Common use of Waiver and Release of Liability Clause in Contracts

Waiver and Release of Liability. PARTIES TO THIS AGREEMENT - The “Owner” of the rented equipment includes LowerGear Outdoors; LowerGear Rentals, lowergear. com, and all employees, officers, shareholders, agents, representatives, partners, lessors, insurers, assigns and other parties related thereto, and of the corporate parent Mast Advertising & Publishing, Inc. The “User(s)” include the renter of the equipment; any operator, passenger, or participant in any activity involving the equipment; any minor in the care or under the supervision of any User; and the heirs, executors, administrators, succes- sors and assigns of the foregoing. Renter and all other Users signing below agree that they will be the only operators, passengers or otherwise the only users of the rented equipment. Each User below further agrees that if any other party or individual is allowed to use the rented equipment, each of the undersigned will be personally liable for any damages to such unauthorized Users or damages to others caused by such unauthorized User, even if such damages arise out of the negligence or fault of Owner. ACKNOWLEDGMENT OF RISKS - The undersigned hereby acknowledge that some, but not all of the risks of participating in water-sport activities and the transportation and use of watercraft and other rented equipment include: road accidents; damage to the transporting automobile; failure of transporting attachments such as roof racks and trailers; unpredictable currents and water flow; collisions with submerged objects and other watercraft; capsizing or sinking of watercraft; exposure and hypothermia; encounters with wildlife and insects; lightning strikes; equipment and opera- tor errors; incapacitation due to illness; becoming lost or otherwise requiring expensive rescue; dangerous winds and storms; expensive damages to the rented equipment and to the property of others; and any other event that may cause expense, illness, injury or death. EXPRESS ASSUMPTION OF RISK – Each undersigned hereby agrees that each is operating or using the equipment provided by Owner at his/her own risk. Each undersigned agrees that he/she is voluntarily participating in all activities related to the rental, operation, or use of the rental equipment. Each undersigned assumes full responsibility for the risks of personal injury, accidents or illness, and any resultant expenses from any such risk, damage or loss to themselves, any other User, the rented equipment and for any personal injury or property loss caused by any User while using the rented equipment, even if the risks arise out of the negligence or fault of Owner. WAIVER/RELEASE OF LIABILITY - By the execution of this Release, the undersigned voluntarily releases, forever discharges and agrees to indemnify and hold harmless Owner from any and all liability of any nature for any and all injury or damage arising from personal injuries or property damage sustained or caused by the undersigned or any other User or minor children under the undersigned’s custody, care, and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by Owner regardless of the cause. The undersigned as- sumes full responsibility for any such injuries or damages which may occur. The undersigned specifically agrees that Owner shall not be responsible for such injuries, damages, loss or theft, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY OWNER whether such negligence is present at the signing of this Release or takes place in the future. This Waiver and Release does not apply to gross negligence or intentional torts by Owner.

