AGREEMENT AND RELEASE OF LIABILITY
The undersigned (“Attendee”) hereby acknowledges that Attendee has voluntarily chosen to participate in the “SystemsGo Launch Event” and related activities hosted by Fredericksburg Education Initiative, Inc. (d/b/a “SYSTEMSGO”) at the Premises (the “Premises”) of the following landowners:
New Mexico
Property Owner: Woolworth Library Trust Property
Physical Address: Co Rd 10, Jal, NM 88252
Jacksboro TX
Property Owner: Mike Thorntonm, Karen thornton, Bar T Land Co LTD
Land Parcel: Jack County AB 647 Parcel ID 3764
Property Owner: Buck Brown
Physical Address: FM 2210 W, Jacksboro, TX 76458
Stonewall TX
Property Owners: Sammy Segner, Sandra Pokorny
Physical Address: 2187 Double Horn Road, Fredericksburg, Texas 78624
Property Owner: Stonewall Chamber of Commerce
Physical Address: 250 Peach St, Stonewall, TX 78671
Smith Point TX
Property Owners: Jeri's Smith Point Properties, LLC
BJ's Bracketville Ranch LLC
Physical Address: 136 County Dock Road, Anahuac TX 77514
Attendee acknowledges that the Property is located in a rural, unincorporated area of Jack County, Texas, with uneven terrain, rocky outcrops, wildlife, and other natural hazards. Attendee understands and accepts that these conditions pose inherent risks, including but not limited to slips, trips, falls, drowning, encounters with wild animals or snakes, and injuries arising from terrain or natural features.
In consideration of being permitted to occupy or use the Property, Attendee, on behalf of themselves and all other persons in their party, including minors and invitees, and further acting as agent, agent-in-fact, or attorney-in-fact for themselves and all other persons in their party including minors and invitees, hereby voluntarily releases, waives, discharges, and covenants not to sue Owner, its members, managers, agents, employees, contractors, guests, invitees, or representatives (collectively, the “Released Parties”), including family members of the Released Parties, from any and all claims, demands, actions, or causes of action whatsoever arising from or related to any loss, damage, injury, or death that may be sustained on or about the Property, whether caused by the ordinary negligence, concurrent negligence, or concurrent willful misconduct of the Released Parties or otherwise, to the fullest extent permitted by Texas law.
Attendee expressly acknowledges that this Agreement includes a release for injuries and damages caused by the ordinary negligence of the Released Parties, as required by the Texas “express negligence” doctrine, and specifically releases the Released Parties from any liability to the furthest extent of said “express negligence” doctrine.
ATTENDEE AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF OR RELATED TO GUEST’S OCCUPANCY, USE OF THE PROPERTY, OR VIOLATION OF THIS AGREEMENT, INCLUDING OCCUPANCY OR USE OF THE PROPERTY OR VIOLATION OF THIS AGREEMENT BY MEMBERS OF GUEST’S PARTY INCLUDING MINORS AND/OR INVITEES
The undersigned Attendee represents that they are the primary guardian and agent-in-fact for all persons in their party, including minors and invitees, and that they have full authority to bind all such persons to this Agreement. Attendee shall ensure that each member in Attendee’s party executes an agent-in-fact agreement acknowledging (a) Attendee’s authority to bind said member of Attendee’s party, and (b) acknowledging the contents of this Agreement; Owner shall not be required to verify the execution of agent-in-fact agreements between Attendee and the other members of Attendee’s party, which shall be the sole obligation of Attendee.
Attendee, and all those in Attendee’s party, including minors and invitees, voluntarily assume full responsibility for any risks of loss, property damage, or personal injury, including death, that may be sustained by Attendee or any member of Attendee’s party while on or about the Property.
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Venue for any dispute arising hereunder shall lie exclusively in the state courts of Jack County, Texas.
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. In the event this Agreement is construed by a court of competent jurisdiction or any other authority having jurisdiction over Attendee, Owner, the Property, and/or the Released Parties, Attendee and Owner represent that this Agreement has been mutually created, negotiated, and drafted in a fair and equal fashion, and this Agreement shall not be construed against one party over any other.
