Southflake Ranch
RELEASE AND WAIVER OF LIABILITY AND ASSUMPTION OF RISK _______________________________________________________________________________________>>>>> I AM AWARE AND UNDERSTAND THAT THEACTIVITIES ARE POTENTIALLY DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUSINJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANYINJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS,OMISSIONS, OR NEGLIGENCE OF THE HOST, INCLUDING NEGLIGENT EMERGENCY RESPONSE ORRESCUE OPERATIONS OF THE HOST. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT IAM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE AND AN EXPRESSUNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANYAND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROMMY PARTICIPATION IN OR OBSERVATION OF THE ACTIVITIES, WHETHER CAUSED BY THEORDINARY NEGLIGENCE OF THE HOST OR OTHERWISE. >>>>> I HEREBY EXPRESSLY WAIVE AND RELEASEANY AND ALL CLAIMS, NOW KNOWN OR HEREAFTER KNOWN, AGAINST THE HOST, AND ITS EMPLOYEES,AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “RELEASEES”), ONACCOUNT OF INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE ARISING OUT OF OR ATTRIBUTABLETO MY PARTICIPATION IN OR OBSERVATION OF THE ACTIVITIES, WHETHER ARISING OUT OFTHE ORDINARY NEGLIGENCE OF THE HOST OR ANY RELEASEES OR OTHERWISE. I COVENANTNOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST THE HOST OR ANY OTHER RELEASEE, ANDFOREVER RELEASE AND DISCHARGE THE HOST AND ALL OTHER RELEASEES FROM LIABILITYUNDER SUCH CLAIMS. >>>>> I SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESSTHE HOST AND ALL OTHER RELEASEES AGAINST ANY AND ALL LOSSES, DAMAGES,LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST,AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING ATTORNEYFEES, FEES, THE COSTS OF ENFORCING ANY RIGHT TO INDEMNIFICATION UNDER THISRELEASE, AND THE COST OF PURSUING ANY INSURANCE PROVIDERS, INCURRED BY/AWARDEDAGAINST THE HOST OR ANY OTHER RELEASEES ARISING OUT OF OR RESULTING FROM ANYCLAIM OF A THIRD PARTY RELATED TO THE ACTIVITIES, INCLUDING ANY CLAIM RELATEDTO MY OWN NEGLIGENCE OR THE ORDINARY NEGLIGENCE OF THE HOST. >>>>>I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activities. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Host from any claim based on such treatment or other medical services. >>>>>This Release constitutes the sole and entire agreement of the Host and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release or the application thereof to any party or circumstance is held invalid, illegal, or unenforceable to any extent in any jurisdiction, then the remaining terms and provisions of this Release and their application to other parties or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted bylaw. This Release is binding on and shall inure to the benefit of the Host and me and their respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Texas, excluding any conflict-of-laws rule or principle that might refer the governance or the construction of this agreement to the laws of another jurisdiction. Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Travis County, Texas and I hereby consent to the exclusive jurisdiction of such courts. >>>>>BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTOODALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIALLEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE HOST, WITHOUT ANY INDUCEMENT,ASSURANCE, OR GUARANTEE BEING MADE TO ME. I COMPLETELY AND UNCONDITIONALLYRELEASE ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
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