Common use of RELEASE AND WAIVER OF LIABILITY Clause in Contracts

RELEASE AND WAIVER OF LIABILITY. YOU HEREBY WAIVE, RELEASE, COVENANT NOT TO XXX AND FOREVER DISCHARGE SUPERIOR CYCLING ASSOCIATION AND ALL OTHER PERSONS ASSOCIATED WITH THE EVENT, FOR ALL LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES THAT YOU MAY HAVE AGAINST THEM ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR REGISTRATION AND/OR PARTICIPATION IN THE EVENT, INCLUDING WITHOUT LIMITATION ANY LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES CAUSED BY NEGLIGENCE OF THE ABOVE PARTIES (INCLUDING ANY NEGLIGENT RESCUE ATTEMPT), THE ACTION OR INACTION OF ANY OF THE ABOVE PARTIES, OR OTHERWISE. SUPERIOR CYCLING ASSOCIATION SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUPERIOR CYCLING ASSOCIATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WITHOUT LIMITING THE FOREGOING, SUPERIOR CYCLING ASSOCIATION WILL NOT BE RESPONSIBLE FOR: PERSONAL INJURY; YOUR PARTICIPATION IN THE EVENT. YOU AGREE THAT SUPERIOR CYCLING ASSOCIATION’S MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY SUPERIOR CYCLING ASSOCIATION FROM YOU. NOTHING IN THIS AGREEMENT AND WAIVER SHALL BE CONSTRUED AS LIMITING OR EXCLUDING SUPERIOR CYCLING ASSOCIATION’S OR THE EVENT ORGANIZER'S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL OR UNLAWFUL TO EXCLUDE OR ATTEMPT TO EXCLUDE LIABILITY. YOUR STATUTORY RIGHTS AS A CONSUMER ARE NOT AFFECTED BY THIS AGREEMENT AND WAIVER.

Appears in 1 contract

Samples: superiorcycling.org

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RELEASE AND WAIVER OF LIABILITY. YOU HEREBY WAIVE, RELEASE, COVENANT NOT TO XXX AND FOREVER DISCHARGE SUPERIOR CYCLING ASSOCIATION CSVANW AND ALL OTHER PERSONS ASSOCIATED WITH THE EVENT, FOR ALL LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES THAT YOU MAY HAVE AGAINST THEM ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR REGISTRATION AND/OR PARTICIPATION IN THE EVENT, INCLUDING WITHOUT LIMITATION ANY LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES CAUSED BY NEGLIGENCE OF THE ABOVE PARTIES (INCLUDING ANY NEGLIGENT RESCUE ATTEMPT), THE ACTION OR INACTION OF ANY OF THE ABOVE PARTIES, OR OTHERWISE. SUPERIOR CYCLING ASSOCIATION CSVANW SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUPERIOR CYCLING ASSOCIATION CSVANW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WITHOUT LIMITING THE FOREGOING, SUPERIOR CYCLING ASSOCIATION CSVANW WILL NOT BE RESPONSIBLE FOR: FOR (A) THE USE OR THE INABILITY TO USE THE CSVANW SITES, PRODUCTS OR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE CSVANW SITES; (C) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY CSVANW; (D) PERSONAL INJURY; (E) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (F) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE CSVANW SITES; (G) ANY OTHER MATTER RELATING TO THE CSVANW SITES, OR CSVANW PRODUCTS OR SERVICES; OR (H) YOUR PARTICIPATION IN THE EVENT. YOU AGREE THAT SUPERIOR CYCLING ASSOCIATIONCSVANW’S MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY SUPERIOR CYCLING ASSOCIATION CSVANW FROM YOU. NOTHING IN THIS AGREEMENT AND WAIVER SHALL BE CONSTRUED AS LIMITING OR EXCLUDING SUPERIOR CYCLING ASSOCIATION’S CSVANW'S OR THE EVENT ORGANIZER'S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL OR UNLAWFUL TO EXCLUDE OR ATTEMPT TO EXCLUDE LIABILITY. YOUR STATUTORY RIGHTS AS A CONSUMER ARE NOT AFFECTED BY THIS AGREEMENT AND WAIVER.

Appears in 1 contract

Samples: Csvanw Agreement and Liability Waiver

RELEASE AND WAIVER OF LIABILITY. YOU HEREBY WAIVE, RELEASE, COVENANT NOT TO XXX SUE AND FOREVER DISCHARGE SUPERIOR CYCLING ASSOCIATION ACTIVE AND ALL OTHER PERSONS ASSOCIATED WITH THE EVENT, FOR ALL LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES THAT YOU MAY HAVE AGAINST THEM ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR REGISTRATION AND/OR PARTICIPATION IN THE EVENT, INCLUDING WITHOUT LIMITATION ANY LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES CAUSED BY NEGLIGENCE OF THE ABOVE PARTIES (INCLUDING ANY NEGLIGENT RESCUE ATTEMPT), THE ACTION OR INACTION OF ANY OF THE ABOVE PARTIES, OR OTHERWISE. SUPERIOR CYCLING ASSOCIATION ACTIVE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUPERIOR CYCLING ASSOCIATION ACTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WITHOUT LIMITING THE FOREGOING, SUPERIOR CYCLING ASSOCIATION ACTIVE WILL NOT BE RESPONSIBLE FOR: PERSONAL INJURY; YOUR PARTICIPATION IN THE EVENT. YOU AGREE THAT SUPERIOR CYCLING ASSOCIATION’S MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY SUPERIOR CYCLING ASSOCIATION FROM YOU. NOTHING IN THIS AGREEMENT AND WAIVER SHALL BE CONSTRUED AS LIMITING OR EXCLUDING SUPERIOR CYCLING ASSOCIATION’S OR THE EVENT ORGANIZER'S LIABILITY FOR: (A) DEATH THE USE OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCETHE INABILITY TO USE THE ACTIVE SITES, PRODUCTS OR SERVICES; (B) FRAUD THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR FRAUDULENT MISREPRESENTATIONSERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE ACTIVE SITES; OR (C) YOUR PARTICIPATION IN ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL PROMOTION OR UNLAWFUL PROGRAM COORDINATED BY ACTIVE; (D) PERSONAL INJURY; (E) UNAUTHORIZED ACCESS TO EXCLUDE OR ATTEMPT TO EXCLUDE LIABILITY. ALTERATION OF YOUR STATUTORY RIGHTS AS A CONSUMER ARE NOT AFFECTED BY THIS AGREEMENT AND WAIVER.TRANSMISSIONS OR DATA;