Appears in 2 contracts

Samples: Equipment Rental Agreement, Equipment Rental Agreement

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Waiver and Release of Liability. PARTIES TO THIS AGREEMENT - The “Owner” This Rental Equipment Agreement, Waiver and Release of Liability is between Pleasant Bay Community Boating Inc. Harwich, Massachusetts, (herein called "PBCB") and the rented equipment includes LowerGear Outdoors; LowerGear Rentalsundersigned (herein called "Renter"). This agreement also constitutes a Wavier and Release of Liability, lowergear. comwhereby the Renter agrees to release, discharge, hold harmless, defend and all employeesindemnify PBCB and its directors, officers, shareholdersagents, and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of service or otherwise which may arise out of a Renter's use of a Sailboat, Kayak, Canoe, Sunfish Paddle Boarding (herein called “Equipment”) premises or facilities or Renter's participation in Sailing, Kayaking, Canoeing, Sunfish sailing or paddle boarding activities. By signing this document, Renter acknowledges that he/she specifically understands he/she (Renter) is releasing, discharging, and waiving any and all claims or actions that he/she may have at the present time, or in the future, for negligent acts, omissions or other conduct by the owners, agents, representativesofficers or employees of PBCB. Please initial each item and sign below to acknowledge acceptance of this agreement Renter shall obey all local state, partnersfederal and local Boating Regulations, lessorslaws, insurersordinances and lawful directives from appropriate emergency or law enforcement personal, assigns and other parties related thereto, and of while operating or renting any Equipment from PBCB. Renter is solely responsible for any citation or violation occurring during the corporate parent Mast Advertising & Publishing, Inc. The “User(s)” include the renter of the equipment; any operator, passengeruse of, or participant in any activity involving the equipment; any minor in the care or under the supervision as a result of any User; and the heirs, executors, administrators, succes- sors and assigns of the foregoing. Renter and all other Users signing below agree that they will be the only operators, passengers or otherwise the only users of the rented equipment. Each User below further agrees that if any other party or individual is allowed to use the rented equipment, each of the undersigned will be personally liable for any damages to such unauthorized Users or damages to others caused by such unauthorized User, even if such damages arise out of the negligence or fault of Owner. ACKNOWLEDGMENT OF RISKS - The undersigned hereby acknowledge that some, but not all of the risks of participating in water-sport activities and the transportation and use of watercraft and other rented equipment include: road accidents; damage to the transporting automobile; failure of transporting attachments such as roof racks and trailers; unpredictable currents and water flow; collisions with submerged objects and other watercraft; capsizing or sinking of watercraft; exposure and hypothermia; encounters with wildlife and insects; lightning strikes; equipment and opera- tor errors; incapacitation due to illness; becoming lost or otherwise requiring expensive rescue; dangerous winds and storms; expensive damages to the rented equipment and to the property of others; and any other event that may cause expense, illness, injury or death. EXPRESS ASSUMPTION OF RISK – Each undersigned hereby agrees that each is operating or using the equipment provided by Owner at his/her own riskany Equipment. Each undersigned agrees Renter represents that he/she is voluntarily participating capable of safely operating and handling the Equipment and finds it in all activities related GOOD working order, condition and repair. Renter represents that he/she has adequate skills, knowledge and experience to safely complete the rental, operation, or use planned activity and that adequate preparations have been made to ensure safe completion of the rental equipmenttrip. Each undersigned assumes full responsibility for the risks of personal injury, accidents