I, the undersigned (“RELEASOR”) on my behalf and, if applicable, on behalf of my child/ward (the “CHILD”) named below hereby acknowledge that I and the CHILD desire to voluntarily participate in the activities and services provided by JACOB & ALICE WEBB at 13140 Cartwright Trl, Ponder Texas 76259, a Texas residential property sometimes known as LEVEL UP ESTATES (collectively known herein as “WEBB”), and their affiliates, instructors, officers, directors, agents, contractors, and employees, (collectively known herein as “RELEASEES”), including but not limited to firearm and other weapons training including shotguns, rifles, pistols, pellet guns, knives, bows and arrows; maintenance activities including chain sawing, hammering, digging, and all construction activities; nature activities including hunting, camping, hiking, all-terrain vehicle use; sports activities including basketball, football, volleyball, baseball, badminton, cornhole; and water activities including fishing, swimming, diving, sliding, boating, canoeing, and kayaking (hereinafter collectively referred to as “ESTATE ACTIVITIES”), and further agree and acknowledge as follows:
ASSUMPTION OF RISK: RELEASOR understands and acknowledges that ESTATE ACTIVITIES have varying effects on individuals based upon their size, age, physical condition and/or health. RELEASOR further recognizes, acknowledges, and agrees that it is RELEASOR’s sole decision whether to consult with a medical professional prior to participating in ESTATE ACTIVITIES. RELEASOR has either consulted a physician and received medical advice regarding participation in ESTATE ACTIVITIES or is waiving such advice of a physician and accepts any and all RISKS associated with RELEASOR and CHILD’s participation in ESTATE ACTIVITIES. RELEASOR, on behalf of himself or herself and the CHILD, assumes all risk of personal injury, death, or disability that may result from participation in ESTATE ACTIVITIES, or any damage, loss or theft of any personal property which RELEASOR may incur while participating.
RELEASOR is aware, understands, and acknowledges that participation in ESTATE ACTIVITIES is a potentially hazardous and involves inherent risks of danger or injury, including, but not limited to, sprains, strains, fractures, concussions, contusions, lacerations, abnormal blood pressure, heart disorders, fainting, shortness of breath, chest pain, strokes, heart attack, or even death (hereinafter collectively referred to as “RISKS”). RELEASOR and the CHILD are voluntarily participating in ESTATE ACTIVITIES with knowledge of the RISKS and with the knowledge that staff assistance or medical facilities may not be available in the event of illness or injury. RELEASOR, FOR THEMSELVES AND THE CHILD, HEREBY AGREES TO ACCEPT ANY AND ALL RISK OF INJURY, ILLNESS, OR DEATH INHERENT IN ESTATE ACTIVITIES AS EVIDENCED BY PLACING MY SIGNATURE BELOW.
RELEASE OF LIABILITY: RELEASOR understands he or she and the CHILD named below will be engaging in ESTATE ACTIVITIES using the WEBB facility and it is RELEASOR’s voluntary and informed decision to forever release any future lawsuits or claims that RELEASOR or the CHILD may have against RELEASEES. RELEASOR expressly releases and forever discharges and holds harmless RELEASEES from any and all liability, claims, demands or causes of action whatsoever arising out of any damage, loss, personal injury, or death while participating in ESTATE ACTIVITIES. This release is valid and effective whether the damage, loss, or death is a result of any act or omission on the part of any RELEASEES or from any other cause. This release includes, but is not limited to, injuries, or accidents, which may occur as a result of the: (a) use or misuse of the facility in any way by anyone; (b) use of any equipment that malfunctions or breaks; (c) improper maintenance of the facility, grounds, or any equipment; (d) instruction or supervision; or (e) slipping, tripping and /or falling while in the facility or on the surrounding premises. THIS RELEASE APPLIES REGARDLESS OF THE NEGLIGENCE OF RELEASEES.
As consideration for being permitted by WEBB to participate in ESTATE ACTIVITIES, RELEASOR hereby agrees for themselves and the CHILD that their assignees, heirs, distributees, guardians, or legal representatives will not make a claim against, or sue WEBB or RELEASEES, or their past, present or future parents, subsidiaries, affiliates, other related entities, successors, owners, members, directors, officers, shareholders, agents, employees, servants, assigns, investors, legal representatives or any individuals or entities involved in the operations of WEBB for injury, illness, death or damage resulting from RELEASOR or the CHILD’s participation in ESTATE ACTIVITIES.
INDEMNIFICATION: RELEASOR agrees to indemnify and hold harmless WEBB and RELEASEES from and against any and all liability, damages, losses, costs, expenses, judgments, and reasonable attorney fees arising out of ANY injury to RELEASOR or the CHILD. I understand that my obligation to indemnify and hold harmless WEBB and RELEASEES is without regard to any negligence on THE PART of same.
MEDIA CONSENT, RELEASE, AND WAIVER: I further grant WEBB the right to photograph, videotape, and/or record me and/or the CHILD and to use the CHILD’s name, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising, and promotional materials without reservation or limitation.
I hereby assume all risk and fully release, remise, wave, covenant not to sue and forever discharge, WEBB and releasees their past, present or future parents, subsidiaries, affiliates, other related entities, successors, owners, members, directors, officers, shareholders, agents, employees, servants, assigns, investors, legal representatives or any individuals or entities involved in the operations of THE WEBB’S, of and from any and all past, present and future claims arising from their acts and or omissions OR THE ACTS OR OMISSIONS OF OTHERS, including but not limited to demands, causes of action, damages, costs, negligence claims, assault claims, deceptive trade practices ACT claims, contract claims, intentional infliction of emotional distress claims, personal injury claims, premises liability claims, principal-agent claims, mental anguish claims, pain and suffering claims, physical impairment claims, disfigurement claims, lost wages claims, loss of earning capacity claims, warranty claims, punitive OR EXEMPLARY damages claims, and any other form of claim of any nature whatsoever whether based on a tort, contract, or other theory of recovery, whether same be known and realized or unknown and not realized, that I and/or the child/ward named herein, our assignees, HEIRS, distributees, guardians, or legal representatives now have, have had, or ever will have for injury, illness, death, or damage resulting from our participation in ESTATE activities. This release is intended by both parties to be as broad in its effect as allowed by law.
I have carefully read this AGREEMENT in its entirety and fully understand its contents. I am aware that this is a waiver, Release of liability, assumption of risk, AND INDEMNIFICATION agreement and a legal contract between me and WEBB and that it affects my legal rights. I am signing this document of my own free will. A copy of this document is authentic and is as effective as the original.