Appears in 1 contract

Samples: School Active Agreement and Waiver

RELEASE AND WAIVER OF LIABILITY. YOU HEREBY WAIVE, RELEASE, COVENANT NOT TO XXX AND FOREVER DISCHARGE SUPERIOR CYCLING ASSOCIATION CBHA AND ALL OTHER PERSONS ASSOCIATED WITH THE EVENT, FOR ALL LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES THAT YOU MAY HAVE AGAINST THEM ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR REGISTRATION AND/OR PARTICIPATION IN THE EVENT, INCLUDING WITHOUT LIMITATION ANY LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES CAUSED BY NEGLIGENCE OF THE ABOVE PARTIES (INCLUDING ANY NEGLIGENT RESCUE ATTEMPT), THE ACTION OR INACTION OF ANY OF THE ABOVE PARTIES, OR OTHERWISE. SUPERIOR CYCLING ASSOCIATION CBHA SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUPERIOR CYCLING ASSOCIATION CBHA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WITHOUT LIMITING , RESULTING FROM: (A) THE FOREGOINGUSE OR THE INABILITY TO USE THE CBHA SITES, SUPERIOR CYCLING ASSOCIATION WILL PRODUCTS OR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE CBHA SITES; (C) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY CBHA; (D) PERSONAL INJURY NOT BE RESPONSIBLE FOR: PERSONAL INJURYCAUSED BY CBHA GROSS NEGLIGENCE; (E) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (F) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE CBHA SITES; (G) ANY OTHER MATTER RELATING TO THE CBHA SITES, OR CBHA PRODUCTS OR SERVICES; OR (H) YOUR PARTICIPATION IN THE EVENT. YOU AGREE THAT SUPERIOR CYCLING ASSOCIATIONCBHA’S MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY SUPERIOR CYCLING ASSOCIATION CBHA FROM YOU. NOTHING IN THIS AGREEMENT AND WAIVER SHALL BE CONSTRUED AS LIMITING OR EXCLUDING SUPERIOR CYCLING ASSOCIATION’S OR THE EVENT ORGANIZER'S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL OR UNLAWFUL TO EXCLUDE OR ATTEMPT TO EXCLUDE LIABILITY. YOUR STATUTORY RIGHTS AS A CONSUMER ARE NOT AFFECTED BY THIS AGREEMENT AND WAIVER...

Appears in 1 contract

Samples: www.cbha.org

RELEASE AND WAIVER OF LIABILITY. YOU HEREBY WAIVE, RELEASE, COVENANT NOT TO XXX SUE AND FOREVER DISCHARGE SUPERIOR CYCLING ASSOCIATION ACTIVE AND ALL OTHER PERSONS ASSOCIATED WITH THE EVENT, FOR ALL LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES THAT YOU MAY HAVE AGAINST THEM ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR REGISTRATION AND/OR PARTICIPATION IN THE EVENT, INCLUDING WITHOUT LIMITATION ANY LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES CAUSED BY NEGLIGENCE OF THE ABOVE PARTIES (INCLUDING ANY NEGLIGENT RESCUE ATTEMPT), THE ACTION OR INACTION OF ANY OF THE ABOVE PARTIES, OR OTHERWISE. SUPERIOR CYCLING ASSOCIATION ACTIVE, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUPERIOR CYCLING ASSOCIATION ACTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WITHOUT LIMITING , RESULTING FROM: (A) THE FOREGOINGUSE OR THE INABILITY TO USE THE ACTIVE SITES, SUPERIOR CYCLING ASSOCIATION WILL PRODUCTS OR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE ACTIVE SITES; (C) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY ACTIVE; (D) PERSONAL INJURY NOT BE RESPONSIBLE FOR: PERSONAL INJURYCAUSED BY ACTIVE'S GROSS NEGLIGENCE; (E) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (F) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ACTIVE SITES; (G) ANY OTHER MATTER RELATING TO THE ACTIVE SITES, OR ACTIVE PRODUCTS OR SERVICES; OR (H) YOUR PARTICIPATION IN THE EVENT. YOU AGREE THAT SUPERIOR CYCLING ASSOCIATION’S ACTIVE'S MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY SUPERIOR CYCLING ASSOCIATION ACTIVE FROM YOU. NOTHING IN THIS AGREEMENT AND WAIVER SHALL BE CONSTRUED AS LIMITING OR EXCLUDING SUPERIOR CYCLING ASSOCIATION’S OR THE EVENT ORGANIZER'S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL OR UNLAWFUL TO EXCLUDE OR ATTEMPT TO EXCLUDE LIABILITY. YOUR STATUTORY RIGHTS AS A CONSUMER ARE NOT AFFECTED BY THIS AGREEMENT AND WAIVER.

Appears in 1 contract

Samples: Active Agreement and Waiver

RELEASE AND WAIVER OF LIABILITY. YOU HEREBY WAIVE, RELEASE, COVENANT NOT TO XXX AND FOREVER DISCHARGE SUPERIOR CYCLING ASSOCIATION ACTIVE AND ALL OTHER PERSONS ASSOCIATED WITH THE EVENT, FOR ALL LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES THAT YOU MAY HAVE AGAINST THEM ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR REGISTRATION AND/OR PARTICIPATION IN THE EVENT, INCLUDING WITHOUT LIMITATION ANY LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES CAUSED BY NEGLIGENCE OF THE ABOVE PARTIES (INCLUDING ANY NEGLIGENT RESCUE ATTEMPT), THE ACTION OR INACTION OF ANY OF THE ABOVE PARTIES, OR OTHERWISE. SUPERIOR CYCLING ASSOCIATION ACTIVE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUPERIOR CYCLING ASSOCIATION ACTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WITHOUT LIMITING THE FOREGOING, SUPERIOR CYCLING ASSOCIATION ACTIVE WILL NOT BE RESPONSIBLE FOR: FOR (A) THE USE OR THE INABILITY TO USE THE ACTIVE SITES, PRODUCTS OR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE ACTIVE SITES; (C) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY ACTIVE; (D) PERSONAL INJURY; (E) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (F) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ACTIVE SITES; (G) ANY OTHER MATTER RELATING TO THE ACTIVE SITES, OR ACTIVE PRODUCTS OR SERVICES; OR (H) YOUR PARTICIPATION IN THE EVENT. YOU AGREE THAT SUPERIOR CYCLING ASSOCIATIONACTIVE’S MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY SUPERIOR CYCLING ASSOCIATION ACTIVE FROM YOU. NOTHING IN THIS AGREEMENT AND WAIVER SHALL BE CONSTRUED AS LIMITING OR EXCLUDING SUPERIOR CYCLING ASSOCIATION’S ACTIVE'S OR THE EVENT ORGANIZER'S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL OR UNLAWFUL TO EXCLUDE OR ATTEMPT TO EXCLUDE LIABILITY. YOUR STATUTORY RIGHTS AS A CONSUMER ARE NOT AFFECTED BY THIS AGREEMENT AND WAIVER.