or illness, and any resultant expenses from any such risk, damage or loss to themselves, any other User, the rented equipment and for any personal injury or property loss caused by any User while using the rented equipment, even if the risks arise out of the negligence or fault of Owner. WAIVER/RELEASE OF LIABILITY - By the execution of this Release, the undersigned voluntarily releases, forever discharges and agrees to indemnify and hold harmless Owner from Renter shall bear any and all liability risk and responsibility of any nature and for any and all damage, loss or theft of the Equipment rented or any portions thereof, including, but not limited to vandalism or theft, and shall pay PBCB the FULL RETAIL COST of REPLACEMENT. Ask for boat and equipment replacement price list. Renter shall return all rented Equipment on time and in same exact condition as received. Minimum charges for late returns, repairs, labor, cleaning and re-inflation will be applied in the event rental Equipment require repair, excessive cleaning or inflation. Renter agrees to use all Equipment for its designed purpose only. Ask for list of minimum charges. Renter acknowledges that he/she has read and understands all Rules and Regulations for Equipment use at PBCB and understands the limits of where within Pleasant Bay Equipment may be used, has examined the map of Pleasant Bay showing clearly the limits and agrees to abide by such limits. If the Rules are not followed or boundary limits are exceeded, all member boating privileges will be revoked. RECOGNITION OF RISK: Renter expressly acknowledges that sailing, kayaking, canoeing are activities with inherent risks of injury to persons and property. Renter is aware of those risks and understands them FULLY. Renter acknowledges that PFD's (lifejackets) are made available and that ALL RENTERS ARE REQUIRED TO WEAR PFD's/ LIFEJACKESAT ALL TIMESWHILE USING RENTAL EQUIPMENT. Renter understands that a PFD does not remove all risks of injury or damage arising from personal injuries death; nor does PFD use the Equipment safe activities. Renter alone has determined the sufficiency of any safety gear or property damage sustained other precautions that the Renter decides to take to minimize the risks of said activity. No party related to PBCB, including its employees and volunteers, has made any representations regarding the safety, or caused the risks of the activity. Renter expressly assumes all risks of the activity. This agreement constitutes the entire agreement between PBCB and Renter and no term may be voided or modified (including provision against oral modification) except in writing signed by the undersigned both parties. There are no warranties, expressed or any other User or minor children under the undersigned’s custodyimplied, careby PBCB to Renter, except as contained herein, and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by Owner regardless of the cause. The undersigned as- sumes full responsibility for any such injuries or damages which may occur. The undersigned specifically agrees that Owner PBCB shall not be responsible liable for such injuries, damages, any loss or theftinjury to Renter, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY OWNER whether such negligence nor to anyone else, of any kind or however caused. This agreement is present at the signing one of this Release or takes place bailment only, and Renter is not PBCB’s agent while using Equipment. The laws in the futurestate of Massachusetts shall govern this agreement. This Waiver NON COMPLIANCE WITH THE ABOVE AGREEMENT MAY RESULT IN ADDITIONAL CHARGES FOR LOSS OR DAMAGE.I have read and Release does not apply fully understand the above. I fully agree to gross negligence or intentional torts by Owner.the terms and conditions as stated. I fully agree to Pleasant Bay Community Boating Inc. refund policy. Signature: Date: Print Name: Address: City: State: Zip: Driver's License Number: Issuing State: Cell Phone: Local: Email for receipt: Name on Card: Card Type: VISA M/C AMEX DISC Account Number: Expires: CVC: Billing Address: City: State: Zip: Xxx Xxxxx Waterfront Director Pleasant Bay Community Boating 0000 Xxxxx 00 Xxxxx Xxxx Xxxxxxx, XX 00000

Appears in 1 contract

Samples: pbcb.cc

Waiver and Release of Liability. PARTIES TO THIS AGREEMENT - The “Owner” In consideration of, and in recognition of the rented equipment includes LowerGear Outdoors; LowerGear Rentalsinherent risks of the activity associated with the use of the Climbnasium facility, lowergear. comI agree, on behalf of myself, my heirs, representatives, successors, executors, administrators, and all employeesassigns, to hereby release, waive, discharge, and agree not to sue Climbnasium, Inc., its officers, directors, shareholders, agents, representatives, partners, lessors, insurers, assigns and other parties related theretovolunteers, and employees, from any and all claims and demands, obligations, and/or causes of the corporate parent Mast Advertising & Publishingaction of any nature whatsoever which I may have against Climbnasium, Inc. The “User(s)” include the renter Inc., its officers, directors, shareholders, agents, volunteers, and employees, on account of the equipment; any operatorpersonal injury, passengerproperty damage, death or participant accident of any kind, arising out of or in any activity involving way connected with the equipment; any minor in the care or under the supervision of any User; and the heirs, executors, administrators, succes- sors and assigns of the foregoing. Renter and all other Users signing below agree that they will be the only operators, passengers or otherwise the only users of the rented equipment. Each User below further agrees that if any other party or individual is allowed to use the rented equipment, each of the undersigned will be personally liable for any damages to such unauthorized Users or damages to others caused by such unauthorized User, even if such damages arise out of the negligence or fault of Owner. ACKNOWLEDGMENT OF RISKS - The undersigned hereby acknowledge that some, but not all of the risks of participating in water-sport activities and the transportation and use of watercraft and other rented equipment include: road accidents; damage to the transporting automobile; failure of transporting attachments such as roof racks and trailers; unpredictable currents and water flow; collisions with submerged objects and other watercraft; capsizing or sinking of watercraft; exposure and hypothermia; encounters with wildlife and insects; lightning strikes; equipment and opera- tor errors; incapacitation due to illness; becoming lost or otherwise requiring expensive rescue; dangerous winds and storms; expensive damages to the rented equipment and to the property of others; and any other event that may cause expense, illness, injury or death. EXPRESS ASSUMPTION OF RISK – Each undersigned hereby agrees that each is operating or using the equipment provided by Owner at his/her own risk. Each undersigned agrees that he/she is voluntarily participating in all activities related to the rental, operation, or use of the rental Climbnasium, Inc. facility or equipment. Each undersigned assumes full responsibility for the risks of personal injury, accidents whether my use is supervised or illnessunsupervised, and any resultant expenses from any such risk, damage or loss to themselves, any other User, the rented equipment and for any personal injury or property loss caused by any User while using the rented equipment, even if the risks arise out of the negligence or fault of Owner. WAIVER/RELEASE OF LIABILITY - By the execution of this Release, the undersigned voluntarily releases, forever discharges and agrees I agree to indemnify and hold harmless Owner the persons or entities mentioned in this paragraph from any and all liability of any nature for any and all injury liabilities or damage arising from personal injuries claims made by other individuals or property damage sustained or caused by the undersigned or any other User or minor children under the undersigned’s custody, care, and control, entities as a result of my actions. I further certify, acknowledge and agree on behalf of myself that: (1) I am physically and mentally capable of participating in the activity and/or use of the equipment; (2) I assume responsibility for and voluntarily assume the risks of any personal injury, death and all activities related expenses involved with this activity; (3) I assume responsibility for damage to my personal property; (4) I assume the responsibility to question the staff of Climbnasium, Inc. if I hear, see or feel that anything is questionable, dangerous, incorrect, or unclear; (5) I assume the risks for accidents or injury caused by the negligence of my belayer or spotter; (6) I further acknowledge, on behalf of myself, that wearing appropriate clothing and footwear are basic safety precautions and that wearing a UIAA approved helmet may help to prevent head and neck injuries. AUTHORIZATION OF INVOLVEMENT: In signing this form, I testify that I have read and understand the contents herein. I accept that this agreement cannot be orally or otherwise modified. This agreement is legally binding. I hereby agree and acknowledge that any claim or dispute arising from or related to the rentalAcknowledgment of Risk, operation, or use of equipment provided by Owner regardless of the cause. The undersigned as- sumes full responsibility for any such injuries or damages which may occur. The undersigned specifically agrees that Owner shall not be responsible for such injuries, damages, loss or theft, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY OWNER whether such negligence is present at the signing of this Release or takes place in the future. This Waiver and Release of Liability granted herein or the relationship of the parties in any respect thereto shall be brought within twelve (12) months of any occurrence or discovery (or forever waived) and shall be settled only by mediation, or, if necessary to resolve the dispute, legally binding arbitration. Judgment upon mediation or arbitration award may be entered in any Court otherwise having jurisdiction and such mediation or arbitration is the sole remedy and is non-appealable. THE UNDERSIGNED HAS READ THE ABOVE ACKNOWLEDGMENT OF RISK, WAIVER AND RELEASE OF LIABILITY , UNDERSTANDS THAT HE/SHE HAS GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND IS SIGNING IT VOLUNTARILY. DATE SIGNATURE (Parent or Guardian if under 18) HELMET WAIVER I, the undersigned, recognize the dangers inherent with climbing activities. I wish to participate in climbing activities. I realize that I am subject to injury from this activity and that no form of preparation can remove all of the danger to which I am exposing myself. I have been offered a protective safety helmet, which can help prevent injury and/or permanent brain damage in the event of any accident. Against advice of Climbnasium, Inc. and the insurance underwriters, I am refusing this critical safety precaution. I am assuming all hazards of risk upon myself. Participant must write on the line below – “I have read, understand, and accept the helmet waiver” DATE SIGNATURE (Parent or Guardian if under 18) PRINT NAME PRINT NAME CLIMBNASIUM, INC. SAFETY POLICIES AND PROCEDURES The following are the Safety Policies and Procedures for Climbnasium, Inc. Responsibly following these policies and procedures reduces, but does not apply eliminate the possibility of injury. All climbers must alert the Climbnasium, Inc. facility staff of any mental or physical limitations that would inhibit their participation in the climbing activity. Each new belayer must be certified by a Climbnasium, Inc. facility staff member. No unbelayed climbing over bouldering line (hand line). Failure to gross negligence or intentional torts comply with this policy may result in the withdrawal of climbing privileges. All climbing harnesses, knots and carabiners will be double checked by Owner.a Climbnasium certified belayer before top rope climbing will commence. Participants will use the verbal belay commands when climbing, such as:

