SETTLE AND RELEASE ALL SUCH MATTERS, AND ALL CLAIMS RELATIVE THERETO, WHICH DO NOW EXIST, MAY EXIST OR HAVE EXISTED, AND THAT I WILL HEREAFTER NOT BE DEEMED ABLE TO VITIATE OR SUPERSEDE MAKE ANY OBLIGATIONS OF (x) LEASE GUARANTOR IN RESPECT OF CLAIM AGAINST THE GUARANTEED OBLIGATIONS OR OTHERWISE HEREUNDER AND/OR (y) TENANT UNDER THE LEASE, IN EACH CASE IN ACCORDANCE WITH THE TERMS HEREOF AND THEREOFRELEASED PARTIES REGARDING ANY SUCH MATTERS.