Common use of Release and Indemnity Clause in Contracts

Release and Indemnity. Please read carefully. This Release and Indemnity section contains a surrender of certain legal rights. I hereby acknowledge and assume all of the risks of participating in the Event and agree as follows: • To the extent permitted by law, to release and not to xxx Operator, WTC, Triathlon Australia, any applicable federation, Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteers, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors and representatives and all other persons or entities associated or involved with the activities (individually and collectively referred to in this Form as the “Released Parties”), with respect to any and all claims, liabilities, suits or expenses (including attorneys’ fees and costs) (collectively referred to in this Form as “claim” or “claim/s”) for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activities, including use of any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. I understand I agree here to waive all claim/s I may have against the Released Parties and agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss I may suffer. The aforementioned exclusion of liability shall not apply to damages caused by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me, my spouse, a family member, a co-participant or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activities, including without limitation use of any equipment, facilities, or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. This Release and Indemnity section includes but is not limited to claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim, including claim/s resulting from the negligence of Released Parties, whether passive or active.

Appears in 6 contracts

Samples: Introduction, Introduction, Introduction

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Release and Indemnity. Please read carefullyPLEASE READ CAREFULLY. This Release and Indemnity section contains a surrender of certain legal rights. THIS RELEASE AND INDEMNITY SECTION CONTAINS A SURRENDER OF CERTAIN LEGAL RIGHTS, WHICH I hereby acknowledge and assume all of the risks of participating in the Event and agree as followsHEREBY ACKNOWLEDGE AND AGREE AS FOLLOWS: • To the extent permitted by lawTO RELEASE AND NOT TO SUE Organizer, to release and not to xxx Operator, World Triathlon Corporation (“WTC, Triathlon Australia”), any applicable federationrace federation and/or sanctioning body, Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteers, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors contractors, and representatives and all other persons or entities associated or involved with the activities (individually and collectively referred to in this Form Agreement as the “Released Parties”), with respect to any and all claims, liabilities, suits suits, or expenses (including attorneys’ fees and costs) (collectively referred to in this Form Agreement as “claimClaim” or “claim/sClaims”) for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with the Risks listed above or my enrollment or participation in the activities, including use of any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. I understand I agree here to waive all claim/s I may have against the Released Parties Event and agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss I may suffer. The aforementioned exclusion of liability shall not apply to damages caused by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me, my spouse, a family member, a co-participant or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activitiesActivities, including without limitation use of any equipment, facilities, or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. This Release and Indemnity section includes but is not limited to claimI UNDERSTAND I AGREE HERE TO WAIVE ALL CLAIMS I MAY HAVE AGAINST THE RELEASED PARTIES AND AGREE THAT NEITHER I, NOR MY ESTATE, HEIRS, ASSIGNS OR BENEFICIARIES NOR ANYONE ELSE ACTING ON MY BEHALF, WILL MAKE A CLAIM AGAINST THE RELEASED PARTIES FOR ANY INJURY, DAMAGE, OR OTHER LOSS, EXCEPT FOR CLAIMS FOR PERSONAL INJURY OR DEATH, I MAY SUFFER; AND • PARTICIPANT SHALL PROTECT, DEFEND, INDEMNIFY, AND SAVE THE RELEASED PARTIES HARMLESS (“INDEMNIFY” MEANING PROTECT BY REIMBURSEMENT OR PAYMENT, INCLUDING ATTORNEY’S FEES AND EXPENSES) WITH RESPECT TO ANY AND ALL CLAIMS BROUGHT BY OR ON BEHALF OF ME, MY SPOUSE, A FAMILY MEMBER, A CO-PARTICIPANT, OR ANY OTHER PERSON, FOR ANY INJURY, DAMAGE, DEATH, LOST PROPERTY, STOLEN PROPERTY, DISPOSED PROPERTY, OR OTHER LOSS IN ANY WAY CONNECTED WITH THE RISKS OR MY ENROLLMENT OR PARTICIPATION IN THE EVENT OR THE ACTIVITIES, INCLUDING WITHOUT LIMITATION USE OF ANY EQUIPMENT, FACILITIES, OR PREMISES, WITH LIMITATION TO ORDINARY NEGLIGENCE, WHETHER PASSIVE OR ACTIVE, OF THE RELEASED PARTIES. THIS RELEASE AND INDEMNITY SECTION INCLUDES CLAIM/s for personal injury or wrongful death S FOR PROPERTY DAMAGE, LOSS OF CONSORTIUM, BREACH OF CONTRACT OR ANY OTHER CLAIM, INCLUDING CLAIMS RESULTING FROM THE ORDINARY NEGLIGENCE OF RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. PERSONAL INJURY OR WRONGFUL DEATH (including claimINCLUDING CLAIMS RELATED TO EMERGENCY, MEDICAL, DRUG AND/s related to emergencyOR HEALTH ISSUES, medicalRESPONSE, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim, including claim/s resulting from the negligence of Released Parties, whether passive or activeASSESSMENT OR TREATMENT) ARE EXCLUDED FROM THIS RELEASE AND INDEMNITY.

Appears in 5 contracts

Samples: Introduction, cdn3.sportngin.com, cdn2.sportngin.com

Release and Indemnity. Please read carefullyPLEASE READ CAREFULLY. This Release and Indemnity section contains a surrender of certain legal rights. THIS RELEASE AND INDEMNITY SECTION CONTAINS A SURRENDER OF CERTAIN LEGAL RIGHTS, WHICH I hereby acknowledge and assume all of the risks of participating in the Event and agree as followsHEREBY ACKNOWLEDGE AND AGREE AS FOLLOWS: • To the extent permitted by law TO RELEASE AND NOT TO SUE Organizer, to release and not to xxx Operator, World Triathlon Corporation (“WTC, Triathlon Australia”), any applicable federationfederal and/or sanctioning body, Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteers, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors contractors, and representatives and all other persons or entities associated or involved with the activities (individually and collectively referred to in this Form Agreement as the "Released Parties"), with respect to any and all claims, liabilities, suits suits, or expenses (including attorneys’ fees and costs) (collectively referred to in this Form Agreement as “claimClaim” or “claim/sClaims”) for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with the Risks listed above or my enrollment or participation in the activities, including use of any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. I understand I agree here to waive all claim/s I may have against the Released Parties Event and agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss I may suffer. The aforementioned exclusion of liability shall not apply to damages caused by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me, my spouse, a family member, a co-participant or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activitiesActivities, including without limitation use of any equipment, facilities, or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. This Release and Indemnity section includes but is not limited to claimI UNDERSTAND I AGREE HERE TO WAIVE ALL CLAIMS I MAY HAVE AGAINST THE RELEASED PARTIES AND AGREE THAT NEITHER I, NOR MY ESTATE, HEIRS, ASSIGNS OR BENEFICIARIES NOR ANYONE ELSE ACTING ON MY BEHALF, WILL MAKE A CLAIM AGAINST THE RELEASED PARTIES FOR ANY INJURY, DAMAGE, OR OTHER LOSS EXCEPT FOR CLAIMS FOR PERSONAL INJURY OR DEATH, I MAY SUFFER; AND  PARTICIPANT SHALL PROTECT, DEFEND, INDEMNIFY, AND SAVE THE RELEASED PARTIES HARMLESS (“INDEMNIFY” MEANING PROTECT BY REIMBURSEMENT OR PAYMENT, INCLUDING ATTORNEY’S FEES AND EXPENSES) WITH RESPECT TO ANY AND ALL CLAIMS BROUGHT BY OR ON BEHALF OF ME, MY SPOUSE, A FAMILY MEMBER, A CO- PARTICIPANT, OR ANY OTHER PERSON, FOR ANY INJURY, DAMAGE, DEATH, LOST PROPERTY, STOLEN PROPERTY, DISPOSED PROPERTY, OR OTHER LOSS IN ANY WAY CONNECTED WITH THE RISKS OR MY O ENROLLMENT OR PARTICIPATION IN THE EVENT OR THE ACTIVITIES, INCLUDING WITHOUT LIMITATION USE OF ANY EQUIPMENT, FACILITIES, OR PREMISES, WITH LIMITATION TO ORDINARY NEGLIGENCE, WHETHER PASSIVE OR ACTIVE, OF THE RELEASED PARTIES, THIS RELEASE AND INDEMNITY SECTION INCLUDES CLAIMS FOR PROPERTY DAMAGE, LOSS OF CONSORTIUM, BREACH OF CONTRACT OR ANY OTHER CLAIM, INCLUDING CLAIMS RESULTING FROM THE ORDINARY NEGLIGENCE OF RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. PERSONAL INJURY OR WRONGFUL DEATH (INCLUDING CLAIMS RELATED TO EMERGENCY, MEDICAL, DRUG AND/s for personal injury or wrongful death (including claim/s related to emergencyOR HEALTH ISSUES, medicalRESPONSE, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim, including claim/s resulting from the negligence of Released Parties, whether passive or activeASSESSMENT OR TREATMENT) ARE EXCLUDED FROM THIS RELEASE AND INDEMNITY.

Appears in 4 contracts

Samples: Indemnity Agreement, Release and Indemnity Agreement, Indemnity Agreement

Release and Indemnity. Please read carefully. This Release and Indemnity section contains a surrender of certain legal rights. I hereby acknowledge and assume all of the risks of participating in the Event and agree as follows: • To the extent permitted by law, to release and not to xxx sue Operator, WTC, Triathlon Australia, any applicable federation, Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteers, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors and representatives and all other persons or entities associated or involved with the activities (individually and collectively referred to in this Form as the “Released Parties”), with respect to any and all claims, liabilities, suits or expenses (including attorneys’ fees and costs) (collectively referred to in this Form as “claim” or “claim/s”) for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activities, including use of any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. I understand I agree here to waive all claim/s I may have against the Released Parties and agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss I may suffer. The aforementioned exclusion of liability shall not apply to damages caused by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me, my spouse, a family member, a co-participant or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activities, including without limitation use of any equipment, facilities, or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. This Release and Indemnity section includes but is not limited to claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim, including claim/s resulting from the negligence of Released Parties, whether passive or active.

Appears in 4 contracts

Samples: Introduction, Introduction, Introduction

Release and Indemnity. Please read carefullyPLEASE READ CAREFULLY. This Release and Indemnity section contains a surrender of certain legal rights. THIS RELEASE AND INDEMNITY SECTION CONTAINS A SURRENDER OF CERTAIN LEGAL RIGHTS, WHICH I hereby acknowledge and assume all of the risks of participating in the Event and agree as followsHEREBY ACKNOWLEDGE AND AGREE AS FOLLOWS: • To the extent permitted by lawTO RELEASE AND NOT TO XXX Organizer, to release and not to xxx Operator, World Triathlon Corporation (“WTC, Triathlon Australia”), any applicable federationfederal and/or sanctioning body, Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteers, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors contractors, and representatives and all other persons or entities associated or involved with the activities (individually and collectively referred to in this Form Agreement as the "Released Parties"), with respect to any and all claims, liabilities, suits suits, or expenses (including attorneys’ fees and costs) (collectively referred to in this Form Agreement as “claimClaim” or “claim/sClaims”) for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with the Risks listed above or my enrollment or participation in the activities, including use of any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. I understand I agree here to waive all claim/s I may have against the Released Parties Event and agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss I may suffer. The aforementioned exclusion of liability shall not apply to damages caused by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me, my spouse, a family member, a co-participant or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activitiesActivities, including without limitation use of any equipment, facilities, or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. This Release and Indemnity section includes but is not limited to claimI UNDERSTAND I AGREE HERE TO WAIVE ALL CLAIMS I MAY HAVE AGAINST THE RELEASED PARTIES AND AGREE THAT NEITHER I, NOR MY ESTATE, HEIRS, ASSIGNS OR BENEFICIARIES NOR ANYONE ELSE ACTING ON MY BEHALF, WILL MAKE A CLAIM AGAINST THE RELEASED PARTIES FOR ANY INJURY, DAMAGE, OR OTHER LOSS EXCEPT FOR CLAIMS FOR PERSONAL INJURY OR DEATH, I MAY SUFFER; AND • PARTICIPANT SHALL PROTECT, DEFEND, INDEMNIFY, AND SAVE THE RELEASED PARTIES HARMLESS (“INDEMNIFY” MEANING PROTECT BY REIMBURSEMENT OR PAYMENT, INCLUDING ATTORNEY’S FEES AND EXPENSES) WITH RESPECT TO ANY AND ALL CLAIMS BROUGHT BY OR ON BEHALF OF ME, MY SPOUSE, A FAMILY MEMBER, A CO- PARTICIPANT, OR ANY OTHER PERSON, FOR ANY INJURY, DAMAGE, DEATH, LOST PROPERTY, STOLEN PROPERTY, DISPOSED PROPERTY, OR OTHER LOSS IN ANY WAY CONNECTED WITH THE RISKS OR MY O ENROLLMENT OR PARTICIPATION IN THE EVENT OR THE ACTIVITIES, INCLUDING WITHOUT LIMITATION USE OF ANY EQUIPMENT, FACILITIES, OR PREMISES, WITH LIMITATION TO ORDINARY NEGLIGENCE, WHETHER PASSIVE OR ACTIVE, OF THE RELEASED PARTIES, THIS RELEASE AND INDEMNITY SECTION INCLUDES CLAIMS FOR PROPERTY DAMAGE, LOSS OF CONSORTIUM, BREACH OF CONTRACT OR ANY OTHER CLAIM, INCLUDING CLAIMS RESULTING FROM THE ORDINARY NEGLIGENCE OF RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. PERSONAL INJURY OR WRONGFUL DEATH (INCLUDING CLAIMS RELATED TO EMERGENCY, MEDICAL, DRUG AND/s for personal injury or wrongful death (including claim/s related to emergencyOR HEALTH ISSUES, medicalRESPONSE, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim, including claim/s resulting from the negligence of Released Parties, whether passive or activeASSESSMENT OR TREATMENT) ARE EXCLUDED FROM THIS RELEASE AND INDEMNITY.

Appears in 4 contracts

Samples: Indemnity Agreement, Indemnity Agreement, Indemnity Agreement

Release and Indemnity. Please read carefullyPLEASE READ CAREFULLY. This Release and Indemnity section contains a surrender of certain legal rights. THIS RELEASE AND INDEMNITY SECTION CONTAINS A SURRENDER OF CERTAIN LEGAL RIGHTS, WHICH I hereby acknowledge and assume all of the risks of participating in the Event and agree as followsHEREBY ACKNOWLEDGE AND AGREE AS FOLLOWS: • To the extent permitted by lawTO RELEASE AND NOT TO SUE Organizer, to release and not to xxx Operator, World Triathlon Corporation (“WTC, Triathlon Australia”), any applicable federationfederal and/or sanctioning body, Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteers, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors contractors, and representatives and all other persons or entities associated or involved with the activities (individually and collectively referred to in this Form Agreement as the "Released Parties"), with respect to any and all claims, liabilities, suits suits, or expenses (including attorneys’ fees and costs) (collectively referred to in this Form Agreement as “claimClaim” or “claim/sClaims”) for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with the Risks listed above or my enrollment or participation in the activities, including use of any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. I understand I agree here to waive all claim/s I may have against the Released Parties Event and agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss I may suffer. The aforementioned exclusion of liability shall not apply to damages caused by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me, my spouse, a family member, a co-participant or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activitiesActivities, including without limitation use of any equipment, facilities, or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. This Release and Indemnity section includes but is not limited to claimI UNDERSTAND I AGREE HERE TO WAIVE ALL CLAIMS I MAY HAVE AGAINST THE RELEASED PARTIES AND AGREE THAT NEITHER I, NOR MY ESTATE, HEIRS, ASSIGNS OR BENEFICIARIES NOR ANYONE ELSE ACTING ON MY BEHALF, WILL MAKE A CLAIM AGAINST THE RELEASED PARTIES FOR ANY INJURY, DAMAGE, OR OTHER LOSS EXCEPT FOR CLAIMS FOR PERSONAL INJURY OR DEATH, I MAY SUFFER; AND • PARTICIPANT SHALL PROTECT, DEFEND, INDEMNIFY, AND SAVE THE RELEASED PARTIES HARMLESS (“ INDEMNIFY” MEANING PROTECT BY REIMBURSEMENT OR PAYMENT, INCLUDING ATTORNEY’S FEES AND EXPENSES) WITH RESPECT TO ANY AND ALL CLAIMS BROUGHT BY OR ON BEHALF OF ME, MY SPOUSE, A FAMILY MEMBER, A CO- PARTICIPANT, OR ANY OTHER PERSON, FOR ANY INJURY, DAMAGE, DEATH, LOST PROPERTY, STOLEN PROPERTY, DISPOSED PROPERTY, OR OTHER LOSS IN ANY WAY CONNECTED WITH THE RISKS OR MY O ENROLLMENT OR PARTICIPATION IN THE EVENT OR THE ACTIVITIES, INCLUDING WITHOUT LIMITATION USE OF ANY EQUIPMENT, FACILITIES, OR PREMISES, WITH LIMITATION TO ORDINARY NEGLIGENCE, WHETHER PASSIVE OR ACTIVE, OF THE RELEASED PARTIES, THIS RELEASE AND INDEMNITY SECTION INCLUDES CLAIMS FOR PROPERTY DAMAGE, LOSS OF CONSORTIUM, BREACH OF CONTRACT OR ANY OTHER CLAIM, INCLUDING CLAIMS RESULTING FROM THE ORDINARY NEGLIGENCE OF RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. PERSONAL INJURY OR WRONGFUL DEATH (INCLUDING CLAIMS RELATED TO EMERGENCY, MEDICAL, DRUG AND/s for personal injury or wrongful death (including claim/s related to emergencyOR HEALTH ISSUES, medicalRESPONSE, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim, including claim/s resulting from the negligence of Released Parties, whether passive or activeASSESSMENT OR TREATMENT) ARE EXCLUDED FROM THIS RELEASE AND INDEMNITY.

