Common use of EXPRESS ASSUMPTION OF RISK Clause in Contracts

EXPRESS ASSUMPTION OF RISK. CAUTION! Read before signing. Initial : ▇▇▇▇▇▇ acknowledges that the operation of a watercraft has inherent risks that may lead to bodily injury or death. ▇▇▇▇▇▇ further understands that He/She and/or any passenger and/or users are not bound or required to participate in any activities presented to them, but have willingly and voluntarily decided to participate. As LESSEE, I have no health restrictions which would prevent me from participating in any activities or entering into this agreement. I realize that I and all passengers and/or users are free to refuse to participate in any or all activities including those I/they feel uncomfortable with or which I/they feel cannot be completed safely. I/they knowingly and voluntarily assume all risk of injury, illness, damage or loss, both known and unknown, associated with the lease operation, or use of associated craft even if arising from the negligence, act, or omission of Action, and assume full responsibility for my participation. RELEASE OF LIABILITY ‐ CAUTION! Read before signing Initial : LESSEE hereby release and hold harmless Action from all liability, claims, demands or causes of action for any injury, disability, death, or loss or damage to person or property sustained by me; any adult passengers and/or minor children or passengers for who I/they am/are a parent, legal guardian, or otherwise responsible whether caused by the negligence of Action or otherwise. This includes any injury, disability, death, or loss or damage to person or property incurred as a result of hidden, latent or obvious defect on the watercraft or any of the equipment used, or any failure to properly instruct, supervise or train. COVENANT NOT TO SUE ‐ CAUTION! Read before signing Initial : As part of the consideration for using the leased equipment, I, the LESSEE, along with all passengers promise not to sue or make a claim against Action for any damage or loss suffered as a result of my participation in the leased activities. It is the intent of this lease agreement to fully and completely release Action from all claims.

Appears in 4 contracts

Sources: Watercraft Lease Agreement, Watercraft Lease Agreement, Watercraft Lease Agreement

EXPRESS ASSUMPTION OF RISK. CAUTION! Read before signing. Initial : ▇▇▇▇▇▇ LESSEE acknowledges that the operation of a watercraft has inherent risks that may lead to bodily injury or death. ▇▇▇▇▇▇ LESSEE further understands that He/She and/or any passenger and/or users are not bound or required to participate in any activities presented to them, but have willingly and voluntarily decided to participate. As LESSEE, I have no health restrictions which would prevent me from participating in any activities or entering into this agreement. I realize that I and all passengers and/or users are free to refuse to participate in any or all activities including those I/they feel uncomfortable with or which I/they feel cannot be completed safely. I/they knowingly and voluntarily assume all risk of injury, illness, damage or loss, both known and unknown, associated with the lease operation, or use of associated craft even if arising from the negligence, act, or omission of Action, and assume full responsibility for my participation. RELEASE OF LIABILITY ‐ CAUTION! Read before signing Initial : LESSEE hereby release and hold harmless Action from all liability, claims, demands or causes of action for any injury, disability, death, or loss or damage to person or property sustained by me; any adult passengers and/or minor children or passengers for who I/they am/are a parent, legal guardian, or otherwise responsible whether caused by the negligence of Action or otherwise. This includes any injury, disability, death, or loss or damage to person or property incurred as a result of hidden, latent or obvious defect on the watercraft or any of the equipment used, or any failure to properly instruct, supervise or train. COVENANT NOT TO SUE ▇▇▇ ‐ CAUTION! Read before signing Initial : As part of the consideration for using the leased equipment, I, the LESSEE, along with all passengers promise not to sue ▇▇▇ or make a claim against Action for any damage or loss suffered as a result of my participation in the leased activities. It is the intent of this lease agreement to fully and completely release Action from all claims.