Appears in 1 contract

Samples: Active Agreement and Liability Waiver

RELEASE AND WAIVER OF LIABILITY. YOU HEREBY WAIVE, RELEASE, COVENANT NOT TO XXX SUE AND FOREVER DISCHARGE SUPERIOR CYCLING ASSOCIATION ACTIVE AND ALL OTHER PERSONS ASSOCIATED WITH THE EVENT, FOR ALL LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES THAT YOU MAY HAVE AGAINST THEM ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR REGISTRATION AND/OR PARTICIPATION IN THE EVENT, INCLUDING WITHOUT LIMITATION ANY LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES CAUSED BY NEGLIGENCE OF THE ABOVE PARTIES (INCLUDING ANY NEGLIGENT RESCUE ATTEMPT), THE ACTION OR INACTION OF ANY OF THE ABOVE PARTIES, OR OTHERWISE. SUPERIOR CYCLING ASSOCIATION OTHERWISE.ACTIVE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUPERIOR CYCLING ASSOCIATION ACTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WITHOUT LIMITING THE FOREGOING, SUPERIOR CYCLING ASSOCIATION ACTIVE WILL NOT BE RESPONSIBLE FOR: FOR (A) THE USE OR THE INABILITY TO USE THE ACTIVE SITES, PRODUCTS OR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE ACTIVE SITES; (C) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY ACTIVE; (D) PERSONAL INJURY; (E) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (F) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ACTIVE SITES; (G) ANY OTHER MATTER RELATING TO THE ACTIVE SITES, OR ACTIVE PRODUCTS OR SERVICES; OR (H) YOUR PARTICIPATION IN THE EVENT. YOU AGREE THAT SUPERIOR CYCLING ASSOCIATION’S ACTIVE'S MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY SUPERIOR CYCLING ASSOCIATION ACTIVE FROM YOU. NOTHING YOU.NOTHING IN THIS AGREEMENT AND WAIVER SHALL BE CONSTRUED AS LIMITING OR EXCLUDING SUPERIOR CYCLING ASSOCIATION’S ACTIVES OR THE EVENT ORGANIZER'S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL OR UNLAWFUL TO EXCLUDE OR ATTEMPT TO EXCLUDE LIABILITY. YOUR STATUTORY RIGHTS AS A CONSUMER ARE NOT AFFECTED BY THIS AGREEMENT AND WAIVERWAIVER.5.

Appears in 1 contract

Samples: Active Agreement and Liability Waiver

RELEASE AND WAIVER OF LIABILITY. YOU HEREBY WAIVE, RELEASE, COVENANT NOT TO XXX AND FOREVER DISCHARGE SUPERIOR CYCLING ASSOCIATION RFV AND ALL OTHER PERSONS ASSOCIATED WITH THE EVENT, FOR ALL LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES THAT YOU MAY HAVE AGAINST THEM ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR REGISTRATION AND/OR PARTICIPATION IN THE EVENT, INCLUDING WITHOUT LIMITATION ANY LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES CAUSED BY NEGLIGENCE OF THE ABOVE PARTIES (INCLUDING ANY NEGLIGENT RESCUE ATTEMPT), THE ACTION OR INACTION OF ANY OF THE ABOVE PARTIES, OR OTHERWISE. SUPERIOR CYCLING ASSOCIATION RFV, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUPERIOR CYCLING ASSOCIATION RFV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WITHOUT LIMITING , RESULTING FROM: (A) THE FOREGOINGUSE OR THE INABILITY TO USE THE RFV SITES, SUPERIOR CYCLING ASSOCIATION WILL PRODUCTS OR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE RFV SITES; (C) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY RFV; (D) PERSONAL INJURY NOT BE RESPONSIBLE FOR: PERSONAL INJURYCAUSED BY RFV'S GROSS NEGLIGENCE; (E) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (F) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE RFV SITES; (G) ANY OTHER MATTER RELATING TO THE RFV SITES, OR RFV PRODUCTS OR SERVICES; OR (H) YOUR PARTICIPATION IN THE EVENT. YOU AGREE THAT SUPERIOR CYCLING ASSOCIATION’S RFV'S MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY SUPERIOR CYCLING ASSOCIATION RFV FROM YOU. NOTHING IN THIS AGREEMENT AND WAIVER SHALL BE CONSTRUED AS LIMITING OR EXCLUDING SUPERIOR CYCLING ASSOCIATION’S OR THE EVENT ORGANIZER'S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL OR UNLAWFUL TO EXCLUDE OR ATTEMPT TO EXCLUDE LIABILITY. YOUR STATUTORY RIGHTS AS A CONSUMER ARE NOT AFFECTED BY THIS AGREEMENT AND WAIVER.

Appears in 1 contract

Samples: Agreement and Liability Waiver

RELEASE AND WAIVER OF LIABILITY. YOU HEREBY WAIVEIN CONSIDERATION OF MY CHILD’S PARTICIPATION IN THE ACTIVITY, RELEASEI, COVENANT NOT TO XXX ON BEHALF OF MYSELF, MY CHILD, AND FOREVER DISCHARGE SUPERIOR CYCLING ASSOCIATION AND ALL OTHER PERSONS ASSOCIATED WITH THE EVENTEITHER OF OUR EXECUTORS, FOR ALL LIABILITIESHEIRS, CLAIMSASSIGNS, ACTIONS, OR DAMAGES THAT YOU MAY HAVE AGAINST THEM ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR REGISTRATION AND/OR ANYONE AUTHORIZED BY ANY OF THEM, HEREBY FULLY AND VOLUNTARILY RELEASE, INDEMNIFY, DISCHARGE, AND AGREE TO HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL RIGHT, CLAIM, DEMAND, ACTION, CAUSE OF ACTION, SUIT AND/OR LITIGATION (“Claim”), WHICH I, MY CHILD, AND/OR EITHER OF OUR HEIRS, EXECUTORS OR ASSIGNS MAY HAVE, WHETHER SUCH CLAIM IS FOR ECONOMIC AND/OR NON-ECONOMIC LOSSES, ON ACCOUNT OF ANY DAMAGE TO PERSON OR PROPERTY, INCLUDING BUT NOT LIMITED TO ANY CLAIM RELATED TO ILLNESS, BODILY INJURY, DEATH, DISABILITY OR OTHER DAMAGE SUSTAINED BY ME AND/OR MY CHILD RELATING IN ANY MANNER TO MY CHILD’S PARTICIPATION IN THE EVENTACTIVITY, WHETHER CAUSED IN WHOLE OR IN PART BY THE RELEASED PARTIES, INCLUDING WITHOUT LIMITATION ANY LIABILITIES, CLAIMS, ACTIONS, CLAIMS ARISING FROM THE NEGLIGENCE OR DAMAGES CAUSED BY NEGLIGENCE MISCONDUCT OF THE RELEASED PARTIES. I ACKNOWLEDGE AND AGREE THAT THE ASSUMPTION OF RISK ABOVE AND THE RELEASE AND WAIVER OF LIABILITY INCLUDES BUT IS NOT LIMITED TO ILLNESS ARISING FROM THE COVID-19 PANDEMIC AND ANY COMPLICATIONS THEREFROM. RELEASED PARTIES (INCLUDING MEANS ANY NEGLIGENT RESCUE ATTEMPT)AND/OR ALL OF THE FOLLOWING: TWINS BALLPARK, THE ACTION OR INACTION OF LLC, MINNESOTA TWINS, LLC, MINNESOTA TWINS COMMUNITY FUND, GENERAL MOTORS, LLC AND ANY OF THE ABOVE PARTIESITS PARTICIPATING CHEVROLET DEALERS, OR OTHERWISESELECT HEARTLAND CHEVY DEALERS, XXXX XXXXXX WORLDWIDE, INC., HEADWAY MARKETING, LLC, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, INSURERS, EQUIPMENT SUPPLIERS, AND VOLUNTEERS, AND REPRESENTATIVES. SUPERIOR CYCLING ASSOCIATION SHALL NOT BE LIABLE TO YOU FOR ANY DIRECTI understand and acknowledge that the Released Parties are not and shall not be responsible, INDIRECTfinancially or otherwise, INCIDENTALfor any loss, SPECIALinjury, CONSEQUENTIAL OR EXEMPLARY DAMAGESillness, INCLUDINGor damage sustained by me or my Child as result of my Child’s participation in the Activity. I further understand and acknowledge that Released Parties have not arranged for and do not carry insurance of any kind for my or my Child’s benefit, BUT NOT LIMITED TOor for the benefit of my or my Child’s heirs, DAMAGES FOR LOSS OF PROFITSexecutors, GOODWILLadministrators or assigns, USEwith regard to my Child’s participation in the Activity. I agree and acknowledge that I am solely responsible for obtaining and paying for any life, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUPERIOR CYCLING ASSOCIATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)accident, property, health and/or any other insurance that I desire on behalf of my Child, whether related to my Child’s participation in the Activity or otherwise. WITHOUT LIMITING THE FOREGOINGThis Release shall be binding upon me and my heirs, SUPERIOR CYCLING ASSOCIATION WILL NOT BE RESPONSIBLE FORlegal representatives, and assigns, and will be interpreted and construed in accordance with the laws of the State where the event is held, without regard to its conflict of law principles. I agree and consent that jurisdiction and venue of all matters relating to this Release shall be vested exclusively in the federal, state, and local courts within the county and state where the event is held. If I or my Child is a resident of the State of California, I further acknowledge that I have read the foregoing paragraphs and know and understand the full contents and effects of them. I understand the full nature, extent, and import of Section 1542 of the California Civil Code and of the entire Release stated in this document. Accordingly, I waive and relinquish, any and all rights or benefits that I may have under the provisions of Section 1542 of the California Civil Code, which reads as follows: PERSONAL INJURY; YOUR PARTICIPATION IN THE EVENT. YOU AGREE THAT SUPERIOR CYCLING ASSOCIATION’S MAXIMUM LIABILITY TO YOU“A general release does not extend to claims which the creditor does not know or suspect to exist in its favor at the time of executing the release, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY SUPERIOR CYCLING ASSOCIATION FROM YOU. NOTHING IN THIS AGREEMENT AND WAIVER SHALL BE CONSTRUED AS LIMITING OR EXCLUDING SUPERIOR CYCLING ASSOCIATION’S OR THE EVENT ORGANIZER'S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL OR UNLAWFUL TO EXCLUDE OR ATTEMPT TO EXCLUDE LIABILITY. YOUR STATUTORY RIGHTS AS A CONSUMER ARE NOT AFFECTED BY THIS AGREEMENT AND WAIVERwhich if known by him must have materially affected his settlement with the debtor.

Appears in 1 contract

Samples: assets.ngin.com

RELEASE AND WAIVER OF LIABILITY. YOU HEREBY WAIVE, RELEASE, COVENANT NOT TO XXX SUE AND FOREVER DISCHARGE SUPERIOR CYCLING ASSOCIATION DBC INC AND ALL OTHER PERSONS ASSOCIATED WITH THE EVENT, FOR ALL LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES THAT YOU MAY HAVE AGAINST THEM ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR REGISTRATION REGISTRATION, PARTICIPATION IN AND/OR PARTICIPATION IN OBSERVATION OF THE EVENT, INCLUDING WITHOUT LIMITATION ANY LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES CAUSED BY NEGLIGENCE OF THE ABOVE PARTIES (INCLUDING ANY NEGLIGENT RESCUE ATTEMPT), THE ACTION OR INACTION OF ANY OF THE ABOVE PARTIES, OR OTHERWISE. SUPERIOR CYCLING ASSOCIATION DBC Inc SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUPERIOR CYCLING ASSOCIATION DBC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WITHOUT LIMITING THE FOREGOING, SUPERIOR CYCLING ASSOCIATION DBC Inc WILL NOT BE RESPONSIBLE FOR: PERSONAL INJURY; YOUR PARTICIPATION IN THE EVENT. YOU AGREE THAT SUPERIOR CYCLING ASSOCIATION’S MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY SUPERIOR CYCLING ASSOCIATION FROM YOU. NOTHING IN THIS AGREEMENT AND WAIVER SHALL BE CONSTRUED AS LIMITING OR EXCLUDING SUPERIOR CYCLING ASSOCIATION’S OR THE EVENT ORGANIZER'S LIABILITY FOR: (A) DEATH THE USE OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCETHE INABILITY TO USE THE GFAR SITES, PRODUCTS OR SERVICES; (B) FRAUD THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR FRAUDULENT MISREPRESENTATIONSERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE GFAR SITES; OR (C) YOUR PARTICIPATION IN ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL PROMOTION OR UNLAWFUL TO EXCLUDE OR ATTEMPT TO EXCLUDE LIABILITY. YOUR STATUTORY RIGHTS AS A CONSUMER ARE NOT AFFECTED PROGRAM COORDINATED BY THIS AGREEMENT AND WAIVER.DBC;

