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 28, 2023.
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 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 participation in the Activities and use of the Facilities may expose me to contact with one or more persons who have been infected with, and/or exposed to, COVID-19. I further understand that my participation in the Activities and use of the Facilities may expose me to contact with surfaces or objects that contain COVID-19. Based on the forgoing, I understand that my participation in the Activities or use of the Facilities may expose me, along with others with whom I may come in contact after I leave the Facilities, to a risk of infection with COVID-19, which may cause significant and serious illness, bodily injury, temporary or permanent disability, and/or death. I also understand that personal protective equipment (“PPE”) will not be provided by Releasees and may not be readily available at the Facilities for my participation in the Activities.
I HAVE READ AND UNDERSTOOD THE ABOVE COVID-19 WARNING. I hereby choose to accept the risk of contracting COVID-19 in order to enter the Facilities and participate in the Activities. My participation in the Activities and use of the Facilities are of such value to me that I accept the risk of being exposed to contracting and/or spreading COVID-19 in order to participate in the Activities in person.
I UNDERSTAND AND ACKNOWLEDGE that the Activities in which I am about to voluntarily engage 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 or employees; (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; (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, including COVID-19 or permutations thereof, 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 or employees.
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. The indemnity herein shall include any and all COVID-19 related claims and/or damages asserted or alleged against Releasees arising out of participation in the Activities and I HEREBY RELEASE, INDEMNIFY AND HOLD HARMLESS the Releasees for COVID-19 related claims and/or damages regardless of whether the Releasees are alleged to have been negligent, in whole or in part. 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 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. 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, streaming video, video or audio recordings and any other media, now known or later developed, and to use them 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 audio, video, or photographic images 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 audio and video recordings, photographic images, subsequent broadcasts thereof, and the results and proceeds of my participation hereunder (collectively referred to as the “Materials”). I agree that the Materials shall constitute a “work made for hire” pursuant to the United States Copyright Act. To the extent any of the Materials are not considered a “work made for hire,” I hereby assign all rights in the Materials 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.