RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND MEDICAL WAIVER
The individual named below (referred to as "I" or "me") desires to participate in Axe Throwing (whether singular or plural, hereinafter referred to as the "Activities") provided by Roberts & Guynes Entertainment LLC, a Texas limited liability company (the "Company"). As lawful consideration for being permitted by the Company to participate in the Activities, I agree to all the terms and conditions set forth in this release (this "Release").
I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. I AM ALSO AWARE OF THE HIGHLY CONTAGIOUS NATURE OF THE 2019 NOVEL CORONAVIRUS DISEASE (COVID-19) (THE "DISEASE") AND THE RISK THAT I MAY BE EXPOSED TO OR CONTRACT THE DISEASE BY ENGAGING IN THE ACTIVITIES, WHICH MAY RESULT IN SERIOUS ILLNESS, PERSONAL INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY.
I UNDERSTAND THAT WHILE THE COMPANY HAS IMPLEMENTED MEASURES TO REDUCE THE RISK OF INJURY FROM THE ACTIVITIES AND THE SPREAD OF THE DISEASE, THE COMPANY CANNOT GUARANTEE THAT I WILL NOT BE INJURED OR BECOME INFECTED WITH THE DISEASE DUE TO MY PARTICIPATION IN THE ACTIVITIES. I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, ILLNESS, DISABILITY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE. FURTHER, IF I AM ENTERING INTO THIS RELEASE AS A GUARDIAN OF A MINOR, I HAVE EXPLAINED THE ABOVE RISKS TO SUCH MINOR.
I hereby expressly waive and release any and all claims which I may have, or which I may hereafter have, whether known or unknown, against the Company, and its subsidiaries, officers, directors, managers, employees, agents, affiliates, shareholders, members, successors, and assigns (collectively, "Releasees"), on account of injury, illness, disability, death, or property damage arising out of or attributable to my participation in the Activities, including, but not limited to the Disease whether arising out of the ordinary negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that Texas law does not permit to be released by agreement.
I confirm that I am: (a) in good health, in proper physical condition, and do not have any medical or other conditions that would impair my ability to participate in the Activities; and (b) not experiencing symptoms of the Disease (such as cough, shortness of breath, or fever), do not have a confirmed or suspected case of the Disease, and have not come in contact in the last 14 days with a person who has been confirmed or suspected of having the Disease. I will comply with all federal, state, and local laws, orders, directives, and guidelines related to the Activities, including, but not limited to, laws regarding alcohol and drugs, and the Disease while participating in the Activities, including, without limitation, requirements related to hand sanitation, social distancing, and use of face coverings and safety equipment. I understand that my participation in Activities while intoxicated is strictly prohibited. I will also follow all instructions, recommendations, and cautions of the Company at all times during the Activities. If at any time I believe conditions to be unsafe, that I am no longer in proper physical condition to participate in the Activities, or I begin experiencing symptoms of the Disease, I will immediately discontinue further participation in the Activities.
I understand that by signing this release, I am waiving any and all claims, of any kind arising out of or attributable to my participation in the Activities, including those claims that may be unknown to me, or which I do not suspect to exist at this time.
I shall defend, indemnify, and hold harmless the Company 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 attorney fees, fees and the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, arising out of or resulting from any claim of a third party related to my participation in the Activities, including any claims arising out of my own negligence or the ordinary negligence of the Company.
I hereby grant Company, without limitation, the right to use my name and likeness in connection with the Activities for any publicity without further compensation or permission.
I understand that I must provide my own insurance for myself or for the minor participant, if I am entering into this Release on behalf of a minor. The Company will NOT provide insurance for me. I authorize the Company to obtain necessary medical treatment for me in the event of such injury or illness and I release and hold harmless the Company subsidiaries, officers, directors, managers, employees, agents, affiliates, shareholders, members, successors, and assigns, including any and all subsidiaries, affiliations, or other entities controlled directly or indirectly by Company in my treatment. I further agree that I am solely responsible for any and all necessary medical treatment and bills in the event of any illness or injury during the Activities or traveling to and from the Activities.
This Release constitutes the sole and entire agreement of the Company 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 is held invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company and me and their respective heirs, 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 without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Collin County, Texas and I hereby consent to the exclusive jurisdiction of such courts.
BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY FOR CLAIMS, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF MY PARTICIPATION IN THE ACTIVITIES.
I am the parent or legal guardian of the minor named below. I have the legal right to consent to and, by signing below, I hereby do consent to the terms and conditions of this Release.