Appears in 3 contracts

Samples: Release and Indemnity Agreement, And Indemnity Agreement, Acknowledgment and Assumption

Release and Indemnity. Please read carefullyPLEASE READ CAREFULLY. This Release and Indemnity section contains a surrender of certain legal rights. THIS RELEASE AND INDEMNITY SECTION CONTAINS A SURRENDER OF CERTAIN LEGAL RIGHTS, WHICH I hereby acknowledge and assume all of the risks of participating in the Event and agree as followsHEREBY ACKNOWLEDGE AND AGREE AS FOLLOWS: • To the extent permitted by lawTO RELEASE AND NOT TO XXX Organizer, to release and not to xxx Operator, World Triathlon Corporation (“WTC, Triathlon Australia”), any applicable federationrace federation and/or sanctioning body, Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteers, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors contractors, and representatives and all other persons or entities associated or involved with the activities (individually and collectively referred to in this Form Agreement as the “Released Parties”), with respect to any and all claims, liabilities, suits suits, or expenses (including attorneys’ fees and costs) (collectively referred to in this Form Agreement as “claimClaim” or “claim/sClaims”) for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with the Risks listed above or my enrollment or participation in the activities, including use of any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. I understand I agree here to waive all claim/s I may have against the Released Parties Event and agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss I may suffer. The aforementioned exclusion of liability shall not apply to damages caused by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me, my spouse, a family member, a co-participant or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activitiesActivities, including without limitation use of any equipment, facilities, or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. This Release and Indemnity section includes but is not limited to claimI UNDERSTAND I AGREE HERE TO WAIVE ALL CLAIMS I MAY HAVE AGAINST THE RELEASED PARTIES AND AGREE THAT NEITHER I, NOR MY ESTATE, HEIRS, ASSIGNS OR BENEFICIARIES NOR ANYONE ELSE ACTING ON MY BEHALF, WILL MAKE A CLAIM AGAINST THE RELEASED PARTIES FOR ANY INJURY, DAMAGE, OR OTHER LOSS, EXCEPT FOR CLAIMS FOR PERSONAL INJURY OR DEATH, I MAY SUFFER; AND • PARTICIPANT SHALL PROTECT, DEFEND, INDEMNIFY, AND SAVE THE RELEASED PARTIES HARMLESS (“INDEMNIFY” MEANING PROTECT BY REIMBURSEMENT OR PAYMENT, INCLUDING ATTORNEY’S FEES AND EXPENSES) WITH RESPECT TO ANY AND ALL CLAIMS BROUGHT BY OR ON BEHALF OF ME, MY SPOUSE, A FAMILY MEMBER, A CO- PARTICIPANT, OR ANY OTHER PERSON, FOR ANY INJURY, DAMAGE, DEATH, LOST PROPERTY, STOLEN PROPERTY, DISPOSED PROPERTY, OR OTHER LOSS IN ANY WAY CONNECTED WITH THE RISKS OR MY ENROLLMENT OR PARTICIPATION IN THE EVENT OR THE ACTIVITIES, INCLUDING WITHOUT LIMITATION USE OF ANY EQUIPMENT, FACILITIES, OR PREMISES, WITH LIMITATION TO ORDINARY NEGLIGENCE, WHETHER PASSIVE OR ACTIVE, OF THE RELEASED PARTIES. THIS RELEASE AND INDEMNITY SECTION INCLUDES CLAIM/s for personal injury or wrongful death S FOR PROPERTY DAMAGE, LOSS OF CONSORTIUM, BREACH OF CONTRACT OR ANY OTHER CLAIM, INCLUDING CLAIMS RESULTING FROM THE ORDINARY NEGLIGENCE OF RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. PERSONAL INJURY OR WRONGFUL DEATH (including claimINCLUDING CLAIMS RELATED TO EMERGENCY, MEDICAL, DRUG AND/s related to emergencyOR HEALTH ISSUES, medicalRESPONSE, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim, including claim/s resulting from the negligence of Released Parties, whether passive or activeASSESSMENT OR TREATMENT) ARE EXCLUDED FROM THIS RELEASE AND INDEMNITY.

Appears in 3 contracts

Samples: Acknowledgment and Assumption of Risks, Release and Indemnity Agreement, Acknowledgment and Assumption of Risks

Release and Indemnity. Please read carefullyPLEASE READ CAREFULLY. This Release and Indemnity section contains a surrender of certain legal rights. THIS RELEASE AND INDEMNITY SECTION CONTAINS A SURRENDER OF CERTAIN LEGAL RIGHTS, WHICH I hereby acknowledge and assume all of the risks of participating in the Event and agree as followsHEREBY ACKNOWLEDGE AND AGREE AS FOLLOWS: • To the extent permitted by lawTO RELEASE AND NOT TO SUE Organizer, to release and not to xxx Operator, World Triathlon Corporation (“WTC, Triathlon Australia”), any applicable federationfederal and/or sanctioning body, Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteers, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors contractors, and representatives and all other persons or entities associated or involved with the activities (individually and collectively referred to in this Form Agreement as the "Released Parties"), with respect to any and all claims, liabilities, suits suits, or expenses (including attorneys’ fees and costs) (collectively referred to in this Form Agreement as “claimClaim” or “claim/sClaims”) for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with the Risks listed above or my enrollment or participation in the activities, including use of any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. I understand I agree here to waive all claim/s I may have against the Released Parties Event and agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss I may suffer. The aforementioned exclusion of liability shall not apply to damages caused by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me, my spouse, a family member, a co-participant or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activitiesActivities, including without limitation use of any equipment, facilities, or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. This Release and Indemnity section includes but is not limited to claimI UNDERSTAND I AGREE HERE TO WAIVE ALL CLAIMS I MAY HAVE AGAINST THE RELEASED PARTIES AND AGREE THAT NEITHER I, NOR MY ESTATE, HEIRS, ASSIGNS OR BENEFICIARIES NOR ANYONE ELSE ACTING ON MY BEHALF, WILL MAKE A CLAIM AGAINST THE RELEASED PARTIES FOR ANY INJURY, DAMAGE, OR OTHER LOSS EXCEPT FOR CLAIMS FOR PERSONAL INJURY OR DEATH, I MAY SUFFER; AND • PARTICIPANT SHALL PROTECT, DEFEND, INDEMNIFY, AND SAVE THE RELEASED PARTIES HARMLESS (“INDEMNIFY” MEANING PROTECT BY REIMBURSEMENT OR PAYMENT, INCLUDING ATTORNEY’S FEES AND EXPENSES) WITH RESPECT TO ANY AND ALL CLAIMS BROUGHT BY OR ON BEHALF OF ME, MY SPOUSE, A FAMILY MEMBER, A CO- PARTICIPANT, OR ANY OTHER PERSON, FOR ANY INJURY, DAMAGE, DEATH, LOST PROPERTY, STOLEN PROPERTY, DISPOSED PROPERTY, OR OTHER LOSS IN ANY WAY CONNECTED WITH THE RISKS OR MY O ENROLLMENT OR PARTICIPATION IN THE EVENT OR THE ACTIVITIES, INCLUDING WITHOUT LIMITATION USE OF ANY EQUIPMENT, FACILITIES, OR PREMISES, WITH LIMITATION TO ORDINARY NEGLIGENCE, WHETHER PASSIVE OR ACTIVE, OF THE RELEASED PARTIES, THIS RELEASE AND INDEMNITY SECTION INCLUDES CLAIMS FOR PROPERTY DAMAGE, LOSS OF CONSORTIUM, BREACH OF CONTRACT OR ANY OTHER CLAIM, INCLUDING CLAIMS RESULTING FROM THE ORDINARY NEGLIGENCE OF RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. PERSONAL INJURY OR WRONGFUL DEATH (INCLUDING CLAIMS RELATED TO EMERGENCY, MEDICAL, DRUG AND/s for personal injury or wrongful death (including claim/s related to emergencyOR HEALTH ISSUES, medicalRESPONSE, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim, including claim/s resulting from the negligence of Released Parties, whether passive or activeASSESSMENT OR TREATMENT) ARE EXCLUDED FROM THIS RELEASE AND INDEMNITY.

Appears in 3 contracts

Samples: Indemnity Agreement, Indemnity Agreement, Indemnity Agreement

Release and Indemnity. Please read carefullyPLEASE READ CAREFULLY. This Release and Indemnity section contains a surrender of certain legal rights. THIS RELEASE AND INDEMNITY SECTION CONTAINS A SURRENDER OF CERTAIN LEGAL RIGHTS, WHICH I hereby acknowledge and assume all of the risks of participating in the Event and agree as followsHEREBY ACKNOWLEDGE AND AGREE AS FOLLOWS: • To the extent permitted by lawTO RELEASE AND NOT TO XXX Organizer, to release and not to xxx Operator, World Triathlon Corporation (“WTC, Triathlon Australia”), any applicable federationrace federation and/or sanctioning body, Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteers, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors contractors, and representatives and all other persons or entities associated or involved with the activities (individually and collectively referred to in this Form Agreement as the “Released Parties”), with respect to any and all claims, liabilities, suits suits, or expenses (including attorneys’ fees and costs) (collectively referred to in this Form Agreement as “claimClaim” or “claim/sClaims”) for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with the Risks listed above or my enrollment or participation in the activities, including use of any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. I understand I agree here to waive all claim/s I may have against the Released Parties Event and agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss I may suffer. The aforementioned exclusion of liability shall not apply to damages caused by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me, my spouse, a family member, a co-participant or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activitiesActivities, including without limitation use of any equipment, facilities, or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. This Release and Indemnity section includes but is not limited to claimI UNDERSTAND I AGREE HERE TO WAIVE ALL CLAIMS I MAY HAVE AGAINST THE RELEASED PARTIES AND AGREE THAT NEITHER I, NOR MY ESTATE, HEIRS, ASSIGNS OR BENEFICIARIES NOR ANYONE ELSE ACTING ON MY BEHALF, WILL MAKE A CLAIM AGAINST THE RELEASED PARTIES FOR ANY INJURY, DAMAGE, OR OTHER LOSS, EXCEPT FOR CLAIMS FOR PERSONAL INJURY OR DEATH, I MAY SUFFER; AND • PARTICIPANT SHALL PROTECT, DEFEND, INDEMNIFY, AND SAVE THE RELEASED PARTIES HARMLESS (“INDEMNIFY” MEANING PROTECT BY REIMBURSEMENT OR PAYMENT, INCLUDING ATTORNEY’S FEES AND EXPENSES) WITH RESPECT TO ANY AND ALL CLAIMS BROUGHT BY OR ON BEHALF OF ME, MY SPOUSE, A FAMILY MEMBER, A CO-PARTICIPANT, OR ANY OTHER PERSON, FOR ANY INJURY, DAMAGE, DEATH, LOST PROPERTY, STOLEN PROPERTY, DISPOSED PROPERTY, OR OTHER LOSS IN ANY WAY CONNECTED WITH THE RISKS OR MY ENROLLMENT OR PARTICIPATION IN THE EVENT OR THE ACTIVITIES, INCLUDING WITHOUT LIMITATION USE OF ANY EQUIPMENT, FACILITIES, OR PREMISES, WITH LIMITATION TO ORDINARY NEGLIGENCE, WHETHER PASSIVE OR ACTIVE, OF THE RELEASED PARTIES. THIS RELEASE AND INDEMNITY SECTION INCLUDES CLAIM/s for personal injury or wrongful death S FOR PROPERTY DAMAGE, LOSS OF CONSORTIUM, BREACH OF CONTRACT OR ANY OTHER CLAIM, INCLUDING CLAIMS RESULTING FROM THE ORDINARY NEGLIGENCE OF RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. PERSONAL INJURY OR WRONGFUL DEATH (including claimINCLUDING CLAIMS RELATED TO EMERGENCY, MEDICAL, DRUG AND/s related to emergencyOR HEALTH ISSUES, medicalRESPONSE, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim, including claim/s resulting from the negligence of Released Parties, whether passive or activeASSESSMENT OR TREATMENT) ARE EXCLUDED FROM THIS RELEASE AND INDEMNITY.

Appears in 3 contracts

Samples: Introduction, Indemnity Agreement, Indemnity Agreement

Release and Indemnity. Please read carefully. This Release and Indemnity section contains a surrender of certain legal rights. I hereby acknowledge and assume all of the risks of participating in the Event and agree as follows: • To the extent permitted by law, to release and not to xxx Operator, WTC, Triathlon AustraliaNew Zealand, any applicable federation, Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteers, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors and representatives and all other persons or entities associated or involved with the activities (individually and collectively referred to in this Form as the “Released Parties”), with respect to any and all claims, liabilities, suits or expenses (including attorneys’ fees and costs) (collectively referred to in this Form as “claim” or “claim/s”) for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activities, including use of any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. I understand I agree here to waive all claim/s I may have against the Released Parties and agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss I may suffer. The aforementioned exclusion of liability shall not apply to damages caused by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me, my spouse, a family member, a co-participant or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activities, including without limitation use of any equipment, facilities, or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. This Release and Indemnity section includes but is not limited to claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim, including claim/s resulting from the negligence of Released Parties, whether passive or active.

Appears in 2 contracts

Samples: Introduction, Introduction

Release and Indemnity. Please read carefully. This Release As material consideration to Landlord, Xxxxxx agrees that Landlord, its agents, successors-in-interest with respect to the Premises and Indemnity section contains a surrender of certain legal rights. I hereby acknowledge their respective directors, officers, partners, members, employees, shareholders, agents and assume all representatives and the directors, officers, partners, members, employees, shareholders, agents and representatives of the risks partners or members of participating Landlord (collectively, the “Landlord Indemnified Parties”) shall not be liable to Tenant or any of the Tenant Parties for: (i) any damage to any property entrusted to employees of the Premises, Landlord or the Landlord Indemnified Parties, (ii) loss or damage to any property by theft or otherwise, (iii) consequential damages arising out of any loss of the use of the Premises or any equipment or facilities therein, or, (iv) except to the extent resulting from the negligence or willful misconduct of the Landlord Indemnified Parties and subject to the terms of the second (2nd) paragraph of Subparagraph 16 below, any injury or damage to person or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Premises or from pipes, appliances or plumbing work therein or from the roof, street, sub-surface or from any other place or resulting from dampness or any other causes whatsoever. Landlord and/or the Landlord Indemnified Parties shall not be liable for interference with light or other incorporeal hereditaments. Tenant shall give prompt notice to Landlord in case of fire or accidents in the Event Premises and agree as follows: • of defects therein or in the fixtures or equipment located therein. To the fullest extent permitted by lawlaw and except to the extent resulting from the negligence or willful misconduct of the Landlord Indemnified Parties, Xxxxxx agrees to release indemnify, defend (with counsel satisfactory to Landlord) and not to xxx Operatorhold harmless Landlord and the Landlord Indemnified Parties from (i) all claims, WTCactions liabilities, Triathlon Australiaand proceedings arising from Tenant’s use of the Premises or the conduct of its business or from any activity, any applicable federationwork or thing done, Event sponsorspermitted or suffered by Tenant, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administratorsits agents, contractors, vendorssublessees, volunteersemployees or invitees, in or about the Premises and any breach or default in the performance of any obligation to be performed by Tenant under the terms of this Lease, or arising from any act, neglect, fault or omission of Tenant, or of its agents, contractors, employee or invitees, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in (ii) any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors and representatives and all other persons or entities associated or involved with the activities (individually costs, attorneys’ fees, expenses and collectively referred to in this Form as the “Released Parties”), liabilities incurred with respect to any and all such claims, actions, liabilities, suits or proceedings, and in the event any actions or proceedings shall be brought against Landlord by reason of such claims, Tenant, upon notice from Landlord, shall defend the same at Tenant’s expense by counsel approved in writing by Landlord. Except as expressly provided in this Lease, Tenant hereby assumes all risk of damage to Tenant’s property or injury to person in, upon or about the Premises from any cause whatsoever, and Tenant hereby waives all its claims in respect thereof against Landlord. As used herein, the term “liabilities” shall include all suits, actions, claims and demands and all expenses (including attorneys’ fees and costscosts of defense) (collectively referred to incurred in or about any such liability and any action or proceeding brought thereon. If any claim shall be made or any action or proceeding brought against Landlord on the basis of any liability described in this Form as “claim” or “claim/s”) for any injuryParagraph 15, damageTenant shall, deathupon notice from Landlord, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in defend the activities, including use of any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach same at Tenant’s expense by the Released Parties of statutory dutycounsel reasonably satisfactory to Landlord. I understand I agree here to waive all claim/s I may have against the Released Parties and agree It is understood that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss I may suffer. The aforementioned exclusion of liability payment shall not apply be a condition precedent to damages caused by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) recovery upon the Released Parties with respect to any and all claim/s brought by or on behalf of me, my spouse, a family member, a co-participant or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activities, including without limitation use of any equipment, facilities, or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. This Release and Indemnity section includes but is not limited to claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim, including claim/s resulting from the negligence of Released Parties, whether passive or activeforegoing indemnity.

Appears in 2 contracts

Samples: www.sec.gov, Lease (Solyndra, Inc.)

Release and Indemnity. Please read carefully. This Release Lessee hereby releases and Indemnity section contains a surrender discharges Lessor, The University of certain legal rights. I hereby acknowledge and assume all of the risks of participating in the Event and agree as follows: • To the extent permitted by law, to release and not to xxx Operator, WTC, Triathlon Australia, any applicable federation, Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteersTexas System, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where the activities take place, and each of their respective parentregents, subsidiary and affiliated companies, assignees, licensees, ownersmembers, officers, directorsemployees, partnersand agents from all and any actions and causes of action of every nature, board membersor other harm, shareholdersincluding environmental harm, for which recovery of damages is sought, including, but not limited to, all losses and expenses which arise out of, are incidental to, or result from, the operations of or on behalf of Lessee on the Premises, or that may arise out of or be occasioned by Lessee’s breach of any of the terms or provisions of this Lease, or by any other negligent act or omission of Lessee for which Lessee may be held strictly liable. Further, Lessee hereby agrees to be liable for, exonerate, indemnify, defend and hold harmless Lessor, The University of Texas System, and their respective regents, members, supervisorsofficers, insurers, employees and agents, employeesand their successors or assigns, volunteers, contractors and representatives and all other persons or entities associated or involved with the activities (individually and collectively referred to in this Form as the “Released Parties”), with respect to against any and all claims, liabilities, suits losses, damages, actions, personal injury (including death), costs and expenses, or expenses (other harm for which recovery of damages is sought, including attorneys’ fees and costs) (collectively referred other legal expenses, including those related to in this Form as “claim” environmental hazards on the Premises or “claim/s”) for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected related to Lessee’s failure to comply with my enrollment or participation in the activities, including use of any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. I understand I agree here to waive all claim/s I may have against the Released Parties and agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss I may suffer. The aforementioned exclusion of liability shall not apply to damages caused by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by environmental laws; those arising from or on behalf of me, my spouse, a family member, a co-participant in any way related to Lessee’s operations or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in of Lessee’s activities on the activities, including without limitation Premises; those arising from Lessee’s use of any equipment, facilities, or premises, howsoever caused; negligence, whether passive or active, the surface of the Released PartiesPremises; and/or any breach and those that may arise out of or be occasioned by the Released Parties of statutory duty. This Release and Indemnity section includes but is not limited to claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, Lessee’s breach of contract any of the terms or provisions of this Lease or any other claimact or omission of Lessee, including claim/s resulting from its directors, officers, employees, agents, contractors, guests or invitees. Each assignee of this Lease, or an interest therein, agrees to be liable for, exonerate, indemnify, defend and hold harmless Lessor, The University of Texas System, and their respective regents, members, officers, employees, and agents in the negligence same manner provided above in connection with the activities of Released Partiessuch Lessee, whether passive or activeits officers, employees, and agents as described in this Paragraph 13.