ATTENDEE FULLY UNDERSTANDS THAT THE “SystemsGo Launch Event” INVOLVES THE LAUNCHING OF NUMEROUS ROCKETS, WHICH ACTIVITIES ARE INHERENTLY DANGEROUS AND SUBJECT ATTENDEE TO SIGNIFICANT RISKS, INCLUDING, BUT NOT LIMITED TO, THE RISK OF BODILY INJURY OR PROPERTY DAMAGE FROM THE USE (OR MISUSE) OF ROCKETS, ERRANT ROCKET LAUNCHES, FALLING ROCKETS AND DEBRIS, FIRES, AND OTHER RISKS AND DANGERS. ATTENDEE FURTHER UNDERSTANDS THAT THE PREMISES IS REMOTE, UNDEVELOPED RANCH LAND WITH PLANTS AND WILDLIFE THAT MAY BE HARMFUL. Attendee acknowledges that it is impracticable and impossible to list every possible hazard, risk or condition, and Attendee will enter the Premises and participate in the SystemsGo Launch Event despite such hazards, risks and conditions, at Attendee’s own risk without liability of SYSTEMSGO or the Landowner. Attendee hereby assumes all risks of Attendee’s participation in the SystemsGo Launch Event.
IN CONSIDERATION FOR THE PERMISSION GRANTED ATTENDEE TO PARTICIPATE IN THE SYSTEMSGO LAUNCH EVENT, ATTENDEE HEREBY RELEASES SYSTEMSGO AND LANDOWNER, AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS, CONTRACTORS, SUBCONTRACTORS, REPRESENTATIVES, HEIRS, SUCCESSORS AND ASSIGNS (THE “RELEASED PARTIES”), FROM AND AGAINST ANY AND ALL CLAIMS, DEBTS, DEMANDS, CAUSES OF ACTION, LOSSES, COSTS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES), OBLIGATIONS AND OTHER LIABILITIES, RESULTING FROM ANY ACCIDENT, INCIDENT OR OCCURRENCE ARISING OUT OF OR RELATED TO THE SYSTEMSGO LAUNCH EVENT (THE “RELEASED CLAIMS”), WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR GROSS NEGLIGENCE OF ANY OF THE RELEASED PARTIES. ATTENDEE FURTHER COVENANTS AND AGREES THAT NEITHER ATTENDEE, NOR ATTENDEE’S HEIRS, SUCCESSORS AND ASSIGNS, WILL EVER INSTITUTE OR PROSECUTE, OR IN ANY WAY AID IN THE INSTITUTION OR PROSECUTION, OF ANY DEMAND, CLAIM, SUIT OR OTHER PROCEEDING AGAINST ANY OF THE RELEASED PARTIES WITH RESPECT TO ANY OF THE RELEASED CLAIMS.
I also give my permission to receive emergency medical treatment including admission to any hospital or medical facility for diagnosis and treatment. I request and authorize physicians, dentists, and staff, duly licensed as Doctors of Medicine or Doctors of Dentistry or other such licensed technicians or nurses, to perform any diagnostic procedures, treatment procedures, operative procedures and X-ray treatments.
Media Consent and Release: Attendee further understands that video crews from local media organizations will be at the SystemsGo Launch Event to video record, photograph and interview attendees and attendees at the SystemsGo Launch Event. Attendee may be selected to be featured in one of these events. These interviews, stories, photographs and/or videos may be used in follow-up articles, presentations, or could be aired on public television and/or radio or internet. Attendee hereby consents to these activities and the reproduction and use of all interviews and tapes, photographs, video, images created or taken at the SystemsGo Launch Event and release any and all claims Attendee may have thereto.
Code of Conduct: I understand SystemsGo can disqualify and/or restrict my participation. I agree to at all times maintain my behavior in accordance with all applicable laws. I agree that SystemsGo has the right, in its sole discretion, to at any time disqualify, remove me from or restrict my participation in the event or any related activities or revoke my wristband (i) if my behavior is at any point disruptive/derogatory/abusive/threatening in word or deed, may or does cause damage to person, property or to the reputation on SystemsGo or violates any applicable laws or policies; (ii) if based on my past behavior determines that I may be disruptive/derogatory/abusive/threatening in word or deed, or cause damage to person, property or to the reputation of SystemsGo; or (iii) for any lawful reason.
Attendee has read this Agreement and Release of Liability and understands all of its terms. Attendee executes it voluntarily with full knowledge of its significance.