Appears in 2 contracts

Sources: Watercraft Lease Agreement, Watercraft Lease Agreement

EXPRESS ASSUMPTION OF RISK. CAUTION! Read before signingI specifically affirm, acknowledge, and understand that participating in backcountry skiing, camping, mountaineering, ice climbing, alpine climbing, rock climbing, rafting, packrafting, backpacking, and related activities, as well as traveling to and from the activities (collectively “the Activities”) INCLUDE SIGNIFICANT RISKS AND HAZARDS AND MAY RESULT IN BODILY INJURY, ILLNESS, PERMANENT DISABILITY, DEATH, OR PROPERTY DAMAGE OR LOSS. Initial : ▇▇▇▇▇▇ acknowledges that The risks are part of the operation Activities and cannot be eliminated by Stock Alpine LLC. I expressly agree and promise to ACCEPT AND ASSUME ALL INHERENT, KNOWN, UNKNOWN, AND UNANTICIPATED RISKS ASSOCIATED WITH THE ACTIVITIES AND STOCK ALPINE LLC SERVICES, INCLUDING ALL RISKS ASSOCIATED WITH NEGLIGENT ACTS, INCLUDING THOSE OF STOCK ALPINE LLC. I am participating in the Activities voluntarily with knowledge of a watercraft has inherent the significant and numerous risks that may lead to bodily injury or deathand dangers involved including, but not limited to, those listed below. ▇▇▇▇▇▇ further understands that He/She and/or any passenger and/or users are not bound or required I elect to participate in any activities presented to themthe Activities in spite of the known, but have willingly unknown, and voluntarily decided to participateunanticipated risks. As LESSEETHE RISKS AND DANGERS ASSOCIATED WITH THE ACTIVITIES INCLUDE, I have no health restrictions which would prevent me from participating in any activities or entering into this agreement. I realize that I and all passengers and/or users are free to refuse to participate in any or all activities including those I/they feel uncomfortable with or which I/they feel cannot be completed safely. I/they knowingly and voluntarily assume all risk of injuryBUT ARE NOT LIMITED TO: A. Permanent disability, injuries, illness, damage or lossdeath incurred during or due to the Activities, both known and unknown, associated with the lease operationnatural hazards, or use of associated craft even if arising from the negligenceequipment; B. Avalanches causing permanent injury, actdisability, illness, death, or omission of Actionproperty loss or damage; C. Crevasse falls, and assume full responsibility for my participation. RELEASE OF LIABILITY ‐ CAUTION! Read before signing Initial : LESSEE hereby release and hold harmless Action from all liabilityfalls off cliffs, claimsor other falls causing illness, demands permanent injury or causes of action for any injury, disability, death, or property loss or damage; D. Collisions or impacts with obstacles or persons; E. My own, Stock Alpine LLC’s, or others’ equipment failure and/or malfunction due to operator error, poor maintenance, or otherwise; F. MY OWN NEGLIGENCE AND/OR OTHERS’ NEGLIGENCE, including Stock Alpine LLC’s or others’ who are participating in or near the Activities, as well as Stock Alpine LLC’s negligent training or supervision and employee, guide, volunteer, or other’s negligence; G. Inflammation, strain, tearing, compression, breaking, or damage to person or property sustained by me; any adult passengers and/or minor children or passengers for who I/they am/are a parentmuscles, legal guardianligaments, tendons, bones, or otherwise responsible whether caused nerves; H. Permanent disability, injuries, illness, or death from impaired judgment, coordination, or other body function due to altitude, including acute mountain sickness and both cerebral and pulmonary edema; I. Permanent disability, injuries, illness, or death from exposure to airborne illness, infectious disease, pandemics, or epidemics, or from not paying attention to my or others’ actions or surroundings; J. Severe injuries to the head, neck, and back that may result in severe physical impairment, pain, or even death; K. Dangers of participating in Activities without a helmet and a willingness to do so; L. Weapon discharge in or near the Activity area; M. Cold weather and heat related injuries, illness, and death, including but not limited to frostnip, frostbite, heat exhaustion, heat stroke, sunburn, hypothermia, and dehydration; N. Exposure to natural elements, including but not limited to avalanches, rock fall, ice fall, cornices, crevasses, rivers, river crossings, inclement weather, thunder and lighting, severe and/or varied wind, temperature or weather conditions; O. Attack by the negligence or encounter with insects, reptiles, and/or animals; P. Accidents or illness occurring in places without access to medical facilities; Q. Fatigue, chill, and/or dizziness, which may diminish reaction time and increase risk of Action or otherwise. This includes any accident, injury, disabilityor death; R. My sense of balance, deathphysical coordination, and ability to follow instructions; S. Stock Alpine LLC errors or omissions, including being ignorant of a participant’s abilities or failing to give adequate warnings, instructions, or loss assistance. T. Injuries, trauma, or damage to person death during the land- or property incurred as a result of hidden, latent or obvious defect on the watercraft or any air-transportation portions of the equipment usedActivities, traveling in vehicles, aircraft, chairlifts, trains, or any failure to properly instruct, supervise or train. COVENANT NOT TO SUE ‐ CAUTION! Read before signing Initial : As part of the consideration for using the leased equipment, I, the LESSEE, along with all passengers promise not to sue or make a claim against Action for any damage or loss suffered as a result of my participation in the leased activities. It is the intent of this lease agreement to fully and completely release Action from all claimstrams.