Appears in 1 contract

Samples: www.bsatroop103.org

Waiver and Release of Liability. PARTIES TO THIS AGREEMENT - The “Owner” This Rental Equipment Agreement, Waiver and Release of Liability is between Pleasant Bay Community Boating Inc. Harwich, Massachusetts, (herein called "PBCB") and the rented equipment includes LowerGear Outdoors; LowerGear Rentalsundersigned (herein called "Renter"). This agreement also constitutes a Wavier and Release of Liability, lowergear. comwhereby the Renter agrees to release, discharge, hold harmless, defend and all employeesindemnify PBCB and its directors, officers, shareholdersagents, and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of service or otherwise which may arise out of a Renter's use of a Sailboat, Kayak, Canoe, Sunfish Paddle Boarding (herein called “Equipment”) premises or facilities or Renter's participation in Sailing, Kayaking, Canoeing, Sunfish sailing or paddle boarding activities. By signing this document, Xxxxxx acknowledges that he/she specifically understands he/she (Renter) is releasing, discharging, and waiving any and all claims or actions that he/she may have at the present time, or in the future, for negligent acts, omissions or other conduct by the owners, agents, representativesofficers or employees of PBCB. Please initial each item and sign below to acknowledge acceptance of this agreement Renter shall obey all local state, partnersfederal and local Boating Regulations, lessorslaws, insurersordinances and lawful directives from appropriate emergency or law enforcement personal, assigns and other parties related thereto, and of while operating or renting any Equipment from PBCB. Renter is solely responsible for any citation or violation occurring during the corporate parent Mast Advertising & Publishing, Inc. The “User(s)” include the renter of the equipment; any operator, passengeruse of, or participant in any activity involving the equipment; any minor in the care or under the supervision as a result of any User; and the heirs, executors, administrators, succes- sors and assigns of the foregoing. Renter and all other Users signing below agree that they will be the only operators, passengers or otherwise the only users of the rented equipment. Each User below further agrees that if any other party or individual is allowed to use the rented equipment, each of the undersigned will be personally liable for any damages to such unauthorized Users or damages to others caused by such unauthorized User, even if such damages arise out of the negligence or fault of Owner. ACKNOWLEDGMENT OF RISKS - The undersigned hereby acknowledge that some, but not all of the risks of participating in water-sport activities and the transportation and use of watercraft and other rented equipment include: road accidents; damage to the transporting automobile; failure of transporting attachments such as roof racks and trailers; unpredictable currents and water flow; collisions with submerged objects and other watercraft; capsizing or sinking of watercraft; exposure and hypothermia; encounters with wildlife and insects; lightning strikes; equipment and opera- tor errors; incapacitation due to illness; becoming lost or otherwise requiring expensive rescue; dangerous winds and storms; expensive damages to the rented equipment and to the property of others; and any other event that may cause expense, illness, injury or death. EXPRESS ASSUMPTION OF RISK – Each undersigned hereby agrees that each is operating or using the equipment provided by Owner at his/her own riskany Equipment. Each undersigned agrees Renter represents that he/she is voluntarily participating capable of safely operating and handling the Equipment and finds it in all activities related GOOD working order, condition and repair. Renter represents that he/she has adequate skills, knowledge and experience to safely complete the rental, operation, or use planned activity and that adequate preparations have been made to ensure safe completion of the rental equipmenttrip. Each undersigned assumes full responsibility for the risks of personal injury, accidents or illness, and any resultant expenses from any such risk, damage or loss to themselves, any other User, the rented equipment and for any personal injury or property loss caused by any User while using the rented equipment, even if the risks arise out of the negligence or fault of Owner. WAIVER/RELEASE OF LIABILITY - By the execution of this Release, the undersigned voluntarily releases, forever discharges and agrees to indemnify and hold harmless Owner from Renter shall bear any and all liability risk and responsibility of any nature and for any and all damage, loss or theft of the Equipment rented or any portions thereof, including, but not limited to vandalism or theft, and shall pay PBCB the FULL RETAIL COST of REPLACEMENT. Ask for boat and equipment replacement price list. Renter shall return all rented Equipment on time and in same exact condition as received. Minimum charges for late returns, repairs, labor, cleaning and re-inflation will be applied in the event rental Equipment require repair, excessive cleaning or inflation. Renter agrees to use all Equipment for its designed purpose only. Ask for list of minimum charges. Renter acknowledges that he/she has read and understands all Rules and Regulations for Equipment use at PBCB and understands the limits of where within Pleasant Bay Equipment may be used, has examined the map of Pleasant Bay showing clearly the limits and agrees to abide by such limits. If the Rules are not followed or boundary limits are exceeded, all member boating privileges will be revoked. RECOGNITION OF RISK: Renter expressly acknowledges that sailing, kayaking, canoeing are activities with inherent risks of injury to persons and property. Renter is aware of those risks and understands them FULLY. Renter acknowledges that PFD's (lifejackets) are made available and that ALL RENTERS ARE REQUIRED TO WEAR PFD's/ LIFEJACKESAT ALL TIMESWHILE USING RENTAL EQUIPMENT. Renter understands that a PFD does not remove all risks of injury or damage arising from personal injuries death; nor does PFD use the Equipment safe activities. Renter alone has determined the sufficiency of any safety gear or property damage sustained other precautions that the Renter decides to take to minimize the risks of said activity. No party related to PBCB, including its employees and volunteers, has made any representations regarding the safety, or caused the risks of the activity. Renter expressly assumes all risks of the activity. This agreement constitutes the entire agreement between PBCB and Renter and no term may be voided or modified (including provision against oral modification) except in writing signed by the undersigned both parties. There are no warranties, expressed or any other User or minor children under the undersigned’s custodyimplied, careby PBCB to Renter, except as contained herein, and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by Owner regardless of the cause. The undersigned as- sumes full responsibility for any such injuries or damages which may occur. The undersigned specifically agrees that Owner PBCB shall not be responsible liable for such injuries, damages, any loss or theftinjury to Renter, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY OWNER whether such negligence nor to anyone else, of any kind or however caused. This agreement is present at the signing one of this Release or takes place bailment only, and Renter is not PBCB’s agent while using Equipment. The laws in the futurestate of Massachusetts shall govern this agreement. This Waiver NON COMPLIANCE WITH THE ABOVE AGREEMENT MAY RESULT IN ADDITIONAL CHARGES FOR LOSS OR DAMAGE.I have read and Release does not apply fully understand the above. I fully agree to gross negligence or intentional torts by Owner.the terms and conditions as stated. I fully agree to Pleasant Bay Community Boating Inc. refund policy. Signature: Date: Print Name: Address: City: State: Zip: Driver's License Number: Issuing State: Cell Phone: Local: Email for receipt: Name on Card: Card Type: VISA M/C AMEX DISC Account Number: Expires: CVC: Billing Address: City: State: Zip: Xxx Xxxxx Waterfront Director Pleasant Bay Community Boating 0000 Xxxxx 00 Xxxxx Xxxx Xxxxxxx, XX 00000