Appears in 2 contracts

Samples: Oil and Gas Lease, And Gas Lease (Approach Resources Inc)

Release and Indemnity. Please read carefullyPLEASE READ CAREFULLY. This Release and Indemnity section contains a surrender of certain legal rights. THIS RELEASE AND INDEMNITY SECTION CONTAINS A SURRENDER OF CERTAIN LEGAL RIGHTS, WHICH I hereby acknowledge and assume all of the risks of participating in the Event and agree as followsHEREBY ACKNOWLEDGE AND AGREE AS FOLLOWS: • To the extent permitted by lawTO RELEASE AND NOT TO SUE Organizer, to release and not to xxx Operator, World Triathlon Corporation (“WTC, Triathlon Australia”), any applicable federationrace federation and/or sanctioning body, Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteers, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors contractors, and representatives and all other persons or entities associated or involved with the activities (individually and collectively referred to in this Form Agreement as the “Released Parties”), with respect to any and all claims, liabilities, suits suits, or expenses (including attorneys’ fees and costs) (collectively referred to in this Form Agreement as “claimClaim” or “claim/sClaims”) for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with the Risks listed above or my enrollment or participation in the activities, including use of any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. I understand I agree here to waive all claim/s I may have against the Released Parties Event and agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss I may suffer. The aforementioned exclusion of liability shall not apply to damages caused by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me, my spouse, a family member, a co-participant or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activitiesActivities, including without limitation use of any equipment, facilities, or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. This Release and Indemnity section includes but is not limited to claimI UNDERSTAND I AGREE HERE TO WAIVE ALL CLAIMS I MAY HAVE AGAINST THE RELEASED PARTIES AND AGREE THAT NEITHER I, NOR MY ESTATE, HEIRS, ASSIGNS OR BENEFICIARIES NOR ANYONE ELSE ACTING ON MY BEHALF, WILL MAKE A CLAIM AGAINST THE RELEASED PARTIES FOR ANY INJURY, DAMAGE, OR OTHER LOSS, EXCEPT FOR CLAIMS FOR PERSONAL INJURY OR DEATH, I MAY SUFFER; AND • PARTICIPANT SHALL PROTECT, DEFEND, INDEMNIFY, AND SAVE THE RELEASED PARTIES HARMLESS (“INDEMNIFY” MEANING PROTECT BY REIMBURSEMENT OR PAYMENT, INCLUDING ATTORNEY’S FEES AND EXPENSES) WITH RESPECT TO ANY AND ALL CLAIMS BROUGHT BY OR ON BEHALF OF ME, MY SPOUSE, A FAMILY MEMBER, A CO- PARTICIPANT, OR ANY OTHER PERSON, FOR ANY INJURY, DAMAGE, DEATH, LOST PROPERTY, STOLEN PROPERTY, DISPOSED PROPERTY, OR OTHER LOSS IN ANY WAY CONNECTED WITH THE RISKS OR MY ENROLLMENT OR PARTICIPATION IN THE EVENT OR THE ACTIVITIES, INCLUDING WITHOUT LIMITATION USE OF ANY EQUIPMENT, FACILITIES, OR PREMISES, WITH LIMITATION TO ORDINARY NEGLIGENCE, WHETHER PASSIVE OR ACTIVE, OF THE RELEASED PARTIES. THIS RELEASE AND INDEMNITY SECTION INCLUDES CLAIM/s for personal injury or wrongful death S FOR PROPERTY DAMAGE, LOSS OF CONSORTIUM, BREACH OF CONTRACT OR ANY OTHER CLAIM, INCLUDING CLAIMS RESULTING FROM THE ORDINARY NEGLIGENCE OF RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. PERSONAL INJURY OR WRONGFUL DEATH (including claimINCLUDING CLAIMS RELATED TO EMERGENCY, MEDICAL, DRUG AND/s related to emergencyOR HEALTH ISSUES, medicalRESPONSE, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim, including claim/s resulting from the negligence of Released Parties, whether passive or activeASSESSMENT OR TREATMENT) ARE EXCLUDED FROM THIS RELEASE AND INDEMNITY.

Appears in 2 contracts

Samples: Introduction, cdn3.sportngin.com

Release and Indemnity. Please read carefully. This Release and Indemnity section contains a surrender Sublessee agrees that Sublessor shall not be liable for any loss or damage to any property of certain legal rights. I hereby acknowledge and assume all any persons (including property of the risks of participating in the Event and agree as follows: • To the extent permitted by lawSublessee, to release and not to xxx Operator, WTC, Triathlon Australia, any applicable federation, Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteers, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, its officers, directors, partners, board members, shareholders, members, supervisors, insurersemployees, agents, employeescustomers, volunteersconcessionaires, vendors, contractors and representatives and all other persons or entities associated or involved with the activities (individually and collectively referred to in this Form as the “Released Parties”invitees), with respect occasioned by theft, fire, acts of God, or any governmental body or authority, injunction, riot, war, other tenants of the Subleased Premises or the premises of which the Subleased Premises are a part, or any damage or inconvenience which may arise through repair, or alteration of the Subleased Premises, or failure to any and all claimsmake repairs in a timely manner, liabilitiesor the unavailability of utilities, suits or expenses (including attorneys’ fees and costs) (collectively referred to in this Form as “claim” or “claim/s”) for any injuryother cause, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in except to the activities, including use of any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach extent caused by the Released Parties gross negligence or willful misconduct of statutory duty. I understand I agree here to waive all claim/s I may have against Sublessor or the Released Parties and agree respective Prime Lessor, it being agreed that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss I may suffer. The aforementioned exclusion of liability this release shall not apply to damages caused by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me, my spouse, a family member, a co-participant or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activities, including without limitation use of any equipment, facilities, or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. This Release and Indemnity section includes but is not limited to claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim, including claim/s claims resulting from the negligence of Released PartiesSublessor or such Prime Lessor. Sublessor agrees that any waivers of claims for property damage contained in the respective Prime Agreement made by the Prime Lessor thereunder shall inure to the benefit of Sublessee to the extent permitted by the applicable Prime Agreement and applicable law. Indemnity Anything in this Agreement to the contrary notwithstanding, whether passive and without limiting Sublessee's obligation to provide insurance pursuant to Article 12 hereunder, Sublessee covenants and agrees that it shall indemnify, defend and save harmless Sublessor, its affiliates (other than Sublessee), any affected Prime Lessor, and their respective directors, officers, employees, agents, successors and assigns (“Indemnitees”), from and against all liabilities, losses, damages, penalties, claims, costs, charges and expenses, causes of action and judgments of any nature whatsoever, including without limitation reasonable attorney's fees, costs and related expenses that may be imposed upon or active.incurred by the Indemnitees by reason or arising out of any of the following, except if caused by the negligence or willful misconduct of any such Indemnitee (it being acknowledged, however, that if the indemnification obligations of Sublessor under the respective Prime Agreement requires Sublessor to indemnify such Prime Lessor (or other parties therein identified) Sublessee shall be required to indemnify such Prime Lessor and other identified parties to the same extent; and that such indemnification duties may apply even where an Indemnitee under the applicable Prime Agreement is negligent or otherwise at fault):

Appears in 2 contracts

Samples: Capacity Purchase Agreement (Republic Airways Holdings Inc), Capacity Purchase Agreement (Republic Airways Holdings Inc)

Release and Indemnity. Please read carefully. This Release and Indemnity section contains a surrender of certain legal rights. I hereby acknowledge and assume all of the risks of participating in the Event and agree as follows: • To the extent permitted by law, to release and not to xxx sue Operator, WTC, Triathlon Australia, any applicable federation, Event sponsors, Event organizersorganisers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteers, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors and representatives and all other persons or entities associated or involved with the activities (individually and collectively referred to in this Form as the “Released Parties”), with respect to any and all claims, liabilities, suits or expenses (including attorneys’ fees and costs) (collectively referred to in this Form as “claim” or “claim/s”) for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment enrolment or participation in the activities, including use of any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. I understand I agree here to waive all claim/s I may have against the Released Parties and agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss I may suffer. The aforementioned exclusion of liability shall not apply to damages caused by willful wilful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me, my spouse, a family member, a co-participant or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment enrolment or participation in the activities, including without limitation use of any equipment, facilities, or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. This Release and Indemnity section includes but is not limited to claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim, including claim/s resulting from the negligence of Released Parties, whether passive or active.

Appears in 2 contracts

Samples: Release and Indemnity Agreement, Introduction

Release and Indemnity. Please read carefullyContractor understands that providing services for the District involves inherent risk, which could result in property damage, illness and/or bodily injury (up to and including death), and which includes risk of exposure to and infection by the novel coronavirus, COVID-19. This Release Contractor understands that exposure and Indemnity section contains a surrender infection can result from the actions and/or omissions of certain legal rights. I hereby acknowledge and assume all Contractor, members of the risks of participating public, and District employees, agents and contractors, and that infection could result in illness, bodily injury, permanent disability and/or death. Although the Event District has implemented preventive measures, such as participant screening, social distancing and agree as follows: • To the extent permitted by lawsanitizing surfaces, to release reduce the spread of COVID-19, risk of exposure and infection cannot to xxx Operatorbe eliminated entirely. In and for good and valuable consideration, WTC, Triathlon Australia, any applicable federation, Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteers, Contractor hereby (i) assumes the risk and all property owners responsibility for Contractor’s health and statesafety when providing services for the District; (ii) waives and forever releases the District and its employees, city, town, county, agents and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or contractors from any and all claims (including those for illness and bodily injury) arising out of or relating in any way assist in locations where whatsoever to Contractor’s provision of services for the activities take placeDistrict, even though said claims may arise out of the negligence of the District and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, its employees, volunteersagents and contractors; (iii) limits the District’s liability to the limits of the District’s insurance policy if the foregoing waiver and release is adjudged to be unenforceable; (iv) agrees to defend, indemnify and hold the District and its employees, agents and contractors harmless from and representatives and all other persons or entities associated or involved with the activities (individually and collectively referred to in this Form as the “Released Parties”), with respect to against any and all claimsclaims (including those for illness and bodily injury), liabilitiesdamages, suits or liabilities and expenses (including attorneys’ fees attorney fees) arising out of or relating in any whatsoever to Contractor’s provision of services for the District and/or Contractor’s breach of this Agreement; and costs(v) (collectively referred agrees to in this Form as “claim” notify the District if Contractor tests positive for COVID-19, has been exposed or “claim/s”) for any injury, damage, death, lost property, stolen property, disposed propertypotentially exposed to COVID-19, or other is experiencing symptoms associated with COVID-19, including, without limitation, fever, shortness of breath, cough, and loss in any way connected with my enrollment of taste or participation in the activities, including use of any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. I understand I agree here to waive all claim/s I may have against the Released Parties and agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss I may suffer. The aforementioned exclusion of liability shall not apply to damages caused by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me, my spouse, a family member, a co-participant or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activities, including without limitation use of any equipment, facilities, or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory dutysmell. This Release Section 12 shall survive the termination of this Agreement and Indemnity section includes but is not limited to claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim, including claim/s resulting from the negligence of Released Parties, whether passive or activebe fully applicable and enforceable thereafter.

Appears in 2 contracts

Samples: Recreation Contractor Service Agreement, Recreation Contractor Service Agreement

Release and Indemnity. Please read carefully. This Release and Indemnity section contains a surrender of certain legal rights. If I hereby acknowledge and assume all am an adult participant or Parent (for myself and, to the maximum extent allowed by law, on behalf of the risks minor participant, my heirs, assigns, personal representatives and next of participating kin,) HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS THE Danbury Arena, their officers, officials, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used to conduct the event (“Releasees”), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, suffered by me or by the child, if applicable, arising in whole or part from my (or the Event and agree as follows: • To child’s) visit to the premises of the Activity or participation in any other offered activity, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. I agree for myself and on behalf of the minor participant NOT TO XXX and to INDEMNIFY, to release and not to xxx OperatorDEFEND, WTCAND HOLD HARMLESS, Triathlon AustraliaDANBURY ARENA, any applicable federationits managers, Event sponsorsmembers, Event organizersowners, Event promotersagents, Event producers, race directors, Event officialsattorneys, Event staff, advertisers, administrators, contractors, vendors, volunteers, and all property owners and statesuccessors, cityaffiliates, townheirs, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directorsinvestors, partners, board membersas well as Diamond Hospitality Group LLC, shareholdersDiamond Properties LLC, membersDP110 LLC, supervisorsand Diamond Property Management LLC, insurers, agents, employees, volunteers, contractors in law and representatives and all other persons or entities associated or involved with the activities (individually and collectively referred to in this Form as the “Released Parties”), with respect to equity against any and all claims, liabilities, suits or expenses (including attorneys’ fees and costs) (collectively referred to in this Form as “claim” actions of any kind, whatsoever, for liability, damages, compensation or “claim/s”) for any injury, damage, death, lost property, stolen property, disposed property, otherwise brought by me or other loss in any way connected with anyone on my enrollment or participation in the activitiesbehalf, including use attorney’s fees, costs of defense, and any equipmentrelated costs , facilities if litigation or premises, howsoever caused; negligence, whether passive the threat of litigation arises pursuant to any claims made by me or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. I understand I agree here to waive all claim/s I may have against the Released Parties and agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss I may suffer. The aforementioned exclusion of liability shall not apply to damages caused by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by behalf or on behalf of me, the minor participant. If I make any such claim or any such claim is made by someone on my spouse, a family member, a co-behalf or on behalf of the minor participant or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or as a consequence of the minor participant’s participation in activities on the activitiesDANBURY ARENA, including without limitation use I agree for myself and on behalf of the minor participant to reimburse all such costs and liability to the person or entity who incurs such costs or liability from such suits, claims, demands or actions of any equipment, facilities, kind. These agreements of release and indemnity include loss or premises, howsoever caused; negligence, whether passive damages caused or active, of the Released Parties; and/or any breach claimed to be caused in whole or in party by the Released Parties of statutory duty. This Release and Indemnity section includes but is not limited to claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim, including claim/s resulting from the negligence of a Released PartiesParty, whether passive but not intentional wrongs or activethe gross negligence of a Released Party. In the event that any damage to equipment or facilities occurs as a result of my or the minor participant’s willful actions, neglect, or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.

Appears in 2 contracts

Samples: danburyice.com, cdn2.sportngin.com

Release and Indemnity. Please read carefullyPLEASE READ CAREFULLY. This Release and Indemnity section contains a surrender of certain legal rights. THIS RELEASE AND INDEMNITY SECTION CONTAINS A SURRENDER OF CERTAIN LEGAL RIGHTS, WHICH I hereby acknowledge and assume all of the risks of participating in the Event and agree as followsHEREBY ACKNOWLEDGE AND AGREE AS FOLLOWS: • To the extent permitted by law, to release and not to xxx OperatorTO RELEASE AND NOT TO XXX Organizer, WTC, Triathlon Australia, any applicable federationfederation and/or race sanctioning body, Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteers, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors contractors, and representatives and all other persons or entities associated or involved with the activities (individually and collectively referred to in this Form Agreement as the “Released Parties”), with respect to any and all claims, liabilities, suits suits, or expenses (including attorneys’ fees and costs) (collectively referred to in this Form Agreement as “claimClaims” or “claim/sClaims”) for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with the Risks listed above or my enrollment or participation in the activities, including use of any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. I understand I agree here to waive all claim/s I may have against the Released Parties Event and agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss I may suffer. The aforementioned exclusion of liability shall not apply to damages caused by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me, my spouse, a family member, a co-participant or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activitiesActivities, including without limitation use of any equipment, facilities, or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. This Release and Indemnity section includes but is not limited to claimI UNDERSTAND I AGREE HERE TO WAIVE ALL CLAIMS I MAY HAVE AGAINST THE RELEASED PARTIES AND AGREE THAT NEITHER I, NOR MY ESTATE, HEIRS, ASSIGNS OR BENEFICIARIES NOR ANYONE ELSE ACTING ON MY BEHALF, WILL MAKE A CLAIM AGAINST THE RELEASED PARTIES FOR ANY INJURY, DAMAGE, DEATH, OR OTHER LOSS I MAY SUFFER; AND • PARTICIPANT SHALL PROTECT, DEFEND, INDEMNIFY, AND SAVE THE RELEASED PARTIES HARMLESS (“INDEMNIFY” MEANING PROTECT BY REIMBURSEMENT OR PAYMENT, INCLUDING ATTORNEY’S FEES AND EXPENSES) WITH RESPECT TO ANY AND ALL CLAIMS BROUGHT BY OR ON BEHALF OF ME, MY SPOUSE, A FAMILY MEMBER, A CO-PARTICIPANT, OR ANY OTHER PERSON, FOR ANY INJURY, DAMAGE, DEATH, LOST PROPERTY, STOLEN PROPERTY, DISPOSED PROPERTY, OR OTHER LOSS IN ANY WAY CONNECTED WITH THE RISKS OR MY ENROLLMENT OR PARTICIPATION IN THE EVENT OR THE ACTIVITIES, INCLUDING WITHOUT LIMITATION USE OF ANY EQUIPMENT, FACILITIES, OR PREMISES, WITHOUT LIMIT AND WITHOUT REGARD TO THE CAUSE OR CAUSES OR NEGLIGENCE, WHETHER PASSIVE OR ACTIVE, OF THE RELEASED PARTIES, AND/s for personal injury or wrongful death OR ANY BREACH BY THE RELEASED PARTIES OF ANY LEGAL DUTY. THIS RELEASE AND INDEMNITY SECTION INCLUDES BUT IS NOT LIMITED TO CLAIMS FOR PERSONAL INJURY OR WRONGFUL DEATH (including claimINCLUDING CLAIMS RELATED TO EMERGENCY, MEDICAL, DRUG, AND/s related to emergencyOR HEALTH ISSUES, medicalRESPONSE, drug and/or health issuesASSESSMENT, response, assessment or treatmentOR TREATMENT), property damagePROPERTY DAMAGE, loss of consortiumLOSS OF CONSORTIUM, breach of contract or any other claimBREACH OF CONTRACT, including claim/s resulting from the negligence of Released PartiesOR ANY OTHER CLAIM, whether passive or activeINCLUDING CLAIMS RESULTING FROM THE NEGLIGENCE OF RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE, RELATED TO THE EVENT OR THE ACTIVITIES.

