Big Tex Clay Shoot Classic Release and Waiver

State Fair of Texas ACKNOWLEDGEMENT OF RISKS, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT

THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS.  BY WRITING YOUR SIGNATURE BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE DISCLOSURES OF RISKS, VOLUNTARILY ACCEPT THOSE RISKS, AND AGREE TO BE BOUND BY ALL TERMS OF THIS RELEASE OF LIABILITY AND INDEMNITY AGREEMENT

My signature below acknowledges that I or the minor for whom I am the parent or legal guardian (collectively referred to as “I”, “me”, or “my”) have voluntarily chosen to participate in the sporting clay shooting event (referred to herein as the “Activities”), sponsored by United Mechanical and benefiting the State Fair of Texas (“SFT”) Livestock and Scholarship Programs, which will be held at the Dallas Gun Club in Lewisville, Texas (referred to herein as the “Facilities”) on Friday, April 26, 2024.

In consideration of the permission to participate in the Activities and use the Facilities, I hereby acknowledge, agree, promise and covenant on behalf of myself, my heirs, assigns, personal representatives and estate with United Chester Industries, Inc. d/b/a United Mechanical, SFT and the Dallas Gun Club, each of their lessors, parent companies, subsidiaries, related companies and business concerns, past and present, and each of them, as well as each of their directors, officers, trustees, members, volunteers, agents, sponsors, attorneys, servants and employees, past and present, and each of them (collectively referred to herein as “Releasees”) as follows:

ACKNOWLEDGEMENTS OF RISKS:

I UNDERSTAND AND ACKNOWLEDGE that the Activities in which I am about to voluntarily participate bear certain known risks and unanticipated risks that could result in PHYSICAL OR MENTAL INJURY, DEATH, PARALYSIS, ILLNESS OR DISEASE, OR DAMAGE to me or my property. I understand and acknowledge those risks may result in claims against Releasees. However, I am making an informed choice to voluntarily accept such risks in exchange for the opportunity to participate in the Activities and use the Facilities, and I agree that the benefits of participating in the Activities outweigh the risks, which include but in no way are limited to: (i) the acts, omissions or negligence in any degree of Releasees, or their contractors, agents, employees or volunteers; (ii) the risks inherent in the Activities, including but not limited to any physical or mental injuries; (iii) latent or apparent defects or conditions of the Facilities; (iv) improper or inadequate instruction or supervision regarding the Activities or use of the Facilities; (v) the behavior of co-participants or volunteers; (vi) accidents or incidents at the Facilities; (vii) accidents or incidents related to riding, driving or being transported by all-terrain vehicles (ATVs), four-wheelers, golf carts or similar vehicles at the Facilities; (viii) exposure or potential exposure to any sickness, illness, harmful bacteria, virus or any other infectious disease; and/or (ix) first aid, emergency treatment or services rendered or failed to be rendered by Releasees, or their contractors, agents, employees or volunteers.

I UNDERSTAND AND ACKNOWLEDGE that the above list is not complete or exhaustive, and that other risks, known or unknown, identified or unidentified, anticipated or unanticipated may also result in injury, death, illness, disease, or damage to me or to my property. I FURTHER ACKNOWLEDGE that I am in good physical and mental health, and not suffering from any condition, illness (including COVID-19), disease or disablement which would or could potentially affect my performance of the Activities or use of the Facilities, or harm any spectators, co-participants, volunteers or others.

VOLUNTARY ACCEPTANCE AND ASSUMPTION OF RISK AND RESPONSIBILITY: I EXPRESSLY AND VOLUNTARILY AGREE, COVENANT AND PROMISE TO ACCEPT AND ASSUME ALL RESPONSIBILITIES AND RISK FOR INJURY, DEATH, ILLNESS OR DISEASE OR DAMAGE to me or to my property arising from participation in the Activities or use of the Facilities. 

RELEASE AND INDEMNITY: In consideration for the grant of permission by Releasees for me to use the Facilities and participate in the Activities, I HEREBY VOLUNTARILY RELEASE, INDEMNIFY, AND HOLD HARMLESS the Releasees from all claims for damages of any kind, including, but not limited to, personal injuries, property damage, illness, disability, death, expenses of litigation or settlement, costs of court, and attorneys’ fees, arising out of or related in any way to the Activities or use of the Facilities, INCLUDING THOSE CLAIMS WHICH ARISE OR ARE ALLEGED TO ARISE FROM THE NEGLIGENCE OF ANY OF THE RELEASEES. THIS RELEASE IS TO BE CONSTRUED AS THE BROADEST FORM OF RELEASE PERMITTED BY APPLICABLE LAW. Such indemnity and defense obligations shall further extend to any claim, loss, damages or lawsuit which alleges that I negligently or intentionally caused any injury, illness, death or damage to spectators, co-participants, volunteers or other third parties in the course of my participation in the Activities or use of the Facilities. 