Appears in 1 contract

Samples: pbcb.cc

Waiver and Release of Liability. PARTIES TO THIS AGREEMENT - The “Owner” In consideration of the rented equipment includes LowerGear Outdoors; LowerGear RentalsFood for All Community Garden Project permitting participation in its volunteer gardening activities, lowergearI agree as follows: I fully understand that there are risks and potential hazards when rendering service associated with the gardening project activities at the Food for All Community Garden Project. comThese risks include, without limitation, the uncertainties of the weather, collisions while traveling by vehicle to the activity, altercations with other people, and all employees, officers, shareholders, agents, representatives, partners, lessors, insurers, assigns with the uncertainty of conditions in an outdoor environment. I understand that the description of these risks is not complete and that other parties related thereto, and of the corporate parent Mast Advertising & Publishing, Inc. The “User(s)” include the renter of the equipment; any operator, passenger, unknown or participant unanticipated risks may result in any activity involving the equipment; any minor in the care or under the supervision of any User; and the heirs, executors, administrators, succes- sors and assigns of the foregoing. Renter and all other Users signing below agree that they will be the only operators, passengers or otherwise the only users of the rented equipment. Each User below further agrees that if any other party or individual is allowed to use the rented equipment, each of the undersigned will be personally liable for any damages to such unauthorized Users or damages to others caused by such unauthorized User, even if such damages arise out of the negligence or fault of Owner. ACKNOWLEDGMENT OF RISKS - The undersigned hereby acknowledge that some, but not all of the risks of participating in water-sport activities and the transportation and use of watercraft and other rented equipment include: road accidents; damage to the transporting automobile; failure of transporting attachments such as roof racks and trailers; unpredictable currents and water flow; collisions with submerged objects and other watercraft; capsizing or sinking of watercraft; exposure and hypothermia; encounters with wildlife and insects; lightning strikes; equipment and opera- tor errors; incapacitation due to illness; becoming lost or otherwise requiring expensive rescue; dangerous winds and storms; expensive damages to the rented equipment and to the property of others; and any other event that may cause expense, illness, injury or death. EXPRESS ASSUMPTION I UNDERSTAND WITH FULL KNOWLEDGE THAT THERE ARE RISKS INVOLVED, AND I ACCEPT AND ASSUME ALL RISK OF RISK – Each undersigned hereby agrees THE ACTIVITY WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, FORESEEABLE OR UNFORESEEN. I UNDERSTAND THAT THESE RISKS MAY INCLUDE LOSS OF PROPERTY OR INJURY TO PERSON OR DEATH. I agree for my heirs, successors and assigns, that each is operating or using the equipment provided by Owner at his/her own risk. Each undersigned agrees that he/she is voluntarily participating in I release HOTEL INC and Holy Apostles Orthodox Mission, its director, board of directors, agents, volunteers and employees from any and all activities related to the rentalclaims, operation, or use of the rental equipment. Each undersigned assumes full responsibility for the risks of personal injury, accidents or illnessdamages, and any resultant expenses from any such riskinjuries, damage including all injuries to person or loss to themselvesproperty, any other User, the rented equipment and for any personal injury arising directly or property loss caused by any User while using the rented equipment, even if the risks arise indirectly out of the negligence activity provided by HOTEL INC/Holy Apostles Orthodox Mission at its Food for All Community Garden Project. This release and the following indemnification includes any claims arising, in whole or fault in part from negligent acts or omissions of OwnerHOTEL INC and Holy Apostles Orthodox Mission its director, board of directors, agents, volunteers or employees. WAIVER/RELEASE OF LIABILITY - By the execution of this ReleaseI agree for my heirs, the undersigned voluntarily releasessuccessors and assigns, forever discharges and agrees to that I shall defend, indemnify and hold harmless Owner business and church director, board of directors, agents, volunteers and employees from any all losses, claims, expenses and all liability demand, including attorney fees, that may be incurred by HOTEL INC/Holy Apostles Orthodox Mission its director, board of any nature for any directors, agents, volunteers and all injury employees, that are related, directly or damage arising from personal injuries or property damage sustained or caused by indirectly to me participating in the undersigned or any other User or minor children under the undersigned’s custody, care, and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by Owner regardless of the cause. The undersigned as- sumes full responsibility for any such injuries or damages which may occur. The undersigned specifically agrees that Owner shall not be responsible for such injuries, damages, loss or theft, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY OWNER whether such negligence is present business and church at the signing of this Release or takes place in the futureFood for All Community Garden Project. This Waiver and Release does not apply to gross negligence or intentional torts by Owner.I HAVE CAREFULLY READ, CLEARLY UNDERSTAND AND VOLUNTARILY SIGN THIS PARTICIPATION, RELEASE AND INDEMNIFICATION AGREEMENT. I INTEND BY SIGNING THIS AGREEMENT TO INDUCE HOTEL INC/HOLY APOSTLES ORTHODOX MISSION, TO PROVIDE ACTIVITIES AT THE FOOD FOR ALL COMMUNITY GARDEN PROJECT. Signature Date Witness signature Date Print Name Print Name Xxxxxxx Xxxxxxx Xxxx Xxxxx Xxx Xxxx Xxxxx Zip