Appears in 2 contracts

Samples: Release and Indemnity Agreement, Release and Indemnity Agreement

Release and Indemnity. Please read carefullyPLEASE READ CAREFULLY. This Release and Indemnity section contains a surrender of certain legal rights. THIS RELEASE AND INDEMNITY SECTION CONTAINS A SURRENDER OF CERTAIN LEGAL RIGHTS, WHICH I hereby acknowledge and assume all of the risks of participating in the Event and agree as followsHEREBY ACKNOWLEDGE AND AGREE AS FOLLOWS: • To the extent permitted by law, to release and not to xxx OperatorTO RELEASE AND NOT TO SUE Organizer, WTC, Triathlon Australia, any applicable federationfederation and/or race sanctioning body, Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteers, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors contractors, and representatives and all other persons or entities associated or involved with the activities (individually and collectively referred to in this Form Agreement as the “Released Parties”), with respect to any and all claims, liabilities, suits suits, or expenses (including attorneys’ fees and costs) (collectively referred to in this Form Agreement as “claimClaims” or “claim/sClaims”) for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with the Risks listed above or my enrollment or participation in the activities, including use of any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. I understand I agree here to waive all claim/s I may have against the Released Parties Event and agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss I may suffer. The aforementioned exclusion of liability shall not apply to damages caused by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me, my spouse, a family member, a co-participant or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activitiesActivities, including without limitation use of any equipment, facilities, or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. This Release and Indemnity section includes but is not limited to claimI UNDERSTAND I AGREE HERE TO WAIVE ALL CLAIMS I MAY HAVE AGAINST THE RELEASED PARTIES AND AGREE THAT NEITHER I, NOR MY ESTATE, HEIRS, ASSIGNS OR BENEFICIARIES NOR ANYONE ELSE ACTING ON MY BEHALF, WILL MAKE A CLAIM AGAINST THE RELEASED PARTIES FOR ANY INJURY, DAMAGE, DEATH, OR OTHER LOSS I MAY SUFFER; AND • PARTICIPANT SHALL PROTECT, DEFEND, INDEMNIFY, AND SAVE THE RELEASED PARTIES HARMLESS (“INDEMNIFY” MEANING PROTECT BY REIMBURSEMENT OR PAYMENT, INCLUDING ATTORNEY’S FEES AND EXPENSES) WITH RESPECT TO ANY AND ALL CLAIMS BROUGHT BY OR ON BEHALF OF ME, MY SPOUSE, A FAMILY MEMBER, A CO-PARTICIPANT, OR ANY OTHER PERSON, FOR ANY INJURY, DAMAGE, DEATH, LOST PROPERTY, STOLEN PROPERTY, DISPOSED PROPERTY, OR OTHER LOSS IN ANY WAY CONNECTED WITH THE RISKS OR MY ENROLLMENT OR PARTICIPATION IN THE EVENT OR THE ACTIVITIES, INCLUDING WITHOUT LIMITATION USE OF ANY EQUIPMENT, FACILITIES, OR PREMISES, WITHOUT LIMIT AND WITHOUT REGARD TO THE CAUSE OR CAUSES OR NEGLIGENCE, WHETHER PASSIVE OR ACTIVE, OF THE RELEASED PARTIES, AND/s for personal injury or wrongful death OR ANY BREACH BY THE RELEASED PARTIES OF ANY LEGAL DUTY. THIS RELEASE AND INDEMNITY SECTION INCLUDES BUT IS NOT LIMITED TO CLAIMS FOR PERSONAL INJURY OR WRONGFUL DEATH (including claimINCLUDING CLAIMS RELATED TO EMERGENCY, MEDICAL, DRUG, AND/s related to emergencyOR HEALTH ISSUES, medicalRESPONSE, drug and/or health issuesASSESSMENT, response, assessment or treatmentOR TREATMENT), property damagePROPERTY DAMAGE, loss of consortiumLOSS OF CONSORTIUM, breach of contract or any other claimBREACH OF CONTRACT, including claim/s resulting from the negligence of Released PartiesOR ANY OTHER CLAIM, whether passive or activeINCLUDING CLAIMS RESULTING FROM THE NEGLIGENCE OF RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE, RELATED TO THE EVENT OR THE ACTIVITIES, UNLESS OTHERWISE PRESCRIBED AND SPECIFIED BY THE CROATIAN LAW MANDATORY PROVISIONS.

Appears in 1 contract

Samples: cdn2.sportngin.com

Release and Indemnity. Please read carefully. This Release As material consideration to Landlord, Tenant agrees that Landlord, its agents, and Indemnity section contains a surrender of certain legal rights. I hereby acknowledge its employees shall not be liable to Tenant, its agents, employees, sublessees, invitees, licensees and assume all other persons claiming under Tenant for: (i) any damage to any property entrusted to employees of the risks Project, (ii) loss or damage to any property by theft or otherwise, (iii) consequential damages arising out of participating any loss of the use of the Premises or any equipment or facilities therein; or (iv) any injury or damage to person or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Project or from pipes, appliances or plumbing work therein or from the roof, street, sub-surface or from any other place or resulting from dampness or any other cause whatsoever. Landlord or its agents shall not be liable for interference with light or other incorporeal hereditaments, nor shall Landlord be liable for any latent defects in the Event Premises or the Project. Tenant shall give prompt notice to Landlord in case of fire or accidents in the Premises or in the Project, and agree as follows: • of defects therein or in the fixtures or equipment located therein. To the fullest extent permitted by law, Tenant agrees to release indemnify, defend ( with counsel satisfactory to Landlord) and not hold harmless Landlord, its agents, successors in interest with respect to xxx Operator, WTC, Triathlon Australia, any applicable federation, Event sponsors, Event organizers, Event promoters, Event producers, race the Building and their directors, Event officialsofficers, Event staffpartners, advertisersemployees, administratorsshareholders, agents and representatives and the directors, officers, partners, employees, shareholders, agents and representatives of the partners of Landlord from (i) all claims, actions, liabilities, and proceedings arising from Tenant’s use of the Premises or the conduct of its business or from any activity, work or thing done, permitted or suffered by Tenant, its agents, contractors, vendorssublessees, volunteersemployees or invitees, in or about the Premises, the Building, or the Project and any breach or default in the performance of any obligation to be performed by Tenant under the terms of this Lease, or arising from any act, neglect, fault or omission of Tenant, or of its agents, contractors, sublessees, employees or invitees, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in (ii) any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors and representatives and all other persons or entities associated or involved with the activities (individually costs, attorneys’ fees, expenses and collectively referred to in this Form as the “Released Parties”), liabilities incurred with respect to any and all such claims, actions, liabilities, suits or proceedings, and in the event any actions or proceedings shall be brought against Landlord by reason of any such claims, Tenant, upon notice from Landlord, shall defend the same at Tenant’s expense by counsel approved in writing by Landlord. Tenant hereby assumes all risk of damage to property or injury to person in, upon or about the Premises from any cause whatsoever except that which is caused by the failure of Landlord to observe any of the terms and conditions of this Lease where such failure has persisted for an unreasonable period of time after Landlord receives written notice of such, and Tenant hereby waives all its claims in respect thereof against Landlord. As used herein, the term “liabilities” shall include all suits, actions, claims and demands and all expenses (including attorneys’ fees and costscosts of defense) (collectively referred to incurred in or about any such liability and any action or proceeding brought thereon. If any claim shall be made or any action or proceeding brought against Landlord on the basis of any liability described in this Form as “claim” or “claim/s”) for any injuryParagraph, damageTenant shall, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in upon notice from Landlord defend the activities, including use of any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach same at Tenant’s expense by the Released Parties of statutory dutycounsel reasonably satisfactory to Landlord. I understand I agree here to waive all claim/s I may have against the Released Parties and agree It is understood that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss I may suffer. The aforementioned exclusion of liability payment shall not apply be a condition precedent to damages caused by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) recovery upon the Released Parties with respect to any and all claim/s brought by or on behalf of me, my spouse, a family member, a co-participant or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activities, including without limitation use of any equipment, facilities, or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. This Release and Indemnity section includes but is not limited to claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim, including claim/s resulting from the negligence of Released Parties, whether passive or activeforegoing indemnity.

Appears in 1 contract

Samples: Letter Agreement (Curon Medical Inc)

Release and Indemnity. Please read carefully. This Release and Indemnity section contains a surrender of certain legal rights. I hereby acknowledge and assume all of the risks of participating in the Event and agree as follows: • To the extent permitted by law, to release and not to xxx sue Operator, WTC, Triathlon AustraliaNew Zealand, any applicable federation, Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteers, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors and representatives and all other persons or entities associated or involved with the activities (individually and collectively referred to in this Form as the “Released Parties”), with respect to any and all claims, liabilities, suits or expenses (including attorneys’ fees and costs) (collectively referred to in this Form as “claim” or “claim/s”) for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activities, including use of any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. I understand I agree here to waive all claim/s I may have against the Released Parties and agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss I may suffer. The aforementioned exclusion of liability shall not apply to damages caused by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me, my spouse, a family member, a co-participant or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activities, including without limitation use of any equipment, facilities, or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. This Release and Indemnity section includes but is not limited to claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim, including claim/s resulting from the negligence of Released Parties, whether passive or active.

Appears in 1 contract

Samples: Introduction

Release and Indemnity. Please read carefully. This Release and Indemnity section contains a surrender of certain legal rights. I hereby acknowledge and assume all of the risks of participating in the Event and agree as follows: • To the extent permitted by law, to release and not to xxx Operatorsue Organizer, WTC, Triathlon Australia, any applicable federationfederation and/or race sanctioning body, Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteers, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors and representatives and all other persons or entities associated or involved with the activities (individually and collectively referred to in this Form as the "Released Parties"), with respect to any and all claims, liabilities, suits or expenses (including attorneys’ attorneys‟ fees and costs) (collectively referred to in this Form as “claim” or “claim/s”) for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activities, including use of any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. I understand I agree here to waive all claim/s I may have against the Released Parties and agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss I may suffer. The aforementioned exclusion of liability shall not apply to damages caused by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me, my spouse, a family member, a co-participant or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activities, including without limitation use of any equipment, facilities, or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. .. This Release and Indemnity section includes but is not limited to claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim, including claim/s resulting from the negligence of Released Parties, whether passive or active.

Appears in 1 contract

Samples: cdn1.sportngin.com

Release and Indemnity. Please read carefully. This Release and Indemnity section contains a surrender of certain legal rights. I hereby acknowledge and assume all of the risks of participating in the Event and agree as follows: • To the extent permitted by law, to release and not to xxx Operatorsue Organizer, WTC, Triathlon Australia, any applicable federationfederation and/or race sanctioning body, Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteers, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors and representatives and all other persons or entities associated or involved with the activities (individually and collectively referred to in this Form as the "Released Parties"), with respect to any and all claims, liabilities, suits or expenses (including attorneys’ fees and costs) (collectively referred to in this Form as “claim” or “claim/s”) for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activities, including use of any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. I understand I agree here to waive all claim/s I have or may have in the future against the Released Parties relating to my participation in the Event or my traveling to or from the Event and I agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss I may suffer. The aforementioned exclusion of liability shall not apply to damages caused by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me, my spouse, a family member, a co-participant or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activities, including without limitation use of any equipment, facilities, or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. . This Release and Indemnity section includes but is not limited to claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim, including claim/s resulting from the negligence of Released Parties, whether passive or active.

Appears in 1 contract

Samples: cdn1.sportngin.com

Release and Indemnity. Please read carefully. This Release No Landowner shall be liable to the undersigned or its heirs, distributees, guardians, legal representatives, or assigns, for any damage to property and Indemnity section contains a surrender injury to or death(s) of certain legal rightsperson(s) with respect to the undersigned due to the condition, state of repair or any defects of the Subject Property which may exist, both latent or visible, known or unknown. I hereby acknowledge and expressly assume all risks, damages to properties, liability, injury to and death(s) of person(s), either proximate or remote, by reason of the risks present or future condition of participating in the Event and agree as follows: • To Subject Property or the extent permitted by law, to improvements thereon. I hereby release and not to xxx Operator, WTC, Triathlon Australia, each Landowner for any applicable federation, Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteers, and all property owners damages to properties and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel death(s) of or injury to person(s) which are used and/or incurred by the undersigned while I am on the Subject Property or in any way assist in locations where related to the undersigned’s access, entry or activities take placeon the Subject Property, (including consequential, punitive and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors and representatives and all other persons or entities associated or involved with the activities (individually and collectively referred to in this Form as the “Released Parties”exemplary damages), with respect to any as well as all risks, dangers and all claimshazards accepted in paragraph 2 above and the condition of the Subject Property referenced in paragraph 1 above. I, liabilitiesMY HEIRS, suits DISTRIBUTEES, GUARDIANS, LEGAL REPRESETATIVES, OR ASSIGNS HEREBY INDEMNIFY AND HOLD HARMLESS MC RANCH, Ltd. ,AND/OR ANY OF ITS AFFILIATED ORGANIZATIONS, OFFICERS, PARTNERS, EMPLOYEES, DIRECTORS AND EACH LANDOWNER FROM AND AGAINST ALL SUITS, CLAIMS, AND ACTIONS OF EVERY KIND, DAMAGES, LOSSES, LIENS JUDGEMENTS, LIABILITIES AND EXPENSES (INCLUDING ATTORNEY’S FEES, COURT COSTS, COSTS OF INVESTIGATION, EXPERT FEES, HOSPITAL AND MEDICAL FEES) ASSERTED AGAINST AND LANDOWNER ON ACCOUNT OF ANY INJURIES TO OR DEATH(S) OF PERSON(S) OR DAMAGE TO PROPERTY WHICH ACCRUE OR ARE INCURRED BY THE UNDERSIGNED WHILE I AM ON THE SUBJECT PROPERTY OR IN ANY WAY RELATED TO MY ACCESS, ENTRY OR ACTIVITIES ON THE SUBJECT PROPERTY. ALL SUCH RELEASES AND INDEMNITIES GRANTED BY THE UNDERSIGNED TO EACH LANDOWNER IN THIS PARAGRAPH 3 SHALL INCLUDE DAMAGES, DEATHS AND INJURIES WHETHER CAUSED IN WHOLE OR IN PART BY ANY ACT OR OMISSION, WHETHER NEGLIGENT OR NOT, OR GROSSLY NEGLIGENT, BY ANY LANDOWNER OR WHETHER ARISING FROM STRICT LIABILITY. THE ONLY LIABILITIES WHICH ARE NOT COVERED BY THIS RELEASE AND INDEMNITY ARE THOSE RESULTING FROM THE SOLE, WILFUL MISCONDUCT OF A LANDOWNER. I also agree that I will have no right or expenses (including attorneys’ fees and costs) (collectively referred to in this Form as “claim” or “claim/s”) claim against Landowners for any injury, damage, death, lost property, stolen property, disposed property, death or other loss in any way connected with my enrollment or participation in the activities, including use of any equipment, facilities or premises, howsoever caused; property damaged (whether caused by negligence, whether passive gross negligence or active, strict liability of Landowners for the condition of the Released Parties; and/or any breach by the Released Parties of statutory duty. I understand I agree here to waive all claim/s I may have against the Released Parties and agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss I may suffer. The aforementioned exclusion of liability shall not apply to damages caused by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me, my spouse, a family member, a co-participant Subject Property or any other personpart thereof) by way of subrogation or assignment, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activities, including without limitation use of any equipment, facilities, or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. This Release and Indemnity section includes but is not limited to claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim, including claim/s resulting from the negligence of Released Parties, whether passive or active.I hereby

Appears in 1 contract

Samples: www.texastrophyranch.com

Release and Indemnity. Please read carefully. This Release For the purpose of this clause VNZ shall mean and Indemnity section contains a surrender include VNZ, its Members, Board of certain legal rightsDirectors, any independent contractors from time to time employed by VNZ or any voluntary worked carrying out honorary or unpaid duties for VNZ. I expressly agree that VNZ shall not in any circumstances whatsoever be under any liability whatsoever to me for any loss, damage or injury of whatsoever kind arising directly or indirectly and connected with my membership with the NZL team, and my participation in the 2020 Summer Olympics and disciplinary action taken against or directed at me by VNZ and hereby indemnified and will at all times hereafter and well and sufficiently indemnify and keep indemnified VNZ from and against all actions, suits, causes of actions proceedings, claims, demands, costs with or rising out of any such loss, damage or injury and hereby (without obligation upon VNZ to do so) that VNZ may act as my agent in incurring such expenses as and/or doing whatsoever is reasonably necessary for the benefit of me in connection with or rising out of such loss, damage or injury. I acknowledge and assume agree that in entering into this Agreement and in particular but without limiting the generality therefore, for the purpose of this clause VNZ is, and shall be deemed to be, acting as agent and trustee on behalf of and for the benefit of all persons, and bodies, corporate and unincorporated who are or might be its members and executives, officials, servant or agents including the officials, coaches, medical practitioners, sports scientists, trainers and members of the risks of participating NZL team and any independent contractor from time to time and voluntary, honorary and unpaid workers as mentioned in the Event and agree as follows: • To the extent permitted by law, to release and not to xxx Operator, WTC, Triathlon Australia, any applicable federation, Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteersthis clause, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors and representatives and all other such persons shall to that extent be or entities associated or involved with the activities (individually and collectively referred be deemed to in be parties to this Form as the “Released Parties”), with respect to any and all claims, liabilities, suits or expenses (including attorneys’ fees and costs) (collectively referred to in this Form as “claim” or “claim/s”) for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activities, including use of any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. I understand I agree here to waive all claim/s I may have against the Released Parties and agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss I may suffer. The aforementioned exclusion of liability shall not apply to damages caused by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me, my spouse, a family member, a co-participant or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activities, including without limitation use of any equipment, facilities, or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. This Release and Indemnity section includes but is not limited to claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim, including claim/s resulting from the negligence of Released Parties, whether passive or activeAgreement.

Appears in 1 contract

Samples: Player’s Agreement

Release and Indemnity. Please read carefully. This Release and Indemnity section contains a surrender of certain legal rights. If I hereby acknowledge and assume all of am an adult participant or Parent (for myself and, to the risks of participating in the Event and agree as follows: • To the maximum extent permitted allowed by law, on behalf of the minor participant) I agree to release and not to xxx Operator, WTC, Triathlon Australia, any applicable federation, Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteers, and all property owners and state, city, town, county, and other governmental bodies, Spins Xxxxxx LLC and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors officers and representatives and all other persons or entities associated or involved with the activities staff (individually and collectively referred to in this Form as the “Released Parties”), ) with respect to any and all claims, liabilities, suits or expenses (including attorneys’ fees and costs) (collectively referred to in this Form as “claim” or “claim/s”) for any claims of injury, damagedisability, death, lost property, stolen property, disposed property, or other loss or damage to person or property suffered by me or by the child, if applicable, arising in any way connected with whole or part from my enrollment (or the child’s) visit to the premises of the Activity or participation in the activities, including use of any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, activity. I agree for myself and on behalf of the Released Parties; and/or any breach by the Released Parties of statutory duty. I understand I agree here minor participant NOT TO XXX and to waive all claim/s I may have against the Released Parties and agree that neither IINDEMNIFY, nor my estateDEFEND, AND HOLD HARMLESS, Spins Xxxxxx, LLC a New York limited liability company, its managers, members, owners, agents, directors, attorneys, staff, volunteers, successors, affiliates, heirs, assigns investors, partners, as well as Diamond Hospitality Group LLC, Diamond Properties LLC, DP49 LLC, and Diamond Property Management LLC, in law and in equity against any and all claims, suits or beneficiaries nor actions of any kind, whatsoever, for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees, costs of defense, and any related costs, if litigation or the threat of litigation arises pursuant to any claims made by me or by anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss I may suffer. The aforementioned exclusion of liability shall not apply to damages caused by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by behalf or on behalf of me, the minor participant. If I make any such claim or any such claim is made by anyone on my spouse, a family member, a co-behalf or on behalf of the minor participant or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or as a consequence of the minor participant’s participation in activities on the activitiesSPINS XXXXXX LLC, including without limitation use I agree for myself and on behalf of the minor participant to reimburse all such costs and liability to the person or entity who incurs such costs or liability from such suits, claim, demands or actions of any equipment, facilities, kind. These agreements of release and indemnity include loss or premises, howsoever caused; negligence, whether passive damage caused or active, of the Released Parties; and/or any breach claimed to be caused in whole or in part by the Released Parties of statutory duty. This Release and Indemnity section includes but is not limited to claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim, including claim/s resulting from the negligence of a Released PartiesParty, whether passive but not intentional wrongs or activethe gross negligence of a Released Party. In the event that any damage to equipment or facilities occurs as a result of my or the minor participant’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.

Appears in 1 contract

Samples: Ropes Participant Agreement

Release and Indemnity. Please read Parts A and B carefully. This Release and Indemnity section Section contains a surrender of certain legal rights. PART A: To the extent not prohibited by law, I hereby acknowledge and assume all of (the risks of participating in the Event and minor child’s parent/legal guardian, if applicable) for myself, agree as follows: • To the extent permitted by lawTO RELEASE, to release and not to xxx OperatorWAIVE, COVENANT NOT TO SUE, AND FOREVER DISCHARGE CGI, World Triathlon Corporation (“WTC”), Triathlon AustraliaIFI, any applicable federationUSA Track & Field, all Event sponsors, Event organizers, Event promoters, Event producers, race directorsEvent staff, Event officials, Event staff, advertisersany sanctioning body, administrators, contractors, vendors, advertisers, race directors, volunteers, athletes, all other persons or entities involved with the Event, and all property owners and statestates, citycities, town, countytowns, and other governmental bodies, bodies and/or municipal agencies whose property and/or personnel are used and/or and locations in any way assist in locations where the activities take which an Event or portions of an Event takes place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors other participants and representatives representatives, and all other persons or entities associated or involved with the activities Event (individually and collectively referred to in this Form as the “Released Parties”), with respect to ) of and from any and all claims, liabilitiescauses of action, suits or expenses damages (including attorneys’ fees direct, indirect, incidental, special and/or consequential), losses (economic and non-economic), costs) , expenses, and liabilities of every kind (collectively referred to in this Form as claim” or “claim/sClaims”) that I and/or my child may have, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my and/or my child’s enrollment or participation in and/or assistance with the activities, including use of and/or assistance with any equipment, facilities or premises, howsoever caused; negligence, whether passive premises (and losses resulting from the inherent or active, other risks of the Released Parties; and/or any breach by activities). If acting in the Released Parties capacity as a parent or legal guardian on behalf of statutory duty. a minor participant volunteer, I understand I and agree here to waive all claim/s Claims I may have (for myself) against the Released Parties and agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any loss I may suffer, if I or my child suffers injury, damage, death death, or other loss I may suffer. The aforementioned exclusion of liability shall not apply to damages caused by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operatorloss; and To defend and indemnify TO DEFEND AND INDEMNIFY (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claimClaim/s brought by or on behalf of me, and/or my spouse, a child or other family member/s, a co-participant or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my and/or my child’s enrollment or participation in and/or assistance with the activities, including without limitation use of and/or assistance with any equipment, facilities, facilities or premises, premises (and losses resulting from the inherent or other risks of the activities) howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. This Release and Indemnity section Section Part A includes Claim/s resulting from any of the Released Parties’ negligence, whether passive or active, (but is not limited to claimany of their intentional misconduct), and includes Claim/s for personal injury or wrongful death (including claimClaim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract contract, or any other claim, including claim/s resulting from the negligence of Released Parties, whether passive or active.

Appears in 1 contract

Samples: www.runrocknroll.com

Release and Indemnity. Please read carefully. This Release and Indemnity section contains a surrender of certain legal rights. I hereby acknowledge and assume all of the risks of participating in the Event and agree as follows: • To the extent permitted by law, to release and not to xxx Operatorsue Organizer, WTC, Triathlon Australia, any applicable federationfederation and/or race sanctioning body, Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteers, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors and representatives and all other persons or entities associated or involved with the activities (individually and collectively referred to in this Form as the "Released Parties"), with respect to any and all claims, liabilities, suits or expenses (including attorneys’ fees and costs) (collectively referred to in this Form as “claim” or “claim/s”) for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activities, including use of any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. I understand that I agree here to waive all claim/s I may have against the Released Parties and agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss I may suffer. The aforementioned exclusion of liability shall not apply to damages caused by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me, my spouse, a family member, a co-participant or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activities, including without limitation use of any equipment, facilities, or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. . This Release and Indemnity section includes but is not limited to claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim, including claim/s resulting from the negligence of Released Parties, whether passive or active.

Appears in 1 contract

Samples: cdn1.sportngin.com

Release and Indemnity. Please read carefullyPLEASE READ PARTS A AND B CAREFULLY. This Release and Indemnity section contains a surrender of certain legal rightsTHIS SECTION CONTAINS A SURRENDER OF CERTAIN LEGAL RIGHTS. PART A: TO THE EXTENT NOT PROHIBITED BY LAW, I hereby acknowledge and assume all of the risks of participating in the Event and agree as follows(THE MINOR CHILD’S PARENT/LEGAL GUARDIAN, IF APPLICABLE) FOR MYSELF, AGREE AS FOLLOWS: • To the extent permitted by lawTO RELEASE AND NOT TO SUE IRONMAN, to release and not to xxx OperatorWorld Triathlon Corporation (“WTC”), WTC, Triathlon AustraliaSport Singapore, any applicable federationEvent sanctioning body, Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteers, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where the activities Activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors contractors, and representatives and all other persons or entities associated or involved with the activities Activities (individually and collectively referred to in this Form Agreement as the "Released Parties"), with respect to any and all claims, liabilities, suits suits, or expenses (including reasonable attorneys’ fees and costs) (collectively referred to in this Form Agreement as “claimClaim” or “claim/sClaims”) for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with the Risks listed above or my (or my child’s) enrollment or participation in the activities, including use of any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. I understand I agree here to waive all claim/s I may have against the Released Parties Event and agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss I may suffer. The aforementioned exclusion of liability shall not apply to damages caused by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me, my spouse, a family member, a co-participant or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activitiesActivities, including without limitation use of any equipment, facilities, or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. This Release and Indemnity section includes but is not limited to claimI UNDERSTAND I AGREE HERE TO WAIVE ALL CLAIMS I AND/s for personal injury or wrongful death OR MY CHILD MAY HAVE AGAINST THE RELEASED PARTIES AND AGREE THAT NEITHER I, NOR MY ESTATE, HEIRS, ASSIGNS OR BENEFICIARIES NOR ANYONE ELSE ACTING ON MY BEHALF, WILL MAKE A CLAIM AGAINST THE RELEASED PARTIES FOR ANY INJURY, DAMAGE, DEATH, OR OTHER LOSS I AND/OR MY CHILD MAY SUFFER; AND • TO PROTECT, DEFEND, INDEMNIFY, AND SAVE THE RELEASED PARTIES HARMLESS (including claim“INDEMNIFY” MEANING PROTECT BY REIMBURSEMENT OR PAYMENT, INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) WITH RESPECT TO ANY AND ALL CLAIMS BROUGHT BY OR ON BEHALF OF ME, AND/s related to emergencyOR MY CHILD, medicalMY SPOUSE, drug and/or health issuesOR OTHER FAMILY MEMBER/S, responseA CO-VOLUNTEER OR ANY OTHER PERSON, assessment or treatmentFOR ANY INJURY, DAMAGE, DEATH, LOST PROPERTY, STOLEN PROPERTY, DISPOSED PROPERTY, OR OTHER LOSS IN ANY WAY CONNECTED WITH THE RISKS OR MY AND/OR MY CHILD’S ENROLLMENT OR PARTICIPATION IN AND/OR ASSISTANCE WITH THE EVENT OR THE ACTIVITIES, INCLUDING WITHOUT LIMITATION USE OF AND/OR ASSISTANCE WITH ANY EQUIPMENT, FACILITIES OR PREMISES, WITHOUT LIMIT AND WITHOUT REGARD TO THE CAUSE OR CAUSES OR NEGLIGENCE, WHETHER PASSIVE OR ACTIVE, OF THE RELEASED PARTIES, AND/OR ANY BREACH BY THE RELEASED PARTIES OF ANY LEGAL DUTY. THIS RELEASE AND INDEMNITY SECTION PART A INCLUDES BUT IS NOT LIMITED TO CLAIMS FOR PERSONAL INJURY OR WRONGFUL DEATH (INCLUDING CLAIMS RELATED TO EMERGENCY, MEDICAL, DRUG, AND/OR HEALTH ISSUES, RESPONSE, ASSESSMENT, OR TREATMENT), property damagePROPERTY DAMAGE, loss of consortiumLOSS OF CONSORTIUM, breach of contract or any other claimBREACH OF CONTRACT, including claim/s resulting from the negligence of Released PartiesOR ANY OTHER CLAIM, whether passive or activeINCLUDING CLAIMS RESULTING FROM THE NEGLIGENCE OF RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE, RELATED TO THE EVENT OR THE ACTIVITIES.

Appears in 1 contract

Samples: Release Agreement

Release and Indemnity. Please read carefully. This Release and Indemnity section contains a surrender of certain legal rights. I hereby acknowledge and assume all of the risks of participating in the Event and agree as follows: To the extent permitted by law, to release and not to xxx Operatorsue Organizer, WTC, Triathlon Australia, any applicable federationfederation and/or race sanctioning body, Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteers, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors and representatives and all other persons or entities associated or involved with the activities (individually and collectively referred to in this Form as the "Released Parties"), with respect to any and all claims, liabilities, suits or expenses (including attorneys’ attorneys‟ fees and costs) (collectively referred to in this Form as “claim” or “claim/s”) for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activities, including use of any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. I understand I agree here to waive all claim/s I may have against the Released Parties and agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss I may suffer. The aforementioned exclusion of liability shall not apply to damages caused by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me, my spouse, a family member, a co-participant or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activities, including without limitation use of any equipment, facilities, or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. .. This Release and Indemnity section includes but is not limited to claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim, including claim/s resulting from the negligence of Released Parties, whether passive or active.

Appears in 1 contract

Samples: cdn3.sportngin.com

Release and Indemnity. Please read carefully. This Release No Landowner shall be liable to the undersigned or its heirs, distributees, guardians, legal representatives, or assigns, for any damage to property and Indemnity section contains a surrender injury to or death(s) of certain legal rightsperson(s) with respect to the undersigned due to the condition, state of repair or any defects of the Subject Property which may exist, both latent or visible, known or unknown. I hereby acknowledge and expressly assume all risks, damages to properties, liability, injury to and death(s) of person(s), either proximate or remote, by reason of the risks present or future condition of participating in the Event and agree as follows: • To Subject Property or the extent permitted by law, to improvements thereon. I hereby release and not to xxx Operator, WTC, Triathlon Australia, each Landowner for any applicable federation, Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteers, and all property owners damages to properties and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel death(s) of or injury to person(s) which are used and/or incurred by the undersigned while I am on the Subject Property or in any way assist in locations where related to the undersigned’s access, entry or activities take placeon the Subject Property, (including consequential, punitive and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors and representatives and all other persons or entities associated or involved with the activities (individually and collectively referred to in this Form as the “Released Parties”exemplary damages), with respect to any as well as all risks, dangers and all claimshazards accepted in paragraph 2 above and the condition of the Subject Property referenced in paragraph 1 above. I, liabilitiesMY HEIRS, suits DISTRIBUTEES, GUARDIANS, LEGAL REPRESETATIVES, OR ASSIGNS HEREBY INDEMNIFY AND HOLD HARMLESS MC RANCH, Ltd. ,AND/OR ANY OF ITS AFFILIATED ORGANIZATIONS, OFFICERS, PARTNERS, EMPLOYEES, DIRECTORS AND EACH LANDOWNER FROM AND AGAINST ALL SUITS, CLAIMS, AND ACTIONS OF EVERY KIND, DAMAGES, INITIAL LOSSES, LIENS JUDGEMENTS, LIABILITIES AND EXPENSES (INCLUDING ATTORNEY’S FEES, COURT COSTS, COSTS OF INVESTIGATION, EXPERT FEES, HOSPITAL AND MEDICAL FEES) ASSERTED AGAINST AND LANDOWNER ON ACCOUNT OF ANY INJURIES TO OR DEATH(S) OF PERSON(S) OR DAMAGE TO PROPERTY WHICH ACCRUE OR ARE INCURRED BY THE UNDERSIGNED WHILE I AM ON THE SUBJECT PROPERTY OR IN ANY WAY RELATED TO MY ACCESS, ENTRY OR ACTIVITIES ON THE SUBJECT PROPERTY. ALL SUCH RELEASES AND INDEMNITIES GRANTED BY THE UNDERSIGNED TO EACH LANDOWNER IN THIS PARAGRAPH 3 SHALL INCLUDE DAMAGES, DEATHS AND INJURIES WHETHER CAUSED IN WHOLE OR IN PART BY ANY ACT OR OMISSION, WHETHER NEGLIGENT OR NOT, OR GROSSLY NEGLIGENT, BY ANY LANDOWNER OR WHETHER ARISING FROM STRICT LIABILITY. THE ONLY LIABILITIES WHICH ARE NOT COVERED BY THIS RELEASE AND INDEMNITY ARE THOSE RESULTING FROM THE SOLE, WILFUL MISCONDUCT OF A LANDOWNER. I also agree that I will have no right or expenses (including attorneys’ fees and costs) (collectively referred to in this Form as “claim” or “claim/s”) claim against Landowners for any injury, damage, death, lost property, stolen property, disposed property, death or other loss in any way connected with my enrollment or participation in the activities, including use of any equipment, facilities or premises, howsoever caused; property damaged (whether caused by negligence, whether passive gross negligence or active, strict liability of Landowners for the condition of the Released Parties; and/or Subject Property or any breach part thereof) by way of subrogation or assignment, and I hereby waive such rights. Notwithstanding anything to the contrary stated elsewhere herein, any release and indemnity given by the Released Parties undersigned in this paragraph which accrues to Landowners also accrues to the joint venturers, agents, representatives, general manager, officers, partners, directors and employees of statutory duty. I understand I agree here to waive all claim/s I may have against the Released Parties and agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss I may suffer. The aforementioned exclusion of liability shall not apply to damages caused by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me, my spouse, a family member, a co-participant or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activities, including without limitation use of any equipment, facilities, or premises, howsoever caused; negligence, whether passive or active, each of the Released Parties; and/or any breach by the Released Parties of statutory duty. This Release and Indemnity section includes but is not limited to claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim, including claim/s resulting from the negligence of Released Parties, whether passive or activeLandowners.

Appears in 1 contract

Samples: texastrophyranch.com

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Release and Indemnity. Please read carefullyPLEASE READ CAREFULLY. This Release and Indemnity section contains a surrender of certain legal rights. THIS RELEASE AND INDEMNITY SECTION CONTAINS A SURRENDER OF CERTAIN LEGAL RIGHTS, WHICH I hereby acknowledge and assume all of the risks of participating in the Event and agree as followsHEREBY ACKNOWLEDGE AND AGREE AS FOLLOWS: • To the extent permitted by law, to release and not to xxx Operator TO RELEASE AND NOT TO XXX Organizer, WTC, Triathlon Australia, any applicable federationfederation and/or race sanctioning body, Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteers, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors contractors, and representatives and all other persons or entities associated or involved with the activities (individually and collectively referred to in this Form Agreement as the “Released Parties”), with respect to any and all claims, liabilities, suits suits, or expenses (including attorneys’ fees and costs) (collectively referred to in this Form Agreement as “claimClaims” or “claim/sClaims”) for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with the Risks listed above or my enrollment or participation in the activities, including use of any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. I understand I agree here to waive all claim/s I may have against the Released Parties Event and agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss I may suffer. The aforementioned exclusion of liability shall not apply to damages caused by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me, my spouse, a family member, a co-participant or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activitiesActivities, including without limitation use of any equipment, facilities, or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. This Release and Indemnity section includes but is not limited to claimI UNDERSTAND I AGREE HERE TO WAIVE ALL CLAIMS I MAY HAVE AGAINST THE RELEASED PARTIES AND AGREE THAT NEITHER I, NOR MY ESTATE, HEIRS, ASSIGNS OR BENEFICIARIES NOR ANYONE ELSE ACTING ON MY BEHALF, WILL MAKE A CLAIM AGAINST THE RELEASED PARTIES FOR ANY INJURY, DAMAGE, DEATH, OR OTHER LOSS I MAY SUFFER; AND  PARTICIPANT SHALL PROTECT, DEFEND, INDEMNIFY, AND SAVE THE RELEASED PARTIES HARMLESS (“INDEMNIFY” MEANING PROTECT BY REIMBURSEMENT OR PAYMENT, INCLUDING ATTORNEY’S FEES AND EXPENSES) WITH RESPECT TO ANY AND ALL CLAIMS BROUGHT BY OR ON BEHALF OF ME, MY SPOUSE, A FAMILY MEMBER, A CO-PARTICIPANT, OR ANY OTHER PERSON, FOR ANY INJURY, DAMAGE, DEATH, LOST PROPERTY, STOLEN PROPERTY, DISPOSED PROPERTY, OR OTHER LOSS IN ANY WAY CONNECTED WITH THE RISKS OR MY ENROLLMENT OR PARTICIPATION IN THE EVENT OR THE ACTIVITIES, INCLUDING WITHOUT LIMITATION USE OF ANY EQUIPMENT, FACILITIES, OR PREMISES, WITHOUT LIMIT AND WITHOUT REGARD TO THE CAUSE OR CAUSES OR NEGLIGENCE, WHETHER PASSIVE OR ACTIVE, OF THE RELEASED PARTIES, AND/s for personal injury or wrongful death OR ANY BREACH BY THE RELEASED PARTIES OF ANY LEGAL DUTY. THIS RELEASE AND INDEMNITY SECTION INCLUDES BUT IS NOT LIMITED TO CLAIMS FOR PERSONAL INJURY OR WRONGFUL DEATH (including claimINCLUDING CLAIMS RELATED TO EMERGENCY, MEDICAL, DRUG, AND/s related to emergencyOR HEALTH ISSUES, medicalRESPONSE, drug and/or health issuesASSESSMENT, response, assessment or treatmentOR TREATMENT), property damagePROPERTY DAMAGE, loss of consortiumLOSS OF CONSORTIUM, breach of contract or any other claimBREACH OF CONTRACT, including claim/s resulting from the negligence of Released PartiesOR ANY OTHER CLAIM, whether passive or activeINCLUDING CLAIMS RESULTING FROM THE NEGLIGENCE OF RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE, RELATED TO THE EVENT OR THE ACTIVITIES.

Appears in 1 contract

Samples: Indemnity Agreement

Release and Indemnity. Please read carefullyPLEASE READ CAREFULLY. This Release and Indemnity section contains a surrender of certain legal rights. THIS RELEASE AND INDEMNITY SECTION CONTAINS A SURRENDER OF CERTAIN LEGAL RIGHTS, WHICH I hereby acknowledge and assume all of the risks of participating in the Event and agree as followsHEREBY ACKNOWLEDGE AND AGREE AS FOLLOWS: • To the extent permitted by law, to release and not to xxx Operator TO RELEASE AND NOT TO XXX Organizer, WTC, Triathlon Australia, any applicable federationfederation and/or race sanctioning body, Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteers, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors contractors, and representatives and all other persons or entities associated or involved with the activities (individually and collectively referred to in this Form Agreement as the “Released Parties”), with respect to any and all claims, liabilities, suits suits, or expenses (including attorneys’ fees and costs) (collectively referred to in this Form Agreement as “claimClaims” or “claim/sClaims”) for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with the Risks listed above or my enrollment or participation in the activities, including use of any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. I understand I agree here to waive all claim/s I may have against the Released Parties Event and agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss I may suffer. The aforementioned exclusion of liability shall not apply to damages caused by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me, my spouse, a family member, a co-participant or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activitiesActivities, including without limitation use of any equipment, facilities, or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. This Release and Indemnity section includes but is not limited to claimI UNDERSTAND I AGREE HERE TO WAIVE ALL CLAIMS I MAY HAVE AGAINST THE RELEASED PARTIES AND AGREE THAT NEITHER I, NOR MY ESTATE, HEIRS, ASSIGNS OR BENEFICIARIES NOR ANYONE ELSE ACTING ON MY BEHALF, WILL MAKE A CLAIM AGAINST THE RELEASED PARTIES FOR ANY INJURY, DAMAGE, DEATH, OR OTHER LOSS I MAY SUFFER; AND  PARTICIPANT SHALL PROTECT, DEFEND, INDEMNIFY, AND SAVE THE RELEASED PARTIES HARMLESS (“INDEMNIFY” MEANING PROTECT BY REIMBURSEMENT OR PAYMENT, INCLUDING ATTORNEY’S FEES AND EXPENSES) WITH RESPECT TO ANY AND ALL CLAIMS BROUGHT BY OR ON BEHALF OF ME, MY SPOUSE, A FAMILY MEMBER, A CO-PARTICIPANT, OR ANY OTHER PERSON, FOR ANY INJURY, DAMAGE, DEATH, LOST PROPERTY, STOLEN PROPERTY, DISPOSED PROPERTY, OR OTHER LOSS IN ANY WAY CONNECTED WITH THE RISKS OR MY ENROLLMENT OR PARTICIPATION IN THE EVENT OR THE ACTIVITIES, INCLUDING WITHOUT LIMITATION USE OF ANY EQUIPMENT, FACILITIES, OR PREMISES, WITHOUT LIMIT AND WITHOUT REGARD TO THE CAUSE OR CAUSES OR NEGLIGENCE, WHETHER PASSIVE OR ACTIVE, OF THE RELEASED PARTIES, AND/s for personal injury or wrongful death OR ANY BREACH BY THE RELEASED PARTIES OF ANY LEGAL DUTY. THIS RELEASE AND INDEMNITY SECTION INCLUDES BUT IS NOT LIMITED TO CLAIMS FOR PERSONAL INJURY OR WRONGFUL DEATH (including claimINCLUDING CLAIMS RELATED TO EMERGENCY, MEDICAL, DRUG, AND/s related to emergencyOR HEALTH ISSUES, medicalRESPONSE, drug and/or health issuesASSESSMENT, response, assessment or treatmentOR TREATMENT), property damagePROPERTY DAMAGE, loss of consortiumLOSS OF CONSORTIUM, breach of contract or any other claimBREACH OF CONTRACT, including claim/s resulting from the negligence of Released PartiesOR ANY OTHER CLAIM, whether passive or activeINCLUDING CLAIMS RESULTING FROM THE NEGLIGENCE OF RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE, RELATED TO THE EVENT OR THE ACTIVITIES, UNLESS OTHERWISE PRESCRIBED AND SPECIFIED BY THE CROATIAN LAW MANDATORY PROVISIONS.

Appears in 1 contract

Samples: cdn2.sportngin.com

Release and Indemnity. Please read carefullyPLEASE READ CAREFULLY. This Release and Indemnity section contains a surrender of certain legal rights. THIS RELEASE AND INDEMNITY SECTION CONTAINS A SURRENDER OF CERTAIN LEGAL RIGHTS, WHICH I hereby acknowledge and assume all of the risks of participating in the Event and agree as followsHEREBY ACKNOW LEDGE AND AGREE AS FOLLOWS: • To the extent permitted by lawTO RELEASE AND NOT TO SUE Organizer, to release and not to xxx Operator, World Triathlon Corporation (“WTC, Triathlon Australia”), any applicable federationrace federation and/or sanctioning body, Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteers, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors contractors, and representatives and all other persons or entities associated or involved with the activities (individually and collectively referred to in this Form Agreement as the “Released Parties”), with respect to any and all claims, liabilities, suits suits, or expenses (including attorneys’ fees and costs) (collectively referred to in this Form Agreement as “claimClaim” or “claim/sClaims”) for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with the Risks listed above or my enrollment or participation in the activities, including use of any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. I understand I agree here to waive all claim/s I may have against the Released Parties Event and agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss I may suffer. The aforementioned exclusion of liability shall not apply to damages caused by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me, my spouse, a family member, a co-participant or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activitiesActivities, including without limitation use of any equipment, facilities, or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. This Release and Indemnity section includes but is not limited to claimI UNDERSTAND I AGREE HERE TO WAIVE ALL CLAIMS I MAY HAVE AGAINST THE RELEASED PARTIES AND AGREE THAT NEITHER I, NOR MY ESTATE, HEIRS, ASSIGNS OR BENEFICIARIES NOR ANYONE ELSE ACTING ON MY BEHALF, WILL MAKE A CLAIM AGAINST THE RELEASED PARTIES FOR ANY INJURY, DAMAGE, OR OTHER LOSS, EXCEPT FOR CLAIMS FOR PERSONAL INJURY OR DEATH, I MAY SUFFER; AND • PARTICIPANT SHALL PROTECT, DEFEND, INDEMNIFY, AND SAVE THE RELEASED PARTIES HARMLESS (“INDEMNIFY” MEANING PROTECT BY REIMBURSEMENT OR PAYMENT, INCLUDING ATTORNEY’S FEES AND EXPENSES) WITH RESPECT TO ANY AND ALL CLAIMS BROUGHT BY OR ON BEHALF OF ME, MY SPOUSE, A FAMILY MEMBER, A CO-PARTICIPANT, OR ANY OTHER PERSON, FOR ANY INJURY, DAMAGE, DEATH, LOST PROPERTY, STOLEN PROPERTY, DISPOSED PROPERTY, OR OTHER LOSS IN ANY WAY CONNECTED WITH THE RISKS OR MY ENROLLMENT OR PARTICIPATION IN THE EVENT OR THE ACTIVITIES, INCLUDING WITHOUT LIMITATION USE OF ANY EQUIPMENT, FACILITIES, OR PREMISES, WITH LIMITATION TO ORDINARY NEGLIGENCE, WHETHER PASSIVE OR ACTIVE, OF THE RELEASED PARTIES. THIS RELEASE AND INDEMNITY SECTION INCLUDES CLAIM/s for personal injury or wrongful death S FOR PROPERTY DAMAGE, LOSS OF CONSORTIUM, BREACH OF CONTRACT OR ANY OTHER CLAIM, INCLUDING CLAIMS RESULTING FROM THE ORDINARY NEGLIGENCE OF RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. PERSONAL INJURY OR WRONGFUL DEATH (including claimINCLUDING CLAIMS RELATED TO EMERGENCY, MEDICAL, DRUG AND/s related to emergencyOR HEALTH ISSUES, medicalRESPONSE, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim, including claim/s resulting from the negligence of Released Parties, whether passive or activeASSESSMENT OR TREATMENT) ARE EXCLUDED FROM THIS RELEASE AND INDEMNITY.

Appears in 1 contract

Samples: cdn4.sportngin.com

Release and Indemnity. Please read carefully. This Release and Indemnity section contains a surrender of certain legal rights. If I hereby acknowledge and assume all am an adult participant or Parent (for myself and, to the maximum extent allowed by law, on behalf of the risks minor participant, my heirs, assigns, personal representatives and next of participating kin,) HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS THE Danbury Arena, their officers, officials, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used to conduct the event (“Releasees”), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, suffered by me or by the child, if applicable, arising in whole or part from my (or the Event and agree as follows: • To child’s) visit to the premises of the Activity or participation in any other offered activity, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. I agree for myself and on behalf of the minor participant NOT TO SUE and to INDEMNIFY, to release and not to xxx OperatorDEFEND, WTCAND HOLD HARMLESS, Triathlon AustraliaDANBURY ARENA, any applicable federationits managers, Event sponsorsmembers, Event organizersowners, Event promotersagents, Event producers, race directors, Event officialsattorneys, Event staff, advertisers, administrators, contractors, vendors, volunteers, and all property owners and statesuccessors, cityaffiliates, townheirs, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directorsinvestors, partners, board membersas well as Diamond Hospitality Group LLC, shareholdersDiamond Properties LLC, membersDP110 LLC, supervisorsand Diamond Property Management LLC, insurers, agents, employees, volunteers, contractors in law and representatives and all other persons or entities associated or involved with the activities (individually and collectively referred to in this Form as the “Released Parties”), with respect to equity against any and all claims, liabilities, suits or expenses (including attorneys’ fees and costs) (collectively referred to in this Form as “claim” actions of any kind, whatsoever, for liability, damages, compensation or “claim/s”) for any injury, damage, death, lost property, stolen property, disposed property, otherwise brought by me or other loss in any way connected with anyone on my enrollment or participation in the activitiesbehalf, including use attorney’s fees, costs of defense, and any equipmentrelated costs , facilities if litigation or premises, howsoever caused; negligence, whether passive the threat of litigation arises pursuant to any claims made by me or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. I understand I agree here to waive all claim/s I may have against the Released Parties and agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss I may suffer. The aforementioned exclusion of liability shall not apply to damages caused by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by behalf or on behalf of me, the minor participant. If I make any such claim or any such claim is made by someone on my spouse, a family member, a co-behalf or on behalf of the minor participant or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or as a consequence of the minor participant’s participation in activities on the activitiesDANBURY ARENA, including without limitation use I agree for myself and on behalf of the minor participant to reimburse all such costs and liability to the person or entity who incurs such costs or liability from such suits, claims, demands or actions of any equipment, facilities, kind. These agreements of release and indemnity include loss or premises, howsoever caused; negligence, whether passive damages caused or active, of the Released Parties; and/or any breach claimed to be caused in whole or in party by the Released Parties of statutory duty. This Release and Indemnity section includes but is not limited to claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim, including claim/s resulting from the negligence of a Released PartiesParty, whether passive but not intentional wrongs or activethe gross negligence of a Released Party. In the event that any damage to equipment or facilities occurs as a result of my or the minor participant’s willful actions, neglect, or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.

Appears in 1 contract

Samples: danburyice.com

Release and Indemnity. Please read carefully. This Release and Indemnity section contains a surrender of certain legal rights. I hereby acknowledge and assume all of the risks of participating in the Event and agree as follows: • To the extent permitted by law, to release and not to xxx Operator, sue World Triathlon Corporation (“WTC, Triathlon Australia”), any applicable federationfederation and/or race sanctioning body, Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, property owners, volunteers, administrators, contractors, vendors, volunteers, all other persons or entities involved with the Event, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where in which the activities Event or segments of the Event take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors and contractors, representatives and all other persons or entities associated or involved with the activities (individually and collectively referred to in this Form as the “Released Parties”), with respect to any and all claims, liabilities, suits or expenses (including attorneys’ fees and costs) (collectively referred to in this Form as “claim” or “claim/s”) for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activities, including use of any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. I understand I agree here to waive all claim/s I may have against the Released Parties and agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss I may suffer. The aforementioned exclusion of liability ; the same release and indemnification-related rights shall not apply be applicable to damages caused IMAG to the extent permitted by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of OperatorSwiss law; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me, my spouse, a family member, a co-participant or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activities, including without limitation breach or failure to abide by any part of this Form; my breach or failure to abide by any of the Event’s rules (including those available at the Event website xxx.xxxxx-xxxx.xxx), any applicable race sanctioning body’s competitive rules, IMAG’s Race Rules, and information in the Rider Manual; my actions or inactions which cause injury or damage to any other person; use of any equipment, facilities, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. This Release and Indemnity section includes but is not limited to claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim, including claim/s resulting from the negligence of Released Parties, whether passive or active.

