RELEASE OF LIABILITY, WAIVER, AND ASSUMPTION OF RISK
WARNING: BY SIGNING THIS WAIVER YOU ARE WAIVING CERTAIN LEGAL RIGHTS. PLEASE READ THE DOCUMENT BELOW CAREFULLY.
TO: Liberty Hill Athletics and H&P Athetltics, LLC for themselves, their present and former parent(s), subsidiaries, affiliates, and related companies, and each of their respective present and former directors, officers,shareholders, employees, volunteers, servants, agents, administrators, trustees, successors, and assigns, and any party or parties who claim a right or interest through them (hereafter, “the Releasees”)RE: use of Liberty Hill Athletic's facilities (hereafter, “the Activity”)I (hereafter, “the Releasor”) desire to participate in the Activity, on the date set out below, which has been organized by the Releasees.
THE RELEASOR ACKNOWLEDGES AND ACCEPTS that the Activity is inherently risky and dangerous, and there is the possibility of personal injury, death, property damage, and/or loss resulting therefrom.
THE RELEASOR AGREES AND UNDERSTANDS that in order to participate in the Activity on the date set out below, I must agree to be bound by the terms of this Release of Liability, Waiver, and Assumption of Risk.In consideration for being allowed to participate in the Activity on the date set out below, which consideration is hereby expressly accepted and acknowledged, on behalf of myself, my representatives, heirs, agents administrators, trustees, executors, assigns, successors, and on behalf of any party or parties who claim a right or interest through me, I, THE RELEASOR, HEREBY RELEASE, ACQUIT, AND FOREVER DISCHARGE, WITHOUT QUALIFICATION OR LIMITATION, the Releasees from any and all claims I may now and/or in the future may have against the Releasees, and from any and all liability for any personal injury, death, property damage, expense, and/or loss sustained by the Releasor as a result of my participation in the Activity due to any cause not precluded by Texas State law, including (but not limited to) the inherent risks, dangers, and hazards of the Activity, the negligence or gross negligence of others, the negligence or gross negligence of Releasees, and/or willful misconduct.THE RELEASOR AGREES that I will be fully responsible for all costs and expenses that may be incurred in providing any special services to me, outside of regular services agreed to or provided by the releases in connection with the Activity, and without limiting the generality of the foregoing, agrees to be responsible for, and to pay for any and all costs relating to special travel, medical attention, or other special outlay for me personally, and to reimburse the releases for all costs of these services as may be incurred by me for my benefit or at my request. Releasor acknowledges that Releasees are not responsible for the errors, omissions, acts, or failures of any parties or entities who may also be utilizing the facility. Releasor shall be responsible for any damages to the Facility caused as a result of the willful actions, negligence, and recklessness of Releasor and/or any minor children of Releasor who may also be participating in the Activity.THE RELEASOR HEREBY confirms that by executing this agreement, I am representing that I am of the full age of majority and that I have read this agreement and understand it. The Releasor acknowledges that I am not under the influence of any substances, including alcohol, illicit drugs, or prescription drugs, which may affect or impair my motor skills, judgment, or general ability to think and act clearly. IT IS AGREED AND UNDERSTOOD that the Releasor will not make any claim or take any proceedings against any other person or corporation who might claim, in any manner or forum, contribution or indemnity in common law or in equity, or under the provisions of any statute or regulation, against the Releasees with respect to the matters discharged by this Release of Liability, Waiver, and Assumption of Risk.
IT IS AGREED AND UNDERSTOOD that if the Releasor commences such an action, or takes such proceedings, and the Releasees are added to such proceeding in any manner whatsoever, whether justified in law or not, the Releasor will immediately discontinue the proceedings and/or claims, and the Releasor will be jointly and severally liable to the Releasees for the legal costs incurred in any such proceeding. This Release of Liability, Waiver, and Assumption of Risk shall operate conclusively as an estoppel in the event of any claim, action, complaint or proceeding which might be brought in the future by the Releasor with respect to the matters covered by this Release of Liability, Waiver, and Assumption of Risk. This Release of Liability, Waiver, and Assumption of Risk may be pleaded in the event any such claim, action, complaint or proceeding is brought, as a complete defense and reply, and may be relied upon in any proceeding to dismiss the claim, action, complaint or proceeding on a summary basis, and no objection will be raised by the Releasor in any subsequent action that the other parties in the subsequent action were not privy to formation of this Release.THE RELEASOR ACKNOWLEDGES that this Release of Liability, Waiver, and Assumption of Risk contains the entire agreement between the parties hereto, that the terms of this Release of Liability, Waiver, and Assumption of Risk are contractual and not a mere recital, and that any breach of these terms may be enforced against the Releasor and may give rise to a damage claim against the Releasor enforceable by a further legal proceeding. The Releasor further acknowledges that the Releasees have not made any oral, written or visual representations or statements that are not otherwise reflected in this agreement.THE RELEASOR HEREBY AGREES that this Release of Liability, Waiver, and Assumption of Risk shall be governed by the laws of the State of Texas. Releasor hereby consents to jurisdiction in such court(s) for purposes of any dispute arising from this agreement or the enforceability of this agreement.
This Agreement shall be construed broadly to provide a release and waiver to the maximum extent permissible under Texas law. Should any provision of this Agreement be deemed illegal or unenforceable, the remainder of the Agreement will not be affected. RELEASOR CERTIFIES THAT I HAVE READ THIS AGREEMENT IN ITS ENTIRETY, AND I EITHER FULLY UNDERSTAND ITS CONTENTS OR HAVE HAD THE ABILITY TO SPEAK WITH LEGAL COUNSEL AS TO ITS CONTENTS. RELEASOR IS AWARE THAT THIS AGREEMENT PROVIDES FOR A COMPREHENSIVE RELEASE OF LIABILITY FOR RELEASEES AND RELEASEES’ AGENTS IN EXCHANGE FOR PARTICIPATION IN THE ACTIVITY, AND RELEASOR IS SIGNING THIS AGREEMENT OF MY OWN FREE WILL.
I am aware that participating in the Activity involves unusual risks, dangers and hazards including, but not limited to: accidents which may occur in the facility; slips and falls; malfunction of the equipment used; injury and open wounds; shock, stress or other injury to the body; negligence on the part of other persons; and NEGLIGENCE ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM RISKS, DANGERS, AND HAZARDS.
I acknowledge that the Activity may result in injury, worsening of an existing medical condition, or death. I freely accept and fully assume all such risks, dangers and hazards and the possibility of injury, death, property damage or loss resulting therefrom.
I understand that participating in the Activity may place unusual stresses on the body. The Activity is not recommended for persons suffering from asthma, epilepsy, cardio/respiratory disorder, hypertension, skeletal, joint or ligament problems or conditions, and certain mental illnesses.
By signing this waiver I confirm I am not under the influence of any intoxicating substances. I have been advised to consult with my medical practitioner if I have any concerns about my medical condition or fitness to engage in the Activity.
I, along with any of my listed participants, hereby authorize the Releasees to use our photo and/or information related to my experiences with the Activity. I understand this information may be used in publications, including electronic publications, audio/visual presentations, promotional literature, advertising, community presentations, media, and/or other similar ways.
My consent is freely given as a public service to the Releasees, without expecting payment.
I release the Releasees and his respective employees, officers, and agents from all liability, which may arise from the use of such news media stories, promotional materials, written articles, videotape, and/or photographs.