Appears in 1 contract

Samples: Please Read the Following Agreement

RELEASE AND WAIVER OF LIABILITY. YOU BEING FULLY INFORMED AND AWARE OF THE RISKS AND IN CONSIDERATION OF HSTT ALLOWING MY PARTICIPATION IN THESE ACTIVITIES, UNDER THE TERMS SET FORTH HEREIN, I, THE VOLUNTEER, FOR MYSELF AND ON BEHALF OF MY CHILD AND/OR LEGAL XXXX, HEIRS, ADMINISTRATORS, PERSONAL REPRESENTATIVES OR ASSIGNS, DO AGREE TO HEREBY WAIVERELEASE HSTT, ITS AGENTS, EMPLOYEES, PERSONNEL, OFFICERS/DIRECTORS, PREMISES OWNERS, AND INSURERS FROM ANY AND ALL LIABILITY DUE TO HSTT'S NEGLIGENCE. AND I DO FURTHER AGREE THAT EXCEPT IN THE EVENT OF HSTT'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, I SHALL BRING NO CLAIMS, DEMANDS, ACTIONS AND CAUSES OF ACTION, AND/OR LITIGATION, AGAINST HSTT AND/OR ITS ASSOCIATES AS STATED ABOVE IN THIS CLAUSE, FOR ANY ECONOMIC AND/OR NON-ECONOMIC LOSSES DUE TO BODILY INJURY, DEATH, AND/OR PROPERTY DAMAGE, SUSTAINED BY ME AND/OR MY MINOR CHILD OR LEGAL XXXX IN RELATION TO THE PREMISES, SERVICES AND OPERATIONS OF HSTT AND/OR RELATED ACTIVITIES, INCLUDING WITHOUT LIMITATION, WHILE VOLUNTEERING, HANDLING, OR OTHERWISE BEING NEAR ANIMALS OWNED BY OR IN THE CARE, CUSTODY AND CONTROL OF HSTT.  Waiver of California Civil Code Section 1542: Further, I am advised that California Civil Code § 1542 provides that: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. I understand and acknowledge the significance and consequences of California Civil Code §1542 and hereby elect to waive the benefits of its provisions, with the intent that this release and waiver of liability shall include claims known or unknown, and unknown and unsuspected. Initials  This Agreement is governed by and shall be construed in accordance with the terms of the State of California without regard to any rules governing conflicts of laws. The parties agree to submit to the jurisdiction of the County of Nevada, State of California courts for all purposes relating to the terms and conditions herein. If any clause, phrase, or word is in conflict with state law, then that single part shall be severed and the remaining agreement shall be interpreted according to the parties’ intent as stated herein. INDEMNITY / LIABILITY RELEASE BY PARENT OR LEGAL GUARDIAN OF MINOR CHILD OR LEGAL XXXX (of volunteers under 18 years of age):  I, , the parent/legal guardian of , consent to her/his participation as a volunteer with the Humane Society of Truckee-Tahoe (HSTT). We acknowledge that the activities that s/he will participate in may include, but are not limited to, the handling of animals. We, on behalf of ourselves and the minor volunteer, take responsibility for and expressly assume any and all risks associated with the minor volunteer’s participation in HSTT activities  In acknowledgement that a parent by law cannot waive the personal injury rights or other claims of her/his minor child or legal xxxx, the undersigned parent or guardian of said minor child or legal xxxx agrees to indemnify HSTT, and all of its agents and assigns as stated above, from any loss, claim, action, demand, liability or expense (including HSTT’s reasonable attorney fees and costs) arising in connection with this Agreement brought on behalf of said minor child or legal xxxx, and not caused by HSTT’s gross negligence or willful misconduct. All HSTT volunteers and parents or legal guardians must sign below after reading this document: I/WE, THE UNDERSIGNED, HAVE READ AND DO UNDERSTAND THE FOREGOING AGREEMENT, WARNINGS, RELEASE, COVENANT NOT TO XXX INDEMNITY AND FOREVER DISCHARGE SUPERIOR CYCLING ASSOCIATION AND ALL OTHER PERSONS ASSOCIATED WITH THE EVENTASSUMPTION OF RISK. Signature of Volunteer Date Printed Name of Volunteer Signature of Parents/Legal Guardians if Volunteer is a Minor Date Printed Name of Parents/Legal Guardians if Volunteer is a Minor Full Address: City, FOR ALL LIABILITIESState, CLAIMS, ACTIONS, OR DAMAGES THAT YOU MAY HAVE AGAINST THEM ARISING OUT Zip Primary Phone Number Emergency Contact Name and Phone Number HUMANE SOCIETY OF OR IN ANY WAY CONNECTED WITH YOUR REGISTRATION AND/OR PARTICIPATION IN THE EVENT, INCLUDING WITHOUT LIMITATION ANY LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES CAUSED BY NEGLIGENCE OF THE ABOVE PARTIES (INCLUDING ANY NEGLIGENT RESCUE ATTEMPT), THE ACTION OR INACTION OF ANY OF THE ABOVE PARTIES, OR OTHERWISE. SUPERIOR CYCLING ASSOCIATION SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUPERIOR CYCLING ASSOCIATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WITHOUT LIMITING THE FOREGOING, SUPERIOR CYCLING ASSOCIATION WILL NOT BE RESPONSIBLE FOR: PERSONAL INJURY; YOUR PARTICIPATION IN THE EVENT. YOU AGREE THAT SUPERIOR CYCLING ASSOCIATION’S MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY SUPERIOR CYCLING ASSOCIATION FROM YOU. NOTHING IN THIS AGREEMENT AND WAIVER SHALL BE CONSTRUED AS LIMITING OR EXCLUDING SUPERIOR CYCLING ASSOCIATION’S OR THE EVENT ORGANIZER'S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL OR UNLAWFUL TO EXCLUDE OR ATTEMPT TO EXCLUDE LIABILITY. YOUR STATUTORY RIGHTS AS A CONSUMER ARE NOT AFFECTED BY THIS AGREEMENT AND WAIVER.TRUCKEE-TAHOE

Appears in 1 contract

Samples: Volunteer Agreement

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RELEASE AND WAIVER OF LIABILITY. YOU BEING FULLY INFORMED AND AWARE OF THE RISKS AND IN CONSIDERATION OF HSTT ALLOWING MY PARTICIPATION IN THESE ACTIVITIES, UNDER THE TERMS SET FORTH HEREIN, I, THE VOLUNTEER, FOR MYSELF, HEIRS, ADMINISTRATORS, PERSONAL REPRESENTATIVES OR ASSIGNS, DO AGREE TO HEREBY WAIVERELEASE HSTT, RELEASEITS AGENTS, COVENANT NOT TO XXX EMPLOYEES, PERSONNEL, OFFICERS/DIRECTORS, PREMISES OWNERS, REPRESENTATIVES, AND FOREVER DISCHARGE SUPERIOR CYCLING ASSOCIATION INSURERS (“ASSOCIATES”) FROM ANY AND ALL OTHER PERSONS ASSOCIATED WITH LIABILITY, INCLUDING ANY WHICH MAY BE DUE TO HSTT'S NEGLIGENCE OR CARELESSNESS, RELATING TO MY PARTICIPATION IN HSTT’S VOLUNTEER PROGRAM. I DO FURTHER AGREE THAT EXCEPT IN THE EVENTEVENT OF HSTT'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, FOR ALL LIABILITIES, I SHALL BRING NO CLAIMS, ACTIONSDEMANDS, OR DAMAGES THAT YOU MAY HAVE AGAINST THEM ARISING OUT ACTIONS AND CAUSES OF OR IN ANY WAY CONNECTED WITH YOUR REGISTRATION ACTION, AND/OR PARTICIPATION LITIGATION, AGAINST HSTT AND/OR ITS ASSOCIATES, FOR ANY ECONOMIC AND/OR NON- ECONOMIC LOSSES WHATSOEVER SUSTAINED BY ME IN CONNECTION WITH THE EVENTPREMISES, SERVICES AND OPERATIONS OF HSTT AND/OR ANY RELATED ACTIVITIES, INCLUDING WITHOUT LIMITATION ANY LIABILITIESLIMITATION, CLAIMSWHILE VOLUNTEERING, ACTIONSHANDLING, OR DAMAGES CAUSED OTHERWISE BEING NEAR ANIMALS OWNED BY NEGLIGENCE OF THE ABOVE PARTIES (INCLUDING ANY NEGLIGENT RESCUE ATTEMPT), THE ACTION OR INACTION OF ANY OF THE ABOVE PARTIES, OR OTHERWISE. SUPERIOR CYCLING ASSOCIATION SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUPERIOR CYCLING ASSOCIATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WITHOUT LIMITING THE FOREGOING, SUPERIOR CYCLING ASSOCIATION WILL NOT BE RESPONSIBLE FOR: PERSONAL INJURY; YOUR PARTICIPATION IN THE EVENTCARE, CUSTODY AND CONTROL OF HSTT. YOU AGREE THAT SUPERIOR CYCLING ASSOCIATION’S MAXIMUM LIABILITY • Waiver of California Civil Code Section 1542: Further, I am advised that California Civil Code § 1542 provides that: A GENERAL RELEASE DOES NOT EXTEND TO YOUCLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE TOTAL AMOUNT OF MONIES RECEIVED BY SUPERIOR CYCLING ASSOCIATION FROM YOU. NOTHING IN THIS AGREEMENT AND WAIVER SHALL BE CONSTRUED AS LIMITING OR EXCLUDING SUPERIOR CYCLING ASSOCIATION’S OR THE EVENT ORGANIZER'S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL OR UNLAWFUL TO EXCLUDE OR ATTEMPT TO EXCLUDE LIABILITY. YOUR STATUTORY RIGHTS AS A CONSUMER ARE NOT AFFECTED BY THIS AGREEMENT AND WAIVERDEBTOR.

Appears in 1 contract

Samples: Volunteer Agreement

RELEASE AND WAIVER OF LIABILITY. YOU HEREBY WAIVE, RELEASE, COVENANT NOT TO XXX SUE AND FOREVER DISCHARGE SUPERIOR CYCLING ASSOCIATION ACTIVE AND ALL OTHER PERSONS ASSOCIATED WITH THE EVENTEDUCATIONAL PROGRAM, FOR ALL LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES THAT YOU MAY HAVE AGAINST THEM ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR REGISTRATION AND/OR PARTICIPATION IN THE EVENTEDUCATIONAL PROGRAM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES CAUSED BY NEGLIGENCE OF THE ABOVE PARTIES (INCLUDING ANY NEGLIGENT RESCUE ATTEMPT), THE ACTION OR INACTION OF ANY OF THE ABOVE PARTIES, OR OTHERWISE. SUPERIOR CYCLING ASSOCIATION ACTIVE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUPERIOR CYCLING ASSOCIATION ACTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WITHOUT LIMITING THE FOREGOING, SUPERIOR CYCLING ASSOCIATION ROOTWORK HERBALS WILL NOT BE RESPONSIBLE FOR: PERSONAL INJURY; FOR (A) THE USE OR THE INABILITY TO USE THE ROOTWORK HERBALS SITES, PRODUCTS OR SERVICES (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE ROOTWORK HERBALS SITES (C) YOUR PARTICIPATION IN THE EVENT. YOU AGREE THAT SUPERIOR CYCLING ASSOCIATION’S MAXIMUM LIABILITY TO YOU, FOR ANY REASON PROMOTION OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED PROGRAM COORDINATED BY SUPERIOR CYCLING ASSOCIATION FROM YOU. NOTHING IN THIS AGREEMENT AND WAIVER SHALL BE CONSTRUED AS LIMITING OR EXCLUDING SUPERIOR CYCLING ASSOCIATION’S OR THE EVENT ORGANIZER'S LIABILITY FOR: ROOTWORK HERBALS (AD) DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE; (BE) FRAUD UNAUTHORIZED ACCESS TO OR FRAUDULENT MISREPRESENTATION; ALTERATION OF YOUR TRANSMISSIONS OR DATA (CF) STATEMENTS OR CONDUCT OF ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL OR UNLAWFUL TO EXCLUDE OR ATTEMPT TO EXCLUDE LIABILITY. YOUR STATUTORY RIGHTS AS A CONSUMER ARE NOT AFFECTED BY THIS AGREEMENT AND WAIVER.THIRD PARTY ON THE ROOTWORK HERBALS SITES

Appears in 1 contract

Samples: Active Consent Agreement and Liability Waiver (

RELEASE AND WAIVER OF LIABILITY. YOU HEREBY WAIVE, RELEASE, COVENANT NOT TO XXX SUE AND FOREVER DISCHARGE SUPERIOR CYCLING ASSOCIATION BOYS AND GIRLS CLUB OF THE SEQUOIAS (STRATHMORE), THE CITY OF PORTERVILLE AND ALL OTHER PERSONS ASSOCIATED WITH THE EVENT, FOR ALL LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES THAT YOU MAY HAVE AGAINST THEM ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR REGISTRATION AND/OR PARTICIPATION IN THE EVENT, INCLUDING WITHOUT LIMITATION ANY LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES CAUSED BY NEGLIGENCE OF THE ABOVE PARTIES (INCLUDING ANY NEGLIGENT RESCUE ATTEMPT), THE ACTION OR INACTION OF ANY OF THE ABOVE PARTIES, OR OTHERWISE. SUPERIOR CYCLING ASSOCIATION BOYS AND GIRLS CLUB OF THE SEQUOIAS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUPERIOR CYCLING ASSOCIATION BOYS AND GIRLS CLUB OF THE SEQUOIAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WITHOUT LIMITING THE FOREGOING, SUPERIOR CYCLING ASSOCIATION BOYS AND GIRLS CLUB OF THE SEQUOIAS WILL NOT BE RESPONSIBLE FOR: FOR (A) THE USE OR THE INABILITY TO USE THE BOYS AND GIRLS CLUB OF THE SEQUOIAS SITES, PRODUCTS OR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE BOYS AND GIRLS CLUB OF THE SEQUOIAS SITES; (C) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY BOYS AND GIRLS CLUB OF THE SEQUOIAS; (D) PERSONAL INJURY; (E) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (F) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE BOYS AND GIRLS CLUB OF THE SEQUOIAS SITES; (G) ANY OTHER MATTER RELATING TO THE BOYS AND GIRLS CLUB OF THE SEQUOIAS SITES, OR BOYS AND GIRLS CLUB OF THE SEQUOIAS PRODUCTS OR SERVICES; OR (H) YOUR PARTICIPATION IN THE EVENT. YOU AGREE THAT SUPERIOR CYCLING ASSOCIATIONBOYS AND GIRLS CLUB OF THE SEQUOIAS’S MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY SUPERIOR CYCLING ASSOCIATION BOYS AND GIRLS CLUB OF THE SEQUOIAS FROM YOU. NOTHING IN THIS AGREEMENT AND WAIVER SHALL BE CONSTRUED AS LIMITING OR EXCLUDING SUPERIOR CYCLING ASSOCIATION’S BOYS AND GIRLS CLUB OF THE SEQUOIAS' OR THE EVENT ORGANIZER'S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL OR UNLAWFUL TO EXCLUDE OR ATTEMPT TO EXCLUDE LIABILITY. YOUR STATUTORY RIGHTS AS A CONSUMER ARE NOT AFFECTED BY THIS AGREEMENT AND WAIVER.

Appears in 1 contract

Samples: static1.squarespace.com

RELEASE AND WAIVER OF LIABILITY. YOU HEREBY WAIVE, RELEASE, COVENANT NOT TO XXX SUE AND FOREVER DISCHARGE SUPERIOR CYCLING ASSOCIATION CBHA AND ALL OTHER PERSONS ASSOCIATED WITH THE EVENT, FOR ALL LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES THAT YOU MAY HAVE AGAINST THEM ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR REGISTRATION AND/OR PARTICIPATION IN THE EVENT, INCLUDING WITHOUT LIMITATION ANY LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES CAUSED BY NEGLIGENCE OF THE ABOVE PARTIES (INCLUDING ANY NEGLIGENT RESCUE ATTEMPT), THE ACTION OR INACTION OF ANY OF THE ABOVE PARTIES, OR OTHERWISE. SUPERIOR CYCLING ASSOCIATION CBHA SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUPERIOR CYCLING ASSOCIATION CBHA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WITHOUT LIMITING , RESULTING FROM: (A) THE FOREGOINGUSE OR THE INABILITY TO USE THE CBHA SITES, SUPERIOR CYCLING ASSOCIATION WILL PRODUCTS OR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE CBHA SITES; (C) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY CBHA; (D) PERSONAL INJURY NOT BE RESPONSIBLE FOR: PERSONAL INJURYCAUSED BY CBHA GROSS NEGLIGENCE; (E) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (F) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE CBHA SITES; (G) ANY OTHER MATTER RELATING TO THE CBHA SITES, OR CBHA PRODUCTS OR SERVICES; OR (H) YOUR PARTICIPATION IN THE EVENT. YOU AGREE THAT SUPERIOR CYCLING ASSOCIATIONCBHA’S MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY SUPERIOR CYCLING ASSOCIATION CBHA FROM YOU. NOTHING IN THIS AGREEMENT AND WAIVER SHALL BE CONSTRUED AS LIMITING OR EXCLUDING SUPERIOR CYCLING ASSOCIATION’S OR THE EVENT ORGANIZER'S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL OR UNLAWFUL TO EXCLUDE OR ATTEMPT TO EXCLUDE LIABILITY. YOUR STATUTORY RIGHTS AS A CONSUMER ARE NOT AFFECTED BY THIS AGREEMENT AND WAIVER...

Appears in 1 contract

Samples: www.cbha.org

RELEASE AND WAIVER OF LIABILITY. YOU HEREBY WAIVE, RELEASE, COVENANT NOT TO XXX AND FOREVER DISCHARGE SUPERIOR CYCLING ASSOCIATION BOYS AND GIRLS CLUB OF THE SEQUOIAS (STRATHMORE), THE CITY OF PORTERVILLE AND ALL OTHER PERSONS ASSOCIATED WITH THE EVENT, FOR ALL LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES THAT YOU MAY HAVE AGAINST THEM ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR REGISTRATION AND/OR PARTICIPATION IN THE EVENT, INCLUDING WITHOUT LIMITATION ANY LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES CAUSED BY NEGLIGENCE OF THE ABOVE PARTIES (INCLUDING ANY NEGLIGENT RESCUE ATTEMPT), THE ACTION OR INACTION OF ANY OF THE ABOVE PARTIES, OR OTHERWISE. SUPERIOR CYCLING ASSOCIATION BOYS AND GIRLS CLUB OF THE SEQUOIAS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUPERIOR CYCLING ASSOCIATION BOYS AND GIRLS CLUB OF THE SEQUOIAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WITHOUT LIMITING THE FOREGOING, SUPERIOR CYCLING ASSOCIATION BOYS AND GIRLS CLUB OF THE SEQUOIAS WILL NOT BE RESPONSIBLE FOR: FOR (A) THE USE OR THE INABILITY TO USE THE BOYS AND GIRLS CLUB OF THE SEQUOIAS SITES, PRODUCTS OR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE BOYS AND GIRLS CLUB OF THE SEQUOIAS SITES; (C) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY BOYS AND GIRLS CLUB OF THE SEQUOIAS; (D) PERSONAL INJURY; (E) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (F) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE BOYS AND GIRLS CLUB OF THE SEQUOIAS SITES; (G) ANY OTHER MATTER RELATING TO THE BOYS AND GIRLS CLUB OF THE SEQUOIAS SITES, OR BOYS AND GIRLS CLUB OF THE SEQUOIAS PRODUCTS OR SERVICES; OR (H) YOUR PARTICIPATION IN THE EVENT. YOU AGREE THAT SUPERIOR CYCLING ASSOCIATIONBOYS AND GIRLS CLUB OF THE SEQUOIAS’S MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY SUPERIOR CYCLING ASSOCIATION BOYS AND GIRLS CLUB OF THE SEQUOIAS FROM YOU. NOTHING IN THIS AGREEMENT AND WAIVER SHALL BE CONSTRUED AS LIMITING OR EXCLUDING SUPERIOR CYCLING ASSOCIATION’S BOYS AND GIRLS CLUB OF THE SEQUOIAS' OR THE EVENT ORGANIZER'S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL OR UNLAWFUL TO EXCLUDE OR ATTEMPT TO EXCLUDE LIABILITY. YOUR STATUTORY RIGHTS AS A CONSUMER ARE NOT AFFECTED BY THIS AGREEMENT AND WAIVER.