Appears in 1 contract

Samples: Release and Indemnity Agreement

Release and Indemnity. Please read carefully. This Release Licensee releases and Indemnity section contains a surrender of certain legal rights. I hereby acknowledge shall defend, indemnify and assume all of hold harmless the risks of participating in the Event Town, its successors and agree as follows: • To the extent permitted by law, to release and not to xxx Operator, WTC, Triathlon Australia, any applicable federation, Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteersassigns, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agentselected officials, employees, volunteers, contractors and representatives and all other persons or entities associated or involved with agents of the activities Town (individually and collectively referred to in this Form as the “Released PartiesIndemnitees), with respect to ) from any and all claims, losses, costs, liabilities, suits or damages and expenses (including including, but not limited to, reasonable attorneys’ fees and costsfees) (collectively referred arising out of or in connection with any of Licensee’s Attachments of Communication Facilities to in this Form as “claim” Poles, Licensee’s performance of any work or “claim/s”) for installation or maintenance of its Communications Facilities, the operation of any injury, damage, death, lost property, stolen property, disposed propertyof Licensee’s Communications Facilities or Communications Service, or other loss Licensee’s system, or the acts or omissions of Licensee or any of its suppliers or contractors of any tier, the respective successors and assigns of Licensee or any such suppliers or contractors, the directors, officers, employees and agents of each of the foregoing, or anyone acting on Licensee’s behalf in connection with said Attachments of Communication Facilities to Poles, Licensee’s performance of any way connected with my enrollment work or participation in installation or maintenance of its Communications Facilities, the activitiesoperation of any of Licensee’s Communications Facilities or Communications Service, or Licensee’s system, unless caused by the negligence or intentional acts of the Indemnitees. Such indemnity, protection and hold harmless shall include any demand, claim, suit or judgment for damages to property or injury to or death of persons, including officers, agents, and employees of either Party hereto including payment made under or in connection with any Worker’s Compensation Law or under any plan for employees’ disability or death benefits, which may arise out of or be caused or contributed to by the erection, maintenance, presence, use or removal of any equipment, facilities Licensee's Attachments or premises, howsoever caused; negligence, whether passive Communications Facilities or active, by the proximity of the Released Parties; and/or respective cables, wires, apparatus and appliances of Licensee including any breach by claims or demands of customers of the Released Parties of statutory duty. I understand I agree here to waive all claim/s I may have against the Released Parties and agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss I may sufferLicensee with respect thereto. The aforementioned exclusion of liability Town shall not apply be liable to damages caused by willful misconduct the Licensee or to the Licensee’s customers, and gross negligence by Operator the Licensee hereby indemnifies, protects and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) saves harmless the Released Parties with respect to Town against any and all claim/s brought such claims or demands, suit or judgment for loss, liability, damages and expense by or on behalf of me, my spouse, a family member, a co-participant or any other personthe Licensee’s customers, for any injury, damage, death, lost property, stolen property, disposed propertyinterruption to the service of the Licensee, or other loss in any way connected for interference with my enrollment or participation in the activitiesoperation of the cables, including without limitation use wires, and appliances of any equipment, facilitiesthe Licensee, or premises, howsoever caused; negligence, whether passive or active, for interference with the operation of the Released Parties; and/or any breach cables, wires, and appliances of the Licensee unless caused by the Released Parties negligence or intentional acts of statutory dutythe Town. This Release The Town is willing to permit Attachments to Poles for the fees described in this Agreement only in consideration of and Indemnity section includes but is not limited in reliance upon such release, indemnity and hold harmless. The Licensee’s obligation to claim/s for personal injury or wrongful death (including claim/s related indemnify pursuant to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss this Paragraph 16.3 shall survive the termination of consortium, breach of contract or any other claim, including claim/s resulting from the negligence of Released Parties, whether passive or activethis Agreement.

Appears in 1 contract

Samples: Pole Attachment License Agreement

Release and Indemnity. Please read carefullyContractor understands that providing services for the District involves inherent risk, which could result in property damage, illness and/or bodily injury (up to and including death), and which includes risk of exposure to and infection by the novel coronavirus, COVID-19. This Release Contractor understands that exposure and Indemnity section contains a surrender infection can result from the actions and/or omissions of certain legal rights. I hereby acknowledge and assume all Contractor, members of the risks of participating public, and District employees, agents and contractors, and that infection could result in illness, bodily injury, permanent disability and/or death. Although the Event District has implemented preventive measures, such as participant screening, social distancing and agree as follows: • To the extent permitted by lawsanitizing surfaces, to release reduce the spread of COVID-19, risk of exposure and infection cannot to xxx Operatorbe eliminated entirely. In and for good and valuable consideration, WTC, Triathlon Australia, any applicable federation, Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteers, Contractor hereby (i) assumes the risk and all property owners responsibility for Contractor’s health and statesafety when providing services for the District; (ii) waives and forever releases the District and its employees, city, town, county, agents and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or contractors from any and all claims (including those for illness and bodily injury) arising out of or relating in any way assist in locations where whatsoever to Contractor’s provision of services for the activities take placeDistrict, even though said claims may arise out of the negligence of the District and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, its employees, volunteersagents and contractors; (iii) limits the District’s liability to the limits of the District’s insurance policy if the foregoing waiver and release is adjudged to be unenforceable; (iv) agrees to defend, indemnify and hold the District and its employees, agents and contractors harmless from and representatives and all other persons or entities associated or involved with the activities (individually and collectively referred to in this Form as the “Released Parties”), with respect to against any and all claimsclaims (including those for illness and bodily injury), liabilitiesdamages, suits or liabilities and expenses (including attorneys’ fees attorney fees) arising out of or relating in any whatsoever to Contractor’s provision of services for the District and/or Contractor’s breach of this Agreement; and costs(v) agrees to notify the District immediately if Contractor (collectively referred or any of its employees, volunteers or other agents) tests positive for COVID-19, has been exposed or potentially exposed to in this Form as “claim” or “claim/s”) for any injury, damage, death, lost property, stolen property, disposed propertyCOVID-19, or other is experiencing symptoms associated with COVID-19, including, without limitation, fever, shortness of breath, cough, and loss in any way connected with my enrollment of taste or participation in the activities, including use of any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. I understand I agree here to waive all claim/s I may have against the Released Parties and agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss I may suffer. The aforementioned exclusion of liability shall not apply to damages caused by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me, my spouse, a family member, a co-participant or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activities, including without limitation use of any equipment, facilities, or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory dutysmell. This Release Section 13 shall survive the termination of this Agreement and Indemnity section includes but is not limited to claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim, including claim/s resulting from the negligence of Released Parties, whether passive or activebe fully applicable and enforceable thereafter.

Appears in 1 contract

Samples: Recreation Contractor Service Agreement

Release and Indemnity. Please read carefully. This Release and Indemnity section contains a surrender Sublessee agrees that Sublessor shall not be liable for any loss or damage to any property of certain legal rights. I hereby acknowledge and assume all any persons (including property of the risks of participating in the Event and agree as follows: • To the extent permitted by lawSublessee, to release and not to xxx Operator, WTC, Triathlon Australia, any applicable federation, Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteers, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, its officers, directors, partners, board members, shareholders, members, supervisors, insurersemployees, agents, employeescustomers, volunteersconcessionaires, vendors, contractors and representatives and all other persons or entities associated or involved with the activities (individually and collectively referred to in this Form as the “Released Parties”invitees), with respect occasioned by theft, fire, acts of God, or any governmental body or authority, injunction, riot, war, other tenants of the Subleased Premises or the premises of which the Subleased Premises are a part, or any damage or inconvenience which may arise through repair, or alteration of the Subleased Premises, or failure to any and all claimsmake repairs in a timely manner, liabilitiesor the unavailability of utilities, suits or expenses (including attorneys’ fees and costs) (collectively referred to in this Form as “claim” or “claim/s”) for any injuryother cause, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in except to the activities, including use of any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach extent caused by the Released Parties gross negligence or willful misconduct of statutory duty. I understand I agree here to waive all claim/s I may have against Sublessor or the Released Parties and agree respective Prime Lessor, it being agreed that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss I may suffer. The aforementioned exclusion of liability this release shall not apply to damages caused by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me, my spouse, a family member, a co-participant or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activities, including without limitation use of any equipment, facilities, or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. This Release and Indemnity section includes but is not limited to claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim, including claim/s claims resulting from the negligence of Released PartiesSublessor or such Prime Lessor. Sublessor agrees that any waivers of claims for property damage contained in the respective Prime Agreement made by the Prime Lessor thereunder shall inure to the benefit of Sublessee to the extent permitted by the applicable Prime Agreement and applicable law. Indemnity Anything in this Agreement to the contrary notwithstanding, whether passive and without limiting Sublessee’s obligation to provide insurance pursuant to Article 12 hereunder, Sublessee covenants and agrees that it shall indemnify, defend and save harmless Sublessor, its affiliates (other than Sublessee), any affected Prime Lessor, and their respective directors, officers, employees, agents, successors and assigns (“Indemnitees”), from and against all liabilities, losses, damages, penalties, claims, costs, charges and expenses, causes of action and judgments of any nature whatsoever, including without limitation reasonable attorney's fees, costs and related expenses that may be imposed upon or active.incurred by the Indemnitees by reason or arising out of any of the following, except if caused by the negligence or willful misconduct of any such Indemnitee (it being acknowledged, however, that if the indemnification obligations of Sublessor under the respective Prime Agreement requires Sublessor to indemnify such Prime Lessor (or other parties therein identified) Sublessee shall be required to indemnify such Prime Lessor and other identified parties to the same extent; and that such indemnification duties may apply even where an Indemnitee under the applicable Prime Agreement is negligent or otherwise at fault):

Appears in 1 contract

Samples: Capacity Purchase Agreement (Expressjet Holdings Inc)

Release and Indemnity. Please read carefully. This Release and Indemnity section contains a surrender As material consideration to Landlord, Tenant agrees that, except to the extent resulting from the gross negligence or willful misconduct of certain legal rights. I hereby acknowledge and assume all any of the risks Landlord Indemnified Parties (as hereinafter defined) and not covered by the insurance carried by Tenant or otherwise required to be carried by Tenant pursuant to the terms of participating this Lease, Landlord, its agents, successors-in-interest with respect to the Premises and their respective directors, officers, partners, members, employees, shareholders, agents and representatives and the directors, officers, partners, members, employees, shareholders, agents and representatives of the partners or members of Landlord (collectively, the "Landlord Indemnified Parties") shall not be liable to Tenant, its agents, employees, invitees, licensees and other persons claiming under Tenant for: (i) any damage to any property entrusted to employees of the Premises, Landlord or the Landlord Indemnified Parties, (ii) loss or damage to any property by theft or otherwise, (iii) consequential damages arising out of any loss of the use of the Premises or any equipment or facilities therein, or (iv) any injury or damage to person or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Premises or from pipes, appliances or plumbing work therein or from the roof, street, sub-surface or from any other place or resulting from dampness or any other causes whatsoever. Landlord and/or the Landlord Indemnified Parties shall not be liable for interference with light or other incorporeal hereditaments, nor shall Landlord or the Landlord Indemnified Parties be liable for any latent defects in the Event Premises (except during the first two (2) years of the Lease Term as expressly provided in this Lease). Tenant shall give prompt notice to Landlord in case of fire or accidents in the Premises and agree as follows: • of defects therein or in the fixtures or equipment located therein. To the fullest extent permitted by law, Tenant agrees to release indemnify, defend (with counsel reasonably satisfactory to Landlord) and not to xxx Operatorhold harmless Landlord and the Landlord Indemnified Parties from (i) all claims, WTCactions, Triathlon Australialiabilities, and proceedings arising from Tenant's use of the Premises or the conduct of its business or from any applicable federationactivity, Event sponsorswork or thing done, Event organizerspermitted or suffered by Tenant, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administratorsits agents, contractors, vendorssublessees, volunteersemployees or invitees, in or about the Premises and any breach or default in the performance of any obligation to be performed by Tenant under the terms of this Lease, or arising from any act, neglect, fault or omission of Tenant, or of its agents, contractors, employees or invitees, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in (ii) any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors and representatives and all other persons or entities associated or involved with the activities (individually reasonable costs, attorneys' fees, expenses and collectively referred to in this Form as the “Released Parties”), liabilities incurred with respect to any such claims, actions, liabilities, or proceedings, and in the event any actions or proceedings shall be brought against Landlord by reason of such claims, Tenant, upon written notice from Landlord, shall defend the same at Tenant's expense by counsel reasonably approved in writing by Landlord. Except as to damage or injury resulting from the gross negligence or willful misconduct of any of the Landlord Indemnified Parties and not covered by the insurance carried by Tenant or otherwise required to be carried by Tenant pursuant to the terms of this Lease, Tenant hereby assumes all risk of damage to property or injury to person in, upon or about the Premises from any cause whatsoever, and Tenant hereby waives all its claims in respect thereof against Landlord except where caused by the gross negligence or willful misconduct of any of the Landlord Indemnified Parties and not covered by the insurance carried by Tenant or otherwise required to be carried by Tenant pursuant to the terms of this Lease. To the fullest extent permitted by law, Landlord agrees to indemnify, defend (with counsel reasonably satisfactory to Tenant) and hold harmless Tenant and the Tenant Parties from (i) all claims, actions, liabilities, suits and proceedings arising from any breach or expenses (including attorneys’ fees and costs) (collectively referred default in the performance of any obligation to in be performed by Landlord under the terms of this Form as “claim” or “claim/s”) for any injury, damage, death, lost property, stolen property, disposed propertyLease, or other loss in arising from any way connected with my enrollment gross negligence or participation in the activities, including use willful misconduct of any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Landlord Indemnified Parties; and/or , and (ii) any breach by the Released Parties of statutory duty. I understand I agree here to waive and all claim/s I may have against the Released Parties reasonable costs, attorneys' fees, expenses and agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss I may suffer. The aforementioned exclusion of liability shall not apply to damages caused by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties liabilities incurred with respect to any such claims, actions, liabilities, or proceedings, and in the event any actions or proceedings shall be brought against Tenant by reason of such claims, Landlord, upon written notice from Tenant, shall defend the same at Landlord's expense by counsel reasonably approved in writing by Tenant. As used herein, the term "liabilities" shall include all suits, actions, claims and demands and all claim/s expenses (including reasonable attorneys' fees and costs of defense) incurred in or about any such liability and any action or proceeding brought by or on behalf of me, my spouse, a family member, a co-participant thereon. If any claim shall be made or any other person, for any injury, damage, death, lost property, stolen property, disposed property, action or other loss in any way connected with my enrollment or participation in proceeding brought against the activities, including without limitation use indemnified party on the basis of any equipmentliability described in this Paragraph 15, facilitiesthe indemnifying party shall, or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. This Release and Indemnity section includes but is not limited to claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim, including claim/s resulting upon notice from the negligence of Released Partiesindemnified party, whether passive or activedefend the same at the indemnifying party's expense by counsel reasonably satisfactory to the indemnified party. It is understood that payment shall not be a condition precedent to recovery upon the foregoing indemnity.

Appears in 1 contract

Samples: Industrial Lease (Deckers Outdoor Corp)

Release and Indemnity. Please read carefully. This Release and Indemnity section contains a surrender of certain legal rights. I hereby acknowledge and assume all of the risks of participating in the Event and agree as follows: • To the extent permitted by law, to release and not to xxx Operator, sue World Triathlon Corporation (“WTC, Triathlon Australia”), any applicable federationfederation and/or race sanctioning body, Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteers, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors and representatives and all other persons or entities associated or involved with the activities (individually and collectively referred to in this Form as the “Released Parties”), with respect to any and all claims, liabilities, suits or expenses (including attorneys’ fees and costs) (collectively referred to in this Form as “claim” or “claim/s”) for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activities, including use of any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. I understand I agree here to waive all claim/s I may have against the Released Parties and agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss I may suffer. The aforementioned exclusion of liability ; the same release and indemnification-related rights shall not apply be applicable to damages caused IRONMAN to the extent permitted by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of OperatorSwiss law; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me, my spouse, a family member, a co-participant or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activities, including without limitation use of any equipment, facilities, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. This Release and Indemnity section includes but is not limited to claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim, including claim/s resulting from the negligence of Released Parties, whether passive or active.

Appears in 1 contract

Samples: cdn2.sportngin.com

Release and Indemnity. Please read Parts A and B carefully. This Release and Indemnity section contains a surrender of certain legal rights. Part A: To the extent allowed by applicable law, I hereby acknowledge and assume all of (the risks of participating in the Event and minor participant’s parent) for myself, agree as follows: • To the extent permitted by law, to release and not to xxx Operator, WTC, Triathlon Australia, any applicable federationIRONKIDS, Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteers, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors and representatives and all other persons or entities associated or involved with the activities (individually and collectively referred to in this Form as the "Released Parties"), with respect to any and all claims, liabilities, suits or expenses (including attorneys’ fees and costs) (collectively referred to in this Form as “claim” or “claim/s”) that I may have, for any injury, damage, death, lost property, stolen property, disposed property, death or other loss in any way connected with my child’s enrollment or participation in and/or assistance with the activities, including use of and/or assistance with any equipment, facilities or premises, howsoever caused; negligence, whether passive premises (and losses resulting from the inherent or active, other risks of the Released Parties; and/or any breach by the Released Parties of statutory dutyactivities). I understand I agree here to waive all claim/s I may have (for myself) against the Released Parties and agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any loss I may suffer, if I or my child suffers injury, damage, death or other loss I may suffer. The aforementioned exclusion of liability shall not apply loss; to damages caused by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me, my spouse, a participating child or other family member/s, a co-participant or any other person, for any injury, damage, death, lost property, and/or stolen property, disposed property, property or other loss in any way connected with my child’s enrollment or participation in and/or assistance with the activities, including without limitation use of and/or assistance with any equipment, facilities, facilities or premises, howsoever caused; negligence, whether passive premises (and losses resulting from the inherent or active, other risks of the Released Parties; and/or any breach by the Released Parties of statutory dutyactivities). This Release and Indemnity section Part A includes claim/s resulting from any of the Released Parties’ negligence (but is not limited to any of their intentional misconduct), and includes claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim. The aforementioned exclusion of liability shall not apply to damages caused by wilful misconduct and gross negligence by the event organizer or a legal representative of the event organizer and to injuries to life, including claim/s resulting from body or health due to gross negligent breach of duty by the negligence event organizer or intentional or gross negligent breach of Released Parties, whether passive duty by a representative of the event organizer or activea person used to perform an obligation of the event organizer.

Appears in 1 contract

Samples: cdn4.sportngin.com

Release and Indemnity. Please read carefully. This Release For the purpose of this clause VNZ shall mean and Indemnity section contains a surrender of certain legal rightsinclude VNZ, its Members, Board Members, any independent contractors from time to time employed by VNZ or any volunteer carrying out honorary or unpaid duties for VNZ. I expressly agree that VNZ shall not in any circumstances whatsoever be under any liability whatsoever to me for any loss, damage or injury of whatsoever kind arising directly or indirectly and connected with my membership with the team, my participation in the 2018 BEACH VOLLEYBALL UNDER 19 WORLD CHAMPIONSHIPS, and disciplinary action taken against or directed at me by VNZ and hereby indemnified and will at all times hereafter and well and sufficiently indemnify and keep indemnified VNZ from and against all actions, suits, causes of actions proceedings, claims, demands, costs with or rising out of any such loss, damage or injury and hereby (without obligation upon VNZ to do so) that VNZ may act as my agent in incurring such expenses as and/or doing whatsoever is reasonably necessary for the benefit of me in connection with or rising out of such loss, damage or injury. I acknowledge and assume agree that in entering into this Agreement and in particular but without limiting the generality therefore, for the purpose of this clause VNZ is, and shall be deemed to be, acting as agent and trustee on behalf of and for the benefit of all persons, and bodies, corporate and unincorporated who are or might be its members and executives, officials, servant or agents including the officials, coaches, medical practitioners, sports scientists, trainers and members of the risks of participating team and any independent contractor from time to time and voluntary, honorary and unpaid workers as mentioned in the Event and agree as follows: • To the extent permitted by law, to release and not to xxx Operator, WTC, Triathlon Australia, any applicable federation, Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteersthis clause, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors and representatives and all other such persons shall to that extent be or entities associated or involved with the activities (individually and collectively referred be deemed to in be parties to this Form as the “Released Parties”), with respect to any and all claims, liabilities, suits or expenses (including attorneys’ fees and costs) (collectively referred to in this Form as “claim” or “claim/s”) for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activities, including use of any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. I understand I agree here to waive all claim/s I may have against the Released Parties and agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss I may suffer. The aforementioned exclusion of liability shall not apply to damages caused by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me, my spouse, a family member, a co-participant or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activities, including without limitation use of any equipment, facilities, or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. This Release and Indemnity section includes but is not limited to claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim, including claim/s resulting from the negligence of Released Parties, whether passive or activeAgreement.

