This Waiver Agreement (hereinafter referred to as the “Agreement”) is entered effectively as on [Effective Date] (hereinafter referred to as the “Effective Date”),
By and Between
[Client Name] (hereinafter referred to as the “Client”), having its principal place of business at [Client Address], and;
[Sender Company] (hereinafter referred to as the “Company”) with its principal place of business at [Sender Company Address], pursuant to the [Master Agreement Name] between the Client and the Company, signed on [Master Agreement Signed Date] (hereinafter referred to as the “Master Agreement”).
This Waiver Agreement is being signed for the purpose of laying down the terms of the waiver between the Client and the Company.
Both the Client and the Company are collectively referred to as the “Parties,” and individually as the “Party.”
By signing this Waiver Agreement, the Client agrees to the terms set forth below:
TERMS AND CONDITIONS.
1. WAIVER.
In consideration of participating in any way with the Company, its related events, and activities, the Client hereby releases, waives, discharges, and covenants not to sue the Company, its employees, trustees, or agents from any and all claims.
2. ASSUMPTION OF RISK.
The Client agrees that their participation with the Company and its related events is voluntary. The Client further agrees to assume any risk associated with the Company and shall release the Company from all claims of loss or damage that may arise during this association. Releases expected from the Client shall be considered with no bounds of limitation.
Releases expected from the Client shall be considered with no bounds of limitation. Hence, it would include attorney's fees, personal injury, property damage, and any such coherent losses or damages suffered by the Client.
3. INDEMNIFICATION.
The Client agrees to indemnify and hold the Company harmless, its employees, agents, and assigns against any losses, claims, damages, penalties, liabilities, punitive damages, expenses, and reasonable legal fees of whatsoever kind or amount that result from the negligence of or breach of this Agreement by the Company, its employees, or agents that occurs in connection with this Agreement. This section remains in full force and effect even after the termination of the Agreement.
4. RIGHT TO CANCEL.
The Company reserves the right to refuse the Client's association with the Company if it foresees that the Client or any third party may cause damage to the Company.
5. ACKNOWLEDGMENT.
The Client accepts that this Agreement shall remain in full force without the need for any amendments or modifications.
6. ARBITRATION.
In the event of any dispute arising in and out of this Agreement between the Parties, it shall be resolved by arbitration. There shall be [Number of Arbitrators] arbitrator(s), who shall be appointed by [Arbitration Appointing Party Name]. The venue of arbitration shall be [Location of Arbitration], and the Seat shall be [State of Seat]. The arbitrators' decision shall be final and binding on both Parties.
7. GOVERNING LAW.
This Agreement shall be governed by the laws of [Governing Law].
8. ENTIRE AGREEMENT.
This Agreement, therefore, constitutes the entire agreement between the Parties concerning the matter of subject hereof and, thus, supersedes all prior agreements, purchases, understandings, and negotiations, written or phonated, between the Parties.
9. SEVERABILITY.
If any term, clause, or provision of this Agreement is found unenforceable under applicable law, then Parties agree that such provision shall be severed from this Agreement, and the remaining provisions shall be enforceable in accordance with the provisions of this Agreement.
ACCEPTANCE AND SIGNATURE.
IN WITNESS WHEREOF, the Parties agree to the terms and conditions set forth above as demonstrated by their signatures as follows:
[Client Name]
[Sender Company]
Name:
Name:
Signature:
Signature:
Date:
Date:
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