Appears in 1 contract

Samples: static1.squarespace.com

RELEASE AND WAIVER OF LIABILITY. YOU I, ON BEHALF OF MYSELF, MY CHILD AND MY FAMILY, MY CHILD’S SUPERVISOR (IF NOT A FAMILY MEMBER), OUR PERSONAL REPRESENTATIVES, HEIRS, EXECUTORS, ADMINISTRATORS, AGENTS, AND ASSIGNS, HEREBY RELEASE, WAIVE, RELEASEDISCHARGE, AND COVENANT NOT TO XXX SUE THE UNIVERSITY, ITS TRUSTEES, OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS AND FOREVER DISCHARGE SUPERIOR CYCLING ASSOCIATION AGENTS AND THEIR SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO AS “RELEASEES”) FROM ANY AND ALL OTHER PERSONS ASSOCIATED WITH THE EVENT, FOR ALL LIABILITIESLIABILITY, CLAIMS, ACTIONSAND DEMANDS OF WHATEVER KIND OR NATURE, OR DAMAGES THAT YOU MAY HAVE AGAINST THEM ARISING OUT OF EITHER IN LAW OR IN ANY WAY CONNECTED WITH YOUR REGISTRATION AND/EQUITY, WHICH ARISE OR MAY HEREAFTER ARISE FROM MY CHILD’S PARTICIPATION IN THE EVENTACTIVITY AND RELATED ACTIVITIES, INCLUDING WITHOUT LIMITATION ANY LIABILITIESWHETHER SUCH LIABILITY, CLAIMS, ACTIONSOR DEMANDS RESULTS FROM INJURY, OR DAMAGES CAUSED BY NEGLIGENCE OF THE ABOVE PARTIES (INCLUDING ANY NEGLIGENT RESCUE ATTEMPT)ILLNESS, THE ACTION OR INACTION OF ANY OF THE ABOVE PARTIESDEATH, MONETARY LOSS, FROM PROPERTY DAMAGE, OR OTHERWISE. SUPERIOR CYCLING ASSOCIATION SHALL NOT I UNDERSTAND AND ACKNOWLEDGE THAT THIS AGREEMENT DISCHARGES THE RELEASEES FROM ANY LIABILITY OR CLAIM WITH RESPECT TO ANY BODILY INJURY, PERSONAL INJURY, ILLNESS, DEATH, MONETARY LOSS, PROPERTY DAMAGE OR OTHERWISE THAT MAY RESULT FROM OR BE LIABLE IN CONNECTION WITH MY CHILD’S PARTICIPATION IN THE ACTIVITY. I UNDERSTAND THAT THE RELEASEES ASSUME NO RESPONSIBILITY FOR OR OBLIGATION TO YOU FOR ANY DIRECTPROVIDE FINANCIAL ASSISTANCE OR OTHER ASSISTANCE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, INCLUDING BUT NOT LIMITED TOTO MEDICAL, DAMAGES FOR HEALTH, OR DISABILITY INSURANCE, IN THE EVENT OF INJURY, ILLNESS, DEATH, ACCIDENT, MONETARY LOSS OR PROPERTY DAMAGE. INDEMNITY: I, ON BEHALF OF PROFITSMYSELF, GOODWILLMY CHILD AND FAMILY, USEMY CHILD’S SUPERVISOR (IF NOT A FAMILY MEMBER), DATA OUR PERSONAL REPRESENTATIVES, HEIRS, EXECUTORS, ADMINISTRATORS, AGENTS, AND ASSIGNS, AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY THE RELEASEES FROM ANY AND ALL LIABILITY, INCLUDING ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (KNOWN OR OTHER INTANGIBLE LOSSES UNKNOWN), SUITS, OR JUDGMENTS OF ANY AND EVERY KIND (EVEN IF SUPERIOR CYCLING ASSOCIATION HAS BEEN ADVISED INCLUDING ATTORNEYS’ FEES), ARISING FROM ANY INJURY, ILLNESS, DEATH, MONETARY LOSS, PROPERTY DAMAGE OR OTHERWISE THAT I, MY CHILD OR FAMILY MAY SUFFER AS A RESULT OF THE POSSIBILITY OF SUCH DAMAGES). WITHOUT LIMITING THE FOREGOING, SUPERIOR CYCLING ASSOCIATION WILL NOT BE RESPONSIBLE FOR: PERSONAL INJURY; YOUR MY CHILD’S PARTICIPATION IN THE EVENTACTIVITY. YOU AGREE THAT SUPERIOR CYCLING ASSOCIATION’S MAXIMUM LIABILITY TO YOUCHOICE OF LAW/SEVERABILITY: I hereby agree that this Agreement shall be construed in accordance with the law of the District of Columbia and is intended to be as broad and inclusive as permitted by such law. I further agree that if any portion hereof is held invalid, FOR ANY REASON OR CAUSE WHATSOEVERthe balance shall, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY SUPERIOR CYCLING ASSOCIATION FROM YOUnotwithstanding, continue in full force and effect. NOTHING IN I HAVE READ THIS AGREEMENT AND WAIVER SHALL BE CONSTRUED AS LIMITING OR EXCLUDING SUPERIOR CYCLING ASSOCIATION’S OR THE EVENT ORGANIZER'S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL OR UNLAWFUL TO EXCLUDE OR ATTEMPT TO EXCLUDE LIABILITYFULLY UNDERSTAND ITS TERMS. YOUR STATUTORY RIGHTS AS A CONSUMER ARE NOT AFFECTED BY I AM AWARE THAT THIS AGREEMENT INCLUDES A RELEASE AND WAIVER.WAIVER OF LIABILITY, AN ASSUMPTION OF RISK, AND AN AGREEMENT TO INDEMNIFY THE RELEASEES. I UNDERSTAND AND I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. I HEREBY CERTIFY that: • I have read the Activity description and will comply with its requirements. • I approve my child’s participation in the Activity identified above. • I have read this Agreement carefully and I fully understand its contents. • I have signed the Agreement freely and without inducement or assurances of any kind. Name of Child Name of Parent Parent’s Signature Date Return signed copy to UDC Activity Coordinator: Name: Xxxxxxxx Xxxx Address/Email Address: xxxxxxxx.xxxx@xxx.xxx

Appears in 1 contract

Samples: docs.udc.edu

RELEASE AND WAIVER OF LIABILITY. YOU HEREBY WAIVE, RELEASE, COVENANT NOT TO XXX AND FOREVER DISCHARGE SUPERIOR CYCLING ASSOCIATION JLSD AND ALL OTHER PERSONS ASSOCIATED WITH THE EVENT, FOR ALL LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES THAT YOU MAY HAVE AGAINST THEM ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR REGISTRATION AND/OR PARTICIPATION IN THE EVENT, INCLUDING WITHOUT LIMITATION ANY LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES CAUSED BY NEGLIGENCE OF THE ABOVE PARTIES (INCLUDING ANY NEGLIGENT RESCUE ATTEMPT), THE ACTION OR INACTION OF ANY OF THE ABOVE PARTIES, OR OTHERWISE. SUPERIOR CYCLING ASSOCIATION JLSD SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUPERIOR CYCLING ASSOCIATION JLSD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WITHOUT LIMITING THE FOREGOING, SUPERIOR CYCLING ASSOCIATION JLSD WILL NOT BE RESPONSIBLE FOR: FOR (A) THE USE OR THE INABILITY TO USE THE JLSD SITES, PRODUCTS OR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE JLSD SITES; (C) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY JLSD; (D) PERSONAL INJURY; (E) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (F) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE JLSD SITES; (G) ANY OTHER MATTER RELATING TO THE JLSD SITES, OR JLSD PRODUCTS OR SERVICES; OR (H) YOUR PARTICIPATION IN THE EVENT. YOU AGREE THAT SUPERIOR CYCLING ASSOCIATIONJLSD’S MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY SUPERIOR CYCLING ASSOCIATION JLSD FROM YOU. NOTHING IN THIS AGREEMENT AND WAIVER SHALL BE CONSTRUED AS LIMITING OR EXCLUDING SUPERIOR CYCLING ASSOCIATION’S JLSD'S OR THE EVENT ORGANIZER'S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL OR UNLAWFUL TO EXCLUDE OR ATTEMPT TO EXCLUDE LIABILITY. YOUR STATUTORY RIGHTS AS A CONSUMER ARE NOT AFFECTED BY THIS AGREEMENT AND WAIVER.:

Appears in 1 contract

Samples: JLSD Agreement and Liability Waiver

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