ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNITY AGREEMENT

EYEBORETUM EVENT APRIL 5-14, 2024 (the “Event”)

 

PLEASE READ CAREFULLY BEFORE AGREEING.

THIS IS A RELEASE OF LIABILITY & WAIVER OF LEGAL RIGHTS.

 

ASSUMPTION OF RISK, RELEASE OF LIABILITY, & INDEMNITY AGREEMENT BY ADULT, INDIVIDUALLY AND ON BEHALF OF ALL ACCOMPANYING MINOR CHILDREN, ARISING OUT OF PARTICIPATION IN THE EVENT.

 

1. Adult Participant. The person who is 18 years of age or older and is purchasing or using tickets to the Event shall be hereinafter referred to as the “Participant”. The Participant is agreeing to this Assumption of Risk, Release of Liability & Indemnity Agreement on behalf of themselves as well as on behalf of all minor children who accompany them to the Event.

 

2. Accompanying Minor Children. I represent that I have full authority to accept, and am accepting, this Assumption of Risk, Release of Liability & Indemnity Agreement on behalf of all minor children who accompany me to the Event. I further agree that I am solely responsible for the proper supervision and conduct of any minor children who accompany me to the Event, and I agree to supervise such children at all times while they are at the Event.

 

3. ASSUMPTION OF RISK. I, ON BEHALF OF MYSELF AND ALL ACCOMPANYING MINOR CHILDREN, ELECT TO VOLUNTARILY PARTICIPATE IN THE EVENT, AND UNDERSTAND THAT TAKING PART IN THE ACTIVITIES AT THE EVENT, INCLUDING BUT NOT LIMITED TO USE OF THE SWING OR SIMILAR EQUIPMENT, CAN BE HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY, ILLNESS AND/OR DEATH, particularly for minor children. The risks and dangers include slips and falls, equipment failure and/or defects, collisions with other participants and/or with the equipment, and dangers of traffic on adjacent streets and parking lots, and also include risks caused by terrain, facilities, temperature, weather, condition of participants, pathogens (including COVID-19), equipment, vehicular traffic, lack of hydration, and actions of other people including, but not limited to participants, volunteers, and/or sponsors of the activity.

 

I ACKNOWLEDGE AND UNDERSTAND THAT THE DESCRIPTION OF THE RISKS LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATING IN THESE ACTIVITIES MAY BE DANGEROUS AND MAY INCLUDE OTHER RISKS TO PERSON AND/OR PROPERTY.

 

4. RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT. In consideration of permitting me and all accompanying minor children to attend and participate in the Event, and to access the Eyeball Park, I hereby take action for myself and all such accompanying minor children, together with our respective executors, administrators, heirs, next of kin, successors, and assigns as follows:

 

• I HEREBY WAIVE, RELEASE, AND DISCHARGE from any and all liability, claims, demands, action and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, while participating in such activity, or while in, on or upon the premises where the activity is being conducted, or while traveling to and from this activity, THE FOLLOWING ENTITIES OR PERSONS: all sponsors of the Event, including but not limited to Headington Companies, LLC and all of its affiliates, together with their respective directors, officers, members, partners, owners, employees, volunteers, representatives, and agents, and all other Event holders, sponsors, and volunteers (hereinafter referred to as “RELEASEES”);

 

• I HEREBY INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the RELEASEES from any and all loss, liabilities, damages, claims or costs, including court costs and attorneys’ fees, that they may incur due to my participation in this activity, WHETHER CAUSED BY OR CONTRIBUTED TO IN WHOLE OR IN PART BY THE NEGLIGENCE OF RELEASEES OR OTHERWISE.

 

I acknowledge that this Assumption of Risk, Release of Liability & Indemnity Agreement will be used by the event holders, sponsors, and organizers of the activity in which I may participate, and that it will govern my actions and responsibilities, and those of any accompanying minor children, at said activity. 

 

I acknowledge that the RELEASEES are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific activity on their behalf, or of any other participant in the Event.

 

I, for myself and all accompanying minor children, hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity.

 

The Assumption of Risk, Release of Liability & Indemnity Agreement shall be governed by the laws of the State of Texas, and shall be construed broadly to provide a release and waiver of liability to the maximum extent permissible under applicable law.

 

I CERTIFY THAT I HAVE READ THIS DOCUMENT AND FULLY UNDERSTAND ITS CONTENT, AND THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENTS NOT CONTAINED IN THIS AGREEMENT HAVE BEEN MADE.  I CERTIFY THAT I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT. I REPRESENT THAT I HAVE FULL AUTHORITY TO ACCEPT THIS ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNITY AGREEMENT ON BEHALF OF ALL MINOR CHILDREN WHO ACCOMPANY ME TO THE EVENT. I ACKNOWLEDGE THAT THIS IS A RELEASE OF LIABILITY AND A WAIVER OF LEGAL CLAIMS AND THAT I AGREE TO IT OF MY OWN FREE WILL.