Appears in 1 contract

Samples: hotelincbg.com

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Waiver and Release of Liability. PARTIES TO THIS AGREEMENT - The “Owner” Licensee recognizes that use of one or more Parking Spaces and attendance in / at the rented equipment includes LowerGear Outdoors; LowerGear RentalsLot is voluntary and may result in personal injury (including death) and/or property loss or property damage (including without limitation theft of vehicle contents and vehicle damage). The Licensee, lowergear. comby accepting the Licence, by using a Parking Pass and/or by bringing any vehicle into the Lot, acknowledges and all employees, officers, shareholders, agents, representatives, partners, lessors, insurers, assigns assumes (on behalf of himself/herself and any minor(s) and other parties related theretopersons accompanying him/her) all risks and dangers associated with using the Parking Space(s), driving a vehicle in the Lot and attending at / in the Lot, including specifically (but not exclusively) any incidents or accidents associated with crowds of people, the corporate parent Mast Advertising & Publishing, Inc. The “User(s)” include the renter actions of the equipment; any operator, passengerother drivers, or participant in any activity involving the equipment; any minor in the care negligence or under the supervision misconduct of any User; and the heirs, executors, administrators, succes- sors and assigns of the foregoing. Renter and all other Users signing below agree that they will be the only operators, passengers or otherwise the only users of the rented equipmentLot. Each User below further The Licensee agrees (on behalf of himself/herself and any minor(s) and other persons accompanying him/her) that if any other party or individual is allowed to use the rented equipmentReleased Entities (as defined above), each of the undersigned will not be personally liable responsible for any damages to such unauthorized Users or damages to others caused by such unauthorized User, even if such damages arise out of the negligence or fault of Owner. ACKNOWLEDGMENT OF RISKS - The undersigned hereby acknowledge that some, but not all of the risks of participating in water-sport activities and the transportation and use of watercraft and other rented equipment include: road accidents; damage to the transporting automobile; failure of transporting attachments such as roof racks and trailers; unpredictable currents and water flow; collisions with submerged objects and other watercraft; capsizing or sinking of watercraft; exposure and hypothermia; encounters with wildlife and insects; lightning strikes; equipment and opera- tor errors; incapacitation due to illness; becoming lost or otherwise requiring expensive rescue; dangerous winds and storms; expensive damages to the rented equipment and to the property of others; and any other event that may cause expense, illness, injury or death. EXPRESS ASSUMPTION OF RISK – Each undersigned hereby agrees that each is operating or using the equipment provided by Owner at his/her own risk. Each undersigned agrees that he/she is voluntarily participating in all activities related to the rental, operation, or use of the rental equipment. Each undersigned assumes full responsibility for the risks of personal injury, accidents property damage, or illness, and any resultant expenses from any such risk, damage or other loss to themselves, any other User, the rented equipment and for any personal injury or property loss caused by any User while using the rented equipment, even if the risks arise out of the negligence or fault of Owner. WAIVER/RELEASE OF LIABILITY - By the execution of this Release, the undersigned voluntarily releases, forever discharges and agrees to indemnify and hold harmless Owner from any and all liability of any nature for any and all injury or damage arising from personal injuries or property damage sustained or caused by the undersigned or any other User or minor children under the undersigned’s custody, care, and control, suffered as a result of any and all activities related to the rental, operation, or (a) use of equipment provided by Owner regardless any Parking Space, driving in the Lot or attendance at / in the Lot and/or (b) the negligence of any of the causeReleased Entities. The undersigned as- sumes full responsibility for any such injuries or damages which may occurTHE LICENSEE, BY ACCEPTING THE LICENSE AND/OR BY USING A PARKING SPACE, IS DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED ENTITIES TO THE FULLEST EXTENT PERMITTED BY LAW. The undersigned specifically agrees that Owner shall not be responsible for such injuriesIF MINOR(S) IS/ARE ACCOMPANYING THE LICENSEE AT THE LOT, damagesTHE LICENSEE IS DEEMED TO HAVE GIVEN ALL OF THE FOREGOING GRANTS OF RIGHTS, loss or theftRELEASES AND WAIVERS ON BEHALF OF SUCH MINOR(S). IF THE LICENSEE DOES NOT WISH TO OR IS NOT AUTHORIZED TO GRANT SUCH RIGHTS, EVEN IN RELEASES AND WAIVERS ON BEHALF OF THE EVENT ACCOMPANIED MINOR(S), THE LICENSEE MUST NOT ENTER THE LOT WITH THE MINOR(S). THE FOREGOING RELEASES WILL SURVIVE THE EXPIRATION OR EARLY TERMINATION OF NEGLIGENCE OR FAULT BY OWNER whether such negligence is present at the signing of this Release or takes place in the future. This Waiver and Release does not apply to gross negligence or intentional torts by OwnerTHIS LICENCE.