Appears in 1 contract

Sources: Release of Liability Agreement

EXPRESS ASSUMPTION OF RISK. CAUTION! Read before signingI specifically affirm, acknowledge, and understand that participating in backcountry skiing, camping, mountaineering, ice climbing, alpine climbing, rock climbing, rafting, packrafting, backpacking, and related activities, as well as travelling to and from the activities (collectively “the Activities”) INCLUDE SIGNIFICANT RISKS AND HAZARDS AND MAY RESULT IN BODILY INJURY, ILLNESS, PERMANENT DISABILITY, DEATH, OR PROPERTY DAMAGE OR LOSS. Initial : ▇▇▇▇▇▇ acknowledges that The risks are part of the operation Activities and cannot be eliminated by AGC. I expressly agree and promise to ACCEPT AND ASSUME ALL INHERENT, KNOWN, UNKNOWN, AND UNANTICIPATED RISKS ASSOCIATED WITH THE ACTIVITIES AND AGC SERVICES, INCLUDING ALL RISKS ASSOCIATED WITH NEGLIGENT ACTS, INCLUDING THOSE OF AGC. I am participating in the Activities voluntarily with knowledge of a watercraft has inherent the significant and numerous risks that may lead to bodily injury or deathand dangers involved including, but not limited to, those listed below. ▇▇▇▇▇▇ further understands that He/She and/or any passenger and/or users are not bound or required I elect to participate in any activities presented to themthe Activities in spite of the known, but have willingly unknown, and voluntarily decided to participateunanticipated risks. As LESSEETHE RISKS AND DANGERS ASSOCIATED WITH THE ACTIVITIES INCLUDE, I have no health restrictions which would prevent me from participating in any activities or entering into this agreement. I realize that I and all passengers and/or users are free to refuse to participate in any or all activities including those I/they feel uncomfortable with or which I/they feel cannot be completed safely. I/they knowingly and voluntarily assume all risk of injuryBUT ARE NOT LIMITED TO: A. Permanent disability, injuries, illness, damage or lossdeath incurred during or due to the Activities, both known and unknown, associated with the lease operationnatural hazards, or use of associated craft even if arising from the negligenceequipment; B. Avalanches causing permanent injury, actdisability, illness, death, or omission of Actionproperty loss or damage; C. Crevasse falls, and assume full responsibility for my participation. RELEASE OF LIABILITY ‐ CAUTION! Read before signing Initial : LESSEE hereby release and hold harmless Action from all liabilityfalls off cliffs, claimsor other falls causing illness, demands permanent injury or causes of action for any injury, disability, death, or property loss or damage; D. Collisions or impacts with obstacles or persons; E. My own, AGC’s, or others’ equipment failure and/or malfunction due to operator error, poor maintenance, or otherwise; F. MY OWN NEGLIGENCE AND/OR OTHERS’ NEGLIGENCE, including AGC’s or others’ who are participating in or near the Activities, as well as AGC’s negligent training or supervision and employee, guide, volunteer, or other’s negligence; G. Inflammation, strain, tearing, compression, breaking, or damage to person or property sustained by me; any adult passengers and/or minor children or passengers for who I/they am/are a parentmuscles, legal guardianligaments, tendons, bones, or otherwise responsible whether caused nerves; H. Permanent disability, injuries, illness, or death from impaired judgment, coordination, or other body function due to altitude, including acute mountain sickness and both cerebral and pulmonary edema; I. Permanent disability, injuries, illness, or death from exposure to airborne illness, infectious disease, pandemics, or epidemics, or from not paying attention to my or others’ actions or surroundings; J. Severe injuries to the head, neck, and back that may result in severe physical impairment, pain, or even death; K. Dangers of participating in Activities without a helmet and a willingness to do so; L. Weapon discharge in or near the Activity area; M. Cold weather and heat related injuries, illness, and death, including but not limited to frostnip, frostbite, heat exhaustion, heat stroke, sunburn, hypothermia, and dehydration; N. Exposure to natural elements, including but not limited to avalanches, rock fall, ice fall, cornices, crevasses, rivers, river crossings, inclement weather, thunder and lighting, severe and/or varied wind, temperature or weather conditions; O. Attack by the negligence or encounter with insects, reptiles, and/or animals; P. Accidents or illness occurring in places without access to medical facilities; Q. Fatigue, chill, and/or dizziness, which may diminish reaction time and increase risk of Action or otherwise. This includes any accident, injury, disabilityor death; R. My sense of balance, deathphysical coordination, and ability to follow instructions; S. AGC errors or omissions, including being ignorant of a participant’s abilities or failing to give adequate warnings, instructions, or loss assistance. T. Injuries, trauma, or damage to person death during the land- or property incurred as a result of hidden, latent or obvious defect on the watercraft or any air-transportation portions of the equipment usedActivities, traveling in vehicles, aircraft, chairlifts, trains, or any failure to properly instruct, supervise or train. COVENANT NOT TO SUE ‐ CAUTION! Read before signing Initial : As part of the consideration for using the leased equipment, I, the LESSEE, along with all passengers promise not to sue or make a claim against Action for any damage or loss suffered as a result of my participation in the leased activities. It is the intent of this lease agreement to fully and completely release Action from all claimstrams.

Appears in 1 contract

Sources: Release of Liability, Waiver of Claims, Express Assumption of Risk, and Indemnity Agreement