8 Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement
Waiver:
In consideration of permission to use, today and on all future dates, the property facilities, parking lot, staff, equipment and services of Frisco Badminton LLc (FB), I and/or my minor child, my heirs, personal representatives, assigns, and next of kin, Do hereby release, Waive, discharge, and covenant not to sue FB, their respective administrators, directors, agents, officers, officials volunteers, and employees, other participants, any sponsors, advertisers, and if applicable, owners and lessors of premises from any and all claims including the negligence of FB resulting in personal injury, accidents or illnesses(including death), and property loss arising from, but not limited to, participations in activities, classes, observation, and use of facilities, premises, or equipment.
Assumption of Risks:
FB has facilities for and provides for activities/services such as Badminton activities, Aerobic activities, Classes, Temporary Members Overnight Room(s), other sporting activities, as well as other services. (a) These activities/services (“Activity”) INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH (“RISKS”); (b) these Risks and dangers may be caused by me and/or my child’s own actions, or inaction, and or the actions or inaction of others participating in the Activity, the condition in which the Activity takes place, or THE NEGLIGENCE OF THE “RELEASEES” NAMED BELOW; (c) there may be OTHER RISKS INCLUDING BUT NOT LIMITED TO FB’S IMPROPER MAINTENANCE OF ITS EQUIPMENT (MECHANICAL OR OTHERWISE), GROUNDS OR FACILITIES, NEGLIGENCE INSTRUCTION OR SUPERVISION, INCLUDING PERSONAL TRAINING, OR INADEQUATE SECURITY OR STAFFING, AND SOCIAL ECONOMIC LOSES either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND