THE UNDERSIGNED definition
THE UNDERSIGNED means only the PARTICIPANT when the PARTICIPANT is age 18 or older OR it means both the PARTICIPANT and the PARTICIPANT’s parent or legal guardian when the PARTICIPANT is under the age of 18. I the Undersigned (hereinafter "Participant") understands that skiing and snowboarding in their various forms, as well as preparation for and participation in, classes, clinics, events, races, competitions, instructing, instruction, and seminars and any related activities in alpine, nordic, freestyle, and disabled skiing and snowboarding (hereinafter collectively referred to as "Activities''), involve many INHERENT AND NONINHERENT RISKS, DANGERS and HAZARDS. These risks, dangers and hazards include, but are not limited to: changing weather and snow conditions, variations in steepness or terrain, natural and man-made objects and structures, equipment failure, collisions with objects, structures, or other skiers/riders, instructor’s choices of terrain and drills, exceeding one's own abilities, infectious diseases and illnesses including but not limited to COVID 19. I understand that INJURIES OF ALL TYPES ARE A COMMON AND ORDINARY OCCURRENCE OF THE ACTIVITIES. I know and accept that the risk of SEVERE INJURY and even DEATH exists in all Activities. I also know and accept that training, coaching, instruction, and supervision by the American Snowsports Education Association, Inc., PSIA-AASI Northwest Division, PSIA-AASI Western Division, PSIA-AASI Northern Intermountain Division, PSIA-AASI Intermountain Division, PSIA-AASI Northern Rocky Mountain Division, PSIA-AASI Rocky Mountain Division, PSIA-AASI Central Division, PSIA-AASI Eastern Division and all of their affiliated ski and snowboard facility/resort operators, divisions, subsidiaries, affiliates, officers, directors, volunteers, participants, employees, contractors, educational foundations, and agents (hereinafter the term "PSIA-AASI" shall be used to refer to all such persons and entities collectively and individually) does not and cannot guarantee my safety. I FREELY AND VOLUNTARILY ACCEPT AND FULLY ASSUME THE RISK THAT I MAY SUFFER TEMPORARY, PERMANENT OR EVEN FATAL INJURIES, even if I follow the instructions or advice of PSIA-AASI while participating in the Activities. Nevertheless, I, agree to comply with and be bound by the following terms at all times while attending or participating in any PSIA-AASI event or program.
THE UNDERSIGNED means both the Selling Shareholder who is a signatory to this Power of Attorney and to such spouse just as if such spouse were also a Selling Shareholder. The joinder of such spouse, however, has been made without regard to the ownership of the Shares to which this Power of Attorney relates.
THE UNDERSIGNED means the undersigned Borrower and its successors and assigns. Borrower will, in manner satisfactory to Lender, furnish other documentation of a type and in such form as Lender may request from time to time to further evidence or perfect the agreements contemplated hereby.
Examples of THE UNDERSIGNED in a sentence
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE UNDERSIGNED SPECIFICALLY GRANTS TO THE SECURED PARTIES A SECURITY INTEREST IN THE COLLATERAL AS MORE FULLY SET FORTH IN THE SECURITY AGREEMENT AND ACKNOWLEDGES AND AGREES TO THE WAIVER OF JURY TRIAL PROVISIONS SET FORTH THEREIN.
THE UNDERSIGNED ACKNOWLEDGE THAT THE RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL ONE, BUT THAT IT MAY BE WAIVED UNDER CERTAIN CIRCUMSTANCES.
TO THE EXTENT PERMITTED BY LAW, EACH PARTY, AFTER CONSULTING (OR HAVING HAD THE OPPORTUNITY TO CONSULT) WITH COUNSEL OF ITS, HIS OR HER CHOICE, KNOWINGLY AND VOLUNTARILY, AND FOR THE MUTUAL BENEFIT OF ALL PARTIES, WAIVES ANY RIGHT TO TRIAL BY JURY IN THE EVENT OF LITIGATION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY OTHER DOCUMENT, INSTRUMENT OR AGREEMENT BETWEEN THE UNDERSIGNED PARTIES.
THE UNDERSIGNED IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY LEGAL PROCEEDING ARISING OUT OF THE TRANSACTIONS CONTEMPLATED BY THIS SUBSCRIPTION AGREEMENT.
EACH OF THE UNDERSIGNED HEREBY WAIVES FOR ITSELF AND ITS PERMITTED SUCCESSORS AND ASSIGNS THE RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING INSTITUTED IN CONNECTION WITH THIS AGREEMENT.
More Definitions of THE UNDERSIGNED
THE UNDERSIGNED means the Participant when the Participant is 18 years or older, or both the Participant and the Participant's parent or legal guardian signing below when the Participant is under the age of 18.