I UNDERSTAND THIS IS A RELEASE OF LIABILITY THAT IS VALID FOREVER and will apply to all current and future participation in the Activities or use of the Facilities. I understand that this RELEASE OF LIABILITY will prevent me, my child, my heirs or my estate from bringing any action at law, suit in equity, or other jurisdictional proceeding or making any claim for damages, injury, illness or death in the event of damage, injury, illness or death arising from participation in the Activities or use of the Facilities. 

COVENANT NOT TO SUE: I hereby promise not to sue any of the Releasees for any claims or damages arising out of or related in any way to my participation in the Activities or use of the Facilities. I understand that this Release means that I have contractually agreed not to bring any claims against any of the Releasees arising out of a related in any way to the Activities or use of the Facilities, INCLUDING THOSE CLAIMS WHICH ARISE OR ARE ALLEGED TO ARISE FROM THE NEGLIGENCE OF ANY OF THE RELEASEES. 

RELEASE OF ALL RIGHTS RELATED TO MY AUDIO, VIDEO AND PHOTOGRAPHIC IMAGE:I hereby agree to a blanket release and disclaimer of all rights related to any audio, video and/or photographic or digital images that may arise out of my participation in the Activities or use of the Facilities. I understand that this release includes any and all marketing, promotion, publishing or advertising that may occur anywhere and anytime on any media, now known or later developed and used by Releasees for trade, commercial, and/or noncommercial purposes. Further, I hereby grant full permission for Releasees to record any or all of my participation, and my name and likeness in the Activities for photos, motion pictures, TV, radio, internet, social media, digital media, streaming video, video or audio recordings and any other media, now known or later developed, and derivative works therefore (collectively referred to as the “Images”), and to use the Images in perpetuity, no matter by whom taken or recorded, in any manner for publicity, promotions, advertising, trade or commercial purposes, without any reimbursement of any kind due to me, or the need to pay me any fee whatsoever. SFT shall have the exclusive right, but not the obligation, worldwide and in perpetuity to use and to license others to use all or any portion of the Images, including derivative works thereof, that may arise out of or in connection with my participation of the Activities. I agree that Releasees will be the exclusive owner of all rights, including but not limited to the copyrights, in and to the Images and the results and proceeds of my participation hereunder (collectively referred to as the “Materials”). I acknowledge that I shall have no ownership rights in or to the Images or Materials; however, to the extent that I might have any rights associated therewith, I hereby assign all rights that I have or may have in the Images and Materials, including without limitation the copyrights and other intellectual property rights, to Releasees. Such assignment shall be deemed irrevocable and coupled with an interest. 

ENTIRE AGREEMENT, SEVERABILITY AND VENUE: I understand that this is the entire Agreement between the undersigned and Releasees, and that it cannot be modified or changed in any way by the representations or statements of Releasees or any employee or agent of Releasees, or by the undersigned. I understand and agree that this Agreement is severable and that if any clause is found to be invalid, the balance of the contract will remain in effect and will be valid and enforceable. I agree that any action will be brought in a court in the County of Dallas, State of Texas. Any disputes will be subject to and determined under the laws of the State of Texas.

Dallas Gun Club INDEMNITY AND RELEASE

The undersigned has requested that the Dallas Gun Club (“DGC”), a private non-profit corporation that operates a member owned shooting facility (the “DGC facility”), permit the undersigned to participate in a shooting
event sponsored by, United Mechanical to be held at the DGC facility on April 26, 2024. Undersigned acknowledges and agrees that shooting sports involve a degree of danger and that property damage, personal injury and/or death may result therefrom. In consideration for the DGC permitting the undersigned to enter the DGC Facility and participate in the Event, the undersigned hereby releases the DGC and its members, officers, directors and employees from and against, and waives any claim the undersigned may have against the DGC and its members, officers, directors and employees that arises out of or in connection with, the undersigned entering onto the DGC facility and/or participating in the Event. Further, the undersigned covenants and agrees to hold the DGC and its members, officers, directors and employees (individually, and “Indemnified Party”, and collectively, the “Indemnified Parties”) harmless from and against, and to indemnify the Indemnified Parties for, any and all liability, loss, cost, expense (including attorneys’ fees and court costs) for personal injury (including death) and property damage arising out or of in connection with the Event and the participation of the undersigned therein. This Indemnity and Release is expressly intended to include a release of, and an indemnity for, the negligence of the Indemnified Parties.

Your AGREEMENT

Please complete after reading both release forms above.