SNOWY FUN LLC
TEXAS PARTICIPATION AGREEMENT, ASSUMPTION OF RISK, RELEASE, AND INDEMNITY
This Agreement is entered into by the undersigned participant and/or parent or legal guardian (“Participant”) in favor of Snowy Fun LLC, including its owners, members, managers, officers, employees, agents, volunteers, affiliates, successors, assigns, and all related entities (collectively, “Snowy Fun”).
1. Consideration
In consideration of being permitted to enter Snowy Fun’s premises and participate in any and all activities, programs, events, attractions, equipment use, and services (collectively, the “ACTIVITIES”), Participant agrees to the terms set forth herein.
2. Assumption of Risk
Participant understands and acknowledges that the ACTIVITIES involve inherent and significant risks, including but not limited to personal injury, serious bodily injury, permanent disability, paralysis, illness, property damage, and death. These risks may arise from, without limitation, falls, collisions, equipment failure, improper use of equipment, inadequate supervision, negligent acts or omissions, or the actions of other participants.
Participant voluntarily and knowingly assumes all risks, whether known or unknown, foreseeable or unforeseeable, arising from participation in the ACTIVITIES. Participant represents that Participant and any minor child(ren) are physically and medically able to participate.
3. Release and Waiver of Liability (Including Negligence)
To the fullest extent permitted by Texas law, Participant hereby releases, waives, and discharges Snowy Fun from any and all claims, demands, causes of action, or liabilities of any kind, including claims arising from the negligence of Snowy Fun, resulting from or related to participation in the ACTIVITIES or presence on Snowy Fun’s premises.
This release includes, without limitation, claims for personal injury, illness, property damage, wrongful death, or economic loss.
4. No Responsibility for Personal Property
Participant understands and agrees that Snowy Fun is not responsible for any lost, stolen, or damaged personal property, including vehicles, clothing, electronics, or locker contents, whether or not caused by negligence.
5. Indemnification and Hold Harmless
Participant agrees to indemnify, defend, and hold harmless Snowy Fun from any and all claims, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) arising out of or related to Participant’s or Participant’s minor child(ren)’s participation in the ACTIVITIES or violation of any rules or instructions.
6. Attorneys’ Fees
If Snowy Fun is required to enforce this Agreement, Participant agrees to pay all reasonable attorneys’ fees, court costs, and collection expenses incurred by Snowy Fun, as permitted under Texas law.
7. Photo and Video Release
Participant grants Snowy Fun the irrevocable right to photograph, videotape, or otherwise record Participant and/or Participant’s minor child(ren) and to use such media for marketing, advertising, promotional, or operational purposes without compensation. Participant waives any right to inspect or approve such materials.
8. Communicable Disease Acknowledgment
Participant understands that participation in ACTIVITIES may result in exposure to communicable diseases, including COVID-19 or similar illnesses. Participant voluntarily assumes all such risks and releases Snowy Fun from liability for illness, injury, or death related to such exposure.
9. Compliance with Rules and Safety Policies
Participant agrees to comply with all posted rules, safety requirements, and staff instructions, including but not limited to footwear requirements, supervision of minors, age-appropriate participation, prohibited conduct, and health and safety protocols. Failure to comply may result in removal without refund.
10. Duration and Applicability
This Agreement is continuing in nature and applies to all current and future visits to any Snowy Fun location unless revoked in writing by Snowy Fun.
11. Governing Law; Venue; Mediation
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Venue for any dispute shall lie exclusively in Denton County, Texas. The parties agree to attempt mediation prior to filing suit.
12. Severability
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.