Appears in 1 contract

Samples: content.mlb.com

Waiver and Release of Liability. PARTIES TO THIS AGREEMENT - The “Owner” In consideration of permission to participate in GPS Activities, today and on all future dates, I, the rented equipment includes LowerGear Outdoors; LowerGear RentalsPARTICIPANT/PARENT, lowergear. comon behalf of myself, my spouse, my child, my heirs, personal representatives, and all employeesassigns (collectively referred to herein, as “Releasing Parties”) do hereby release, waive, discharge, and covenant not to xxx GPS, any of their affiliates, of any of their owners, directors, officers, shareholdersemployees, volunteers, coaches, instructors, referees, independent contractors, equipment providers, agents, representativesco-participants, partnerssponsors, lessorsadvertisers, insurersand, assigns if applicable, the owners and other parties related thereto, and lessors of the corporate parent Mast Advertising & Publishingpremises on which the GPS Activities take place (collectively referred to herein, Inc. The as User(s)” include the renter of the equipment; any operator, passenger, or participant in any activity involving the equipment; any minor in the care or under the supervision of any User; and the heirs, executors, administrators, succes- sors and assigns of the foregoing. Renter and all other Users signing below agree that they will be the only operators, passengers or otherwise the only users of the rented equipment. Each User below further agrees that if any other party or individual is allowed to use the rented equipment, each of the undersigned will be personally liable for any damages to such unauthorized Users or damages to others caused by such unauthorized User, even if such damages arise out of the negligence or fault of Owner. ACKNOWLEDGMENT OF RISKS - The undersigned hereby acknowledge that some, but not all of the risks of participating in water-sport activities and the transportation and use of watercraft and other rented equipment include: road accidents; damage to the transporting automobile; failure of transporting attachments such as roof racks and trailers; unpredictable currents and water flow; collisions with submerged objects and other watercraft; capsizing or sinking of watercraft; exposure and hypothermia; encounters with wildlife and insects; lightning strikes; equipment and opera- tor errors; incapacitation due to illness; becoming lost or otherwise requiring expensive rescue; dangerous winds and storms; expensive damages to the rented equipment and to the property of others; and any other event that may cause expense, illness, injury or death. EXPRESS ASSUMPTION OF RISK – Each undersigned hereby agrees that each is operating or using the equipment provided by Owner at his/her own risk. Each undersigned agrees that he/she is voluntarily participating in all activities related to the rental, operation, or use of the rental equipment. Each undersigned assumes full responsibility for the risks of personal injury, accidents or illness, and any resultant expenses from any such risk, damage or loss to themselves, any other User, the rented equipment and for any personal injury or property loss caused by any User while using the rented equipment, even if the risks arise out of the negligence or fault of Owner. WAIVER/RELEASE OF LIABILITY - By the execution of this Release, the undersigned voluntarily releases, forever discharges and agrees to indemnify and hold harmless Owner Protected Parties”) from any and all liability liability, claims, demands, or causes of action, including all costs, medical expenses and attorney fees, that the PARTICIPANT/PARENT may have by reason of any nature for GPS Activities, including, without limitation, any claim arising by reason of any of the Protected Parties’ negligence, or by any act or failure to act, or by any hidden, latent, or obvious defects in any equipment used during any GPS Activities, whether or not supplied or inspected by Protected Parties. I covenant not to make or bring any such claim against GPS or any other Protected Party, and forever release and discharge GPS and all other Protected Parties from liability under such claims. This Assumption Of Risk, Waiver, Release of Liability, and Indemnification Agreement (this “Agreement”) applies to 1) personal injury (including death) from incidents or illnesses arising from participation in GPS Activities (including, but not limited to, team tryouts, halftime activities at games, team promotional events, special events, soccer clinics, soccer camps, and soccer games; this includes instruction or classes, observation, use of facilities or equipment, shower/locker room area, and all premises including the associated sidewalks and parking lots) and travel to any of the foregoing; and to 2) any and all injury or claims resulting from the damage arising from personal injuries or property damage sustained or caused by the undersigned or any other User or minor children under the undersigned’s custodyto, care, and control, as a result of any and all activities related to the rental, operationloss of, or use theft of equipment provided by Owner regardless of the cause. The undersigned as- sumes full responsibility for any such injuries or damages which may occur. The undersigned specifically agrees that Owner shall not be responsible for such injuries, damages, loss or theft, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY OWNER whether such negligence is present at the signing of this Release or takes place in the future. This Waiver and Release does not apply to gross negligence or intentional torts by Ownerproperty.

Appears in 1 contract

Samples: cdn4.sportngin.com

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