THE UNDERSIGNED means only the PARTICIPANT when the PARTICIPANT is age 18 or older OR it means both the PARTICIPANT and the PARTICIPANT’s parent or legal guardian when the PARTICIPANT is under the age of 18. THE UNDERSIGNED agree and understand that assisting with, preparing for or tearing down, practicing for, taking part in, competing in, racing in and/or any other uses of the ski area facilities, including use of the lifts, (hereinafter the “EVENT”) can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY OR DEATH. THE UNDERSIGNED further agree and understand that risks associated with the EVENT, in addition to those previously listed, include, but are not limited to: equipment malfunction; surface conditions; marked and unmarked obstacles; rugged mountainous terrain; slick or uneven riding and walking surfaces, surfaces covered with ice and snow; strenuous activity; high elevation; sharing ski area facilities and EVENT venues with people directly involved and/or not directly involved in the EVENT. PARTICIPANT understands and acknowledges he/she has been informed and understands all rules and regulations of participation in the EVENT. PARTICIPANT is responsible for reading, understanding and complying with all signage, including instructions on the use of the lifts. PARTICIPANT recognizes that he/she must have the physical dexterity and knowledge sufficient to safely load, ride and unload the lifts. PARTICIPANT assumes the risks of riding the lifts and engaging in activities accessible from the lifts. PARTICIPANT understands that snowmobiles, snowmaking, snow-grooming and EVENT preparation equipment may be encountered at any time. PARTICIPANT recognizes that falls and collisions occur and injuries are a common and ordinary occurrence of the EVENT.
THE UNDERSIGNED understands that the Trust has filed a post-effective amendment to its registration statement with the Securities and Exchange Commission (No. 333-19181) on Form N-1A to register the Shares, which contains the Preliminary Prospectus describing the Trust and the Shares. By its execution hereof, the undersigned hereby acknowledges receipt of a copy of the Preliminary Prospectus. The undersigned recognizes that the Trust has not commenced the public offering of the Shares. Accordingly, a number of features of the Trust, with respect to the Shares described in the Preliminary Prospectus including, without limitation, the declaration and payment of dividends and redemption of the Shares upon request of shareholders, are not, in fact, in existence at the present time and will not be instituted until the Trust's post-effective amendment to its registration statement, as amended, under the Securities Act of 1933, is made effective.
THE UNDERSIGNED refers to a person having attained 18 years of age or more (adult), the participant if a minor (under 18 years), requires the consent of the participant’s parent or legal guardian. The undersigned agrees and understands that hiking can be hazardous and involves the risk of physical injury or death. The undersigned agrees and understands that there are risks associated with strenuous physical exertion and that falls, injuries and/or death may result from engaging in hiking. The undersigned agrees and understands that risks include but are not limited to: unfamiliar and rugged terrain, unfamiliar or variable environmental factors/conditions, dangerous or damaged facilities, vehicular and pedestrian traffic, natural and manmade hazards, falling objects, animals, the condition of the participant hydration and response to elevation and actions of third parties. The undersigned acknowledges that there is a risk of delayed access to rapid evacuation or medical services or medical facilities in remote areas such as forests. The undersigned understands and accepts that it is their duty and responsibility to know the range of the participant’s physical ability to undertake this activity and to do so within the limits of such physical ability. The undersigned hereby assumes all risks associated with participation in any such activity and agrees to hold harmless, release, defend and indemnify the Agency and by extension the Government of Jamaica, affiliated organizations and companies, and each of their respective insurance carriers, agents, employees, representatives, assignees, members, managers, officers, directors and shareholders (each hereinafter “released party”) for any and all liability and/or claims arising from the participation in hiking, including those claims based on any released party’s alleged or actual negligence or breach of any expressed or implied warranty. If any section of this agreement is determined to be invalid and unenforceable for any reason, the balance of the agreement shall not be affected or impaired in any way and shall continue in full force and effect as permitted by the laws of Jamaica.
THE UNDERSIGNED means only the PARTICIPANT when the PARTICIPANT is age 18 or older OR it means both the PARTICIPANT and the PARTICIPANT’s parent or legal guardian when the PARTICIPANT is under the age of 18. THE UNDERSIGNED agree and understand that Fishing (hereinafter the “ACTIVITY”) can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY OR DEATH.
THE UNDERSIGNED means only the PARTICIPANT when the PARTICIPANT is age 18 or older OR it means both the PARTICIPANT and the PARTICIPANT's parent or legal guardian when the PARTICIPANT is under the age of 18. THE UNDERSIGNED agree and understand that participation in the Bel Monte 50 Miler, 50 Kilometers and 25 Kilometers Events (hereinafter the "ACTIVITY") can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY OR DEATH.
THE UNDERSIGNED means only the PARTICIPANT when the PARTICIPANT is age 18 or older OR it means both the PARTICIPANT and the PARTICIPANT’s parent or legal guardian when the PARTICIPANT is under the age of 18. THE UNDERSIGNED agree and understand that participation in white water rafting, swimming, wading, hiking, climbing on rocks and slopes, portaging, and traveling to and from activity sites (hereinafter collectively the “ACTIVITY”) can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY OR DEATH. THE