The below signed Participant enters into this Waiver and Release of Liability (the “Release”) as of the date set forth below. Pursuant to the terms set forth herein, and as consideration for the right to participate in the Activity (as defined below), I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this Release and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Project 4031 (a Texas Nonprofit Corporation with its principal place of business in Fort Worth, Texas) and its affiliates, managers, members, directors, employees, agents, attorneys, staff, volunteers, representatives, predecessors, successors and assigns (collectively “Project 4031”), for any claim related to the Activity, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.
I acknowledge that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by terrain, location, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic, travel and actions of others.
I am voluntarily participating in the aforementioned Activity and I am participating in the Activity entirely at my own risk. I am aware of the risks associated with participating in this Activity, which may include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. These risks and dangers may be caused by my own actions or inactions, the actions or inactions of others at the Resort, and/or the Negligence of the Project 4031; (d) there may be other Risks Not Known to me or that are not readily foreseeable at this time; (e) The social and economic losses and/or damages that could result from the risk(s) COULD BE SEVERE AND COULD PERMANENTLY CHANGE THE FUTURE. Nonetheless, I, for myself and on behalf of my heirs, HEREBY ACKNOWLEDGE, ACCEPT AND ASSUME ALL SUCH RISKS, KNOWN AND UNKNOWN, AND ASSUME ALL RESPONSIBILITY FOR THE LOSSES, COSTS AND/OR DAMAGES FOLLOWING SUCH INJURY, DISABILITY, PARALYSIS OR DEATH, EVEN IF CAUSED IN WHOLE OR IN PART, BY THE NEGLIGENCE OF Project 4031.
In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
I will, at all times while involved in the Activity, comply with (i) all local, state and federal laws (collectively, the “Laws”) and (ii) any rules and regulations imposed by Project 4031 (collectively, the “Rules”).
I acknowledge that Project 4031 and their directors, officers, volunteers, employees, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Project 4031.
In the event that claims are made against Project 4031 as a result of my actions or the actions of others accompanying me to the Activity, I acknowledge and agree to be held liable for any and all costs associated with any claims. In the event a claim is made against Project 4031 arising out of the intentional, negligent or reckless acts, I agree to indemnify, defend (with counsel of Project 4031’s choice) and hold Project 4031 harmless from any and all claims, suits, liabilities, damages, losses, costs, fines and expenses whatsoever including but not limited to reasonable attorneys’ fees, whether the claims arise as a result of property damage, personal injury, wrongful death or otherwise. I further agree to indemnify, defend, and hold harmless Project 4031 against any and all claims, suits, liabilities, damages, losses, costs, fines and expenses whatsoever including but not limited to reasonable attorneys’ fees, whether the claims arise as a result of property damage, personal injury, wrongful death or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs. I further agree to indemnify, defend, and hold harmless Project 4031 from my failure, whether intentional or negligent, to adhere to and comply with the Laws or the Rules and any claims, demands, damages and the like, including attorneys’ fees, that may arise from such failure. My attempt to comply with any Laws or Rules shall not limit my commitments in this Paragraph. I understand that my obligations under this Paragraph shall survive the expiration or termination of this Release.
I understand that this Release is material and necessary to participate in the Activity and I acknowledge that I would not be granted the opportunity to participate in the activity absent the execution of this Release.
I acknowledge that I have carefully read this Release and fully understand that it is a release of liability. I understand that I have been granted the opportunity to have an attorney review this Release, and I have either had an attorney review this Release or consciously made the decision to move forward with the execution of this Release without consulting an attorney. I understand that in executing this Release I am expressly agreeing to release and discharge Project 4031 from any and all claims or causes of action related to the Activity, and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against Project 4031 relating to the Activity.
This Release was entered into at arm's-length, without duress or coercion, and is to be interpreted as a release between two parties of equal bargaining strength. Accordingly, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Release. Both the Participant and Project 4031 agree that this Release is clear and unambiguous as to its terms, and that no promises not contained herein have been made to induce Participant to enter into this Release. This Release contains the entire understanding between the parties with respect to the subject matter hereof. This Release may not be amended or modified except by written instrument executed by the parties.
This Release shall be governed and construed in accordance with the laws of the State of Texas without regard to the conflict of law provisions. I agree that the federal and state courts in TARRANT COUNTY, TEXAS have exclusive jurisdiction over any dispute that arises from this Release.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this Release shall be determined, by a court of competent jurisdiction, to be unlawful or otherwise unenforceable, the remainder of this Release shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this Release to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.