Appears in 1 contract

Samples: Player’s Agreement

Release and Indemnity. Please read carefully. This Release As material consideration to Landlord, Tenant agrees that Landlord, its agents, and Indemnity section contains a surrender of certain legal rights. I hereby acknowledge its employees shall not be liable to Tenant, its agents, employees, sublessee, invitees, licensees and assume all other persons claiming under Tenant for; (i) any damage to any property entrusted to employees of the risks Project, (ii) loss or damage to any property by theft or otherwise, (iii) consequential damages arising out of participating any loss of the use of the Premises or any equipment or facilities therein; or (iv) any injury or damage to person or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the PREMISES from pipes, appliances or plumbing work therein or from the roof, street, sub-surface or from any other place or resulting from dampness or any other cause whatsoever. Landlord or its agents shall not be liable for interference with light or other incorporeal hereditaments, nor shall Landlord be liable for any latent defects in the Event Premises or the Project. Tenant shall give prompt notice to Landlord in case of fire or accidents in the Premises or in the Project, and agree as follows: • of defects therein or in the fixtures or equipment located therein. To the fullest extent permitted by law, Tenant agrees to release indemnify, defect (with counsel reasonably satisfactory to Landlord) and not hold harmless Landlord, its agents, successors in interest with respect to xxx Operator, WTC, Triathlon Australia, any applicable federation, Event sponsors, Event organizers, Event promoters, Event producers, race the Building and their directors, Event officialsofficers, Event staffpartners, advertisersemployees, administratorsshareholders, agents and representatives and the directors, officers, partners, employees, shareholders, agents and representatives of the partners of Landlord from (i) all claims, actions, liabilities, and proceedings arising from Tenant's use of the Premises or the conduct of its business or from any activity, work or thing done, permitted or suffered by Tenant, its agents, contractors, vendorssublessees, volunteersemployees or invitees, in or about the Premises, the Building, or the Project and any breach or default in the performance of any obligation to be performed by Tenant under the terms of this Lease, or arising from any at, neglect, fault or omission of Tenant, or of its agents, contractors, sublessees, employees or invitees, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in (ii) any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors and representatives and all other persons or entities associated or involved with the activities (individually costs, attorneys' fees, expenses and collectively referred to in this Form as the “Released Parties”), liabilities incurred with respect to any and all such claims, actions, liabilities, suits or expenses (including attorneys’ fees proceedings, and costs) (collectively referred to in this Form as “claim” or “claim/s”) for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activities, including use event any actions or proceedings shall be brought against Landlord by reason of any equipmentsuch claims. Tenant, facilities upon notice from Landlord, shall defend the same at Tenant's expense by counsel approved in writing by Landlord. Tenant hereby assumes all risk of damage to property or premisesinjury to person in, howsoever caused; negligence, whether passive upon or active, about the Premises from any cause whatsoever except that which is caused by the failure of Landlord to observe any of the Released Parties; and/or any breach by the Released Parties terms and conditions of statutory duty. I understand I agree here to waive all claim/s I may have this Lease where such failure has persisted for an unreasonable period of time after Landlord receives written notice of such, and Tenant hereby waives al its claims in respect thereof against the Released Parties and agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss I may suffer. The aforementioned exclusion of liability shall not apply to damages caused by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me, my spouse, a family member, a co-participant or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activities, including without limitation use of any equipment, facilities, or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. This Release and Indemnity section includes but is not limited to claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim, including claim/s resulting from the negligence of Released Parties, whether passive or activeLandlord.

Appears in 1 contract

Samples: Global Directmail Corp

Release and Indemnity. Please read carefully. This Release and Indemnity section contains a surrender of certain legal rights. I hereby acknowledge and assume all of In consideration for the risks of participating in the Event and agree as follows: • To the extent permitted services provided by law, to release and not to xxx Operator, WTC, Triathlon Australia, any applicable federation, Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteersAdventure Shreveport, and all property owners my desire to spectate and state, city, town, countyparticipate in those services provided by Adventure Shreveport, and other governmental bodiesits individual members, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officersmanagers, directors, partners, board members, shareholders, members, supervisors, insurersofficers, agents, employees, volunteers, contractors and representatives, servants, predecessors, successors, assigns, affiliated entities, heirs, personal representatives and all other persons persons, firms or entities associated claim by or involved with the activities (individually and collectively referred to in this Form through them are hereinafter known as the “Released Parties;” I, (print name), with respect to any and all claimson behalf of myself, liabilitiesmy spouse, suits child / grandchild or expenses (including attorneys’ fees and costs) (collectively referred to in this Form as “claim” or “claim/s”) for any injury, damage, death, lost property, stolen property, disposed propertychildren / grandchildren, or other loss Minor Child for whom I have been appointed guardian, my parent(s), my heirs, assigns, personal representative and estate hereby acknowledge and agree: To use the premises and facilities and equipment in a safe and responsible manner; To watch any Patron Education Video prior to participation in any way connected with activity at Adventure Shreveport; To abide by all posted rules and instructions as well as the directions of Adventure Shreveport employees and representatives, whereby I acknowledge that (i) those rules, instructions and directions are intended to promote the safety of both myself and others; (ii) my enrollment failure or participation in refusal to abide by those rules, instructions and directions can lead to the activities, including use immediate revocation of any equipment, facilities my right to spectate or participate on the facility or premises, howsoever causedwithout any right to refund of any payments made; negligenceand (iii) in the event of sickness, whether passive accident or activeinjury, of the Released Parties; and/or any breach by the Released Parties of statutory duty. I understand I agree here authorize Adventure Shreveport employees to waive all claim/s I may have against the Released Parties and agree that neither Iobtain, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make emergency medical treatment and to secure such medical treatment at my expense; to voluntarily, fully and forever waive, release, discharge and covenant not to sue Adventure Shreveport and all Released Parties from any and all acts committed or omitted, claims, rights, actions, causes of actions, demands, judgments, damages (including compensatory, general, special, consequential, exemplary and punitive, as well as attorney fees), liability or obligations of any nature or kind, whether in law or in equity, whether known at the time I leave the facility or premises or which may arise or become known later, which accrue on account of, or in any way arise out of or in connection with: (1) my / Minor Child activities within the premises or facilities/Park; (2) the activities within the park by others; (3) the operation of the park by Adventure Shreveport; (4) my / Minor Child’s use of any and all of the park facility; and (5) my / Minor Child’s use of any and all equipment within the park, whether owned by me, Adventure Shreveport or third party. This waiver, release and discharge is intended to be a claim against complete release of any and all responsibility or duties owed by Adventure Shreveport and the Released Parties for any injury, damageas indemnitees from personal injuries, death and/or property law/damages sustained by myself or other loss I may suffer. The aforementioned exclusion of liability shall not apply to damages caused by willful misconduct and gross negligence by Operator and to injuries to lifeany minor child while on the Adventure Shreveport premises, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by Adventure Shreveport equipment, whether or not the negligence and/or legal fault of Adventure Shreveport results from improper supervision, improper maintenance of equipment on behalf of me, my spouse, a family member, a co-participant the premises or any other person, for any injury, damage, death, lost property, stolen property, disposed property, third party or other loss in any way connected with my enrollment or participation in the activities, including without limitation use of any equipment, facilities, or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. This Release and Indemnity section includes but is not limited to claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim, including claim/s resulting from the negligence of Released Parties, whether passive or activeguest.

Appears in 1 contract

Samples: Release and Assumption of Risk Agreement

Release and Indemnity. Please read carefully. This Release As material consideration to Landlord, Xxxxxx agrees that Landlord and Indemnity section contains a surrender of certain legal rights. I hereby acknowledge its agents and assume all employees shall not be liable to Tenant, its agents, employees, invitees, licensees and other persons claiming under Tenant for: (i) any damage to any property entrusted to employees of the risks Project, (ii) loss or damage to any property by theft or otherwise, (iii) consequential damages arising out of participating any loss of the use of the Premises or any equipment or facilities therein; or (iv) any injury or damage to person or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Project or from pipes, appliances or plumbing work therein or from the roof, street, sub-surface or from any other place or resulting from dampness or any other cause whatsoever unless caused by the gross negligence or willful misconduct of Landlord and its employees or agents. Landlord or its agents shall not be liable for interference with light or other corrosive hereditaments, nor shall Landlord be liable for any latest defects in the Event Premises or the Project. Tenant shall give prompt notice to Landlord in case of fire or accidents in the Premises or in the Project, and agree as follows: • of defects therein or in the fixtures or equipment located therein. To the fullest extent permitted by law, Xxxxxx agrees to release indemnity, defend (with counsel satisfactory to Landlord) and not hold harmless Landlord, its agents, successors in interest with respect to xxx Operator, WTC, Triathlon Australia, any applicable federation, Event sponsors, Event organizers, Event promoters, Event producers, race the Building and their directors, Event officialsofficers, Event staffpartners, advertisersemployees, administratorsshareholders, agents and representatives and the directors, officers, partners, employees, shareholders, agents and representatives of the partners of Landlord from (i) all claims, actions, liabilities, and proceedings arising from Tenant’s use of the Premises or the conduct of its business or from any activity, work or thing done, permitted or suffered by Tenant, its agents, contractors, vendorsemployees or invitees, volunteersin or about the Premises, the Building, or the Project and any breach or default in the performance of any obligation to be performed by Tenant under the terms of this Lease, or arising from any act, neglect, fault or omission of Tenant, or of its agents, contractors, employees or invitees, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in (ii) any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors and representatives and all other persons or entities associated or involved with the activities (individually costs, attorneys’ fees, expenses and collectively referred to in this Form as the “Released Parties”), liabilities incurred with respect to any and all such claims, actions, liabilities, suits or proceedings, and in the event any actions or proceedings shall be brought against Landlord by reason of any such claims. Tenant, upon notice from Landlord, shall defend the same at Tenant’s expense by counsel approved in writing by Landlord unless caused by the gross negligence or willful misconduct of Landlord or its employees or agents. Tenant hereby assumes all risk of damage to property or injury to person in, upon or about the Premises from any cause whatsoever except that which is caused by the failure of Landlord to observe any of the terms and conditions of this Lease where such failure has persisted for an unreasonable period of time after Landlord receives written notice of such and Tenant hereby waives all its claims in respect thereof against Landlord. As used herein, the term “liabilities” shall include all suits, actions, claims and demands and all expenses (including attorneys’ fees and costscosts of defense) (collectively referred to incurred in or about any such liability and any action or proceeding brought thereon. If any claim shall be made or any action or proceeding brought against Landlord on the basis of any liability described in this Form as “claim” or “claim/s”) for any injuryParagraph, damageTenant shall, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in upon notice from Landlord defend the activities, including use of any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach same at Tenant’s expense by the Released Parties of statutory dutycounsel reasonably satisfactory to Landlord. I understand I agree here to waive all claim/s I may have against the Released Parties and agree It is understood that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss I may suffer. The aforementioned exclusion of liability payment shall not apply be a condition precedent to damages caused by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) recovery upon the Released Parties with respect to any and all claim/s brought by or on behalf of me, my spouse, a family member, a co-participant or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activities, including without limitation use of any equipment, facilities, or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory dutyforegoing indemnity. This Release and Indemnity section includes but is not limited to claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim, including claim/s resulting from the negligence of Released Parties, whether passive or active.* See Addendum Paragraph 12

Appears in 1 contract

Samples: Office Lease (Placer Sierra Bancshares)

Release and Indemnity. Please read Parts A and B carefully. This Release and Indemnity section contains a surrender of certain legal rights. Part A: To the extent allowed by applicable law, I hereby acknowledge and assume all of (the risks of participating in the Event and minor participant’s parent) for myself, agree as follows: • To the extent permitted by law, to release and not to xxx Operator, WTC, Triathlon Australia, any applicable federationsue IRONKIDS, Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteers, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors and representatives and all other persons or entities associated or involved with the activities (individually and collectively referred to in this Form as the "Released Parties"), with respect to any and all claims, liabilities, suits or expenses (including attorneys’ fees and costs) (collectively referred to in this Form as “claim” or “claim/s”) that I may have, for any injury, damage, death, lost property, stolen property, disposed property, death or other loss in any way connected with my child’s enrollment or participation in and/or assistance with the activities, including use of and/or assistance with any equipment, facilities or premises, howsoever caused; negligence, whether passive premises (and losses resulting from the inherent or active, other risks of the Released Parties; and/or any breach by the Released Parties of statutory dutyactivities). I understand I agree here to waive all claim/s I may have (for myself) against the Released Parties and agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any loss I may suffer, if I or my child suffers injury, damage, death or other loss I may suffer. The aforementioned exclusion of liability shall not apply loss; to damages caused by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me, my spouse, a participating child or other family member/s, a co-participant or any other person, for any injury, damage, death, lost property, and/or stolen property, disposed property, property or other loss in any way connected with my child’s enrollment or participation in and/or assistance with the activities, including without limitation use of and/or assistance with any equipment, facilities, facilities or premises, howsoever caused; negligence, whether passive premises (and losses resulting from the inherent or active, other risks of the Released Parties; and/or any breach by the Released Parties of statutory dutyactivities). This Release and Indemnity section Part A includes claim/s resulting from any of the Released Parties’ negligence (but is not limited to any of their intentional misconduct), and includes claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim. The aforementioned exclusion of liability shall not apply to damages caused by wilful misconduct and gross negligence by the event organizer or a legal representative of the event organizer and to injuries to life, including claim/s resulting from body or health due to gross negligent breach of duty by the negligence event organizer or intentional or gross negligent breach of Released Parties, whether passive duty by a representative of the event organizer or activea person used to perform an obligation of the event organizer.

Appears in 1 contract

Samples: cdn1.sportngin.com

Release and Indemnity. Please read carefully. This Release and Indemnity section contains a surrender of certain legal rights. I hereby acknowledge and assume all of the risks of participating in the Event and agree as follows: • To the extent permitted by law, to release and not to xxx Operatorsue Organizer, WTC, Triathlon Australia, any applicable federationfederation and/or race sanctioning body, Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteers, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors and representatives and all other persons or entities associated or involved with the activities (individually and collectively referred to in this Form as the "Released Parties"), with respect to any and all claims, liabilities, suits or expenses (including attorneys’ fees and costs) (collectively referred to in this Form as “claim” or “claim/s”) for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activities, including use of any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. I understand I agree here to waive all claim/s I may have against the Released Parties and agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss I may suffer. The aforementioned exclusion of liability shall not apply to damages caused by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me, my spouse, a family member, a co-participant or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activities, including without limitation use of any equipment, facilities, or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. . This Release and Indemnity section includes but is not limited to claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim, including claim/s resulting from the negligence of Released Parties, whether passive or active.

Appears in 1 contract

Samples: Introduction

Release and Indemnity. Please read carefully. This Release and Indemnity section contains a surrender of certain legal rights. I hereby acknowledge and assume all of the risks Risks of participating in the Event and agree as follows: • To the extent permitted by law, to release and not to xxx Operatorsue IRONMAN, World Triathlon Corporation (“WTC, Triathlon Australia”), any applicable federationfederation and/or race sanctioning body, Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteers, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where the activities Activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors and representatives and all other persons or entities associated or involved with the activities Activities (individually and collectively referred to in this Form as the “Released Parties”), with respect to any and all claims, liabilities, suits or expenses (including attorneys’ fees and costs) (collectively referred to in this Form as “claimClaim” or “claimClaim/s”) for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activitiesActivities, including use of any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. I understand I agree here to waive all claimClaim/s I may have against the Released Parties and agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim Claim against the Released Parties for any injury, damage, death or other loss I may suffer. The aforementioned exclusion of liability shall not apply ; • to damages caused by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and • To defend and indemnify (“indemnifyIndemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claimClaim/s brought by or on behalf of me, my spouse, a family member, a co-participant or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activitiesActivities, including without limitation use of any equipment, facilities, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. This Release and Indemnity section includes but is not limited to claimClaim/s for personal injury or wrongful death (including claimClaim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claimClaim, including claimClaim/s resulting from the negligence of Released Parties, whether passive or active.

Appears in 1 contract

Samples: cdn1.sportngin.com

Release and Indemnity. Please read carefully. This Release and Indemnity section contains a surrender of certain legal rights. I hereby acknowledge and assume all of the risks of participating in the Event and agree as follows: • To the extent permitted by law, to release and not to xxx Operatorsue IRONMAN, World Triathlon Corporation (“WTC, Triathlon Australia”), any applicable federationfederation and/or race sanctioning body, Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteers, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors and representatives and all other persons or entities associated or involved with the activities (individually and collectively referred to in this Form as the “Released Parties”), with respect to any and all claims, liabilities, suits or expenses (including attorneys’ fees and costs) (collectively referred to in this Form as “claim” or “claim/s”) for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activities, including use of any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. I understand I agree here to waive all claim/s I may have against the Released Parties and agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss loss, except for claims for personal injury or death, I may suffer. The aforementioned exclusion of liability shall not apply to damages caused by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me, my spouse, a family member, a co-participant or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activities, including without limitation use of any equipment, facilities, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. This Release and Indemnity section includes but is not limited to claim/s for personal property damage, loss of consortium, breach of contract or any other claim, including claim/s resulting from the ordinary negligence of Released Parties, whether passive or active. Personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim, including claim/s resulting ) are excluded from the negligence of Released Parties, whether passive or activethis Release and Indemnity.

Appears in 1 contract

Samples: cdn2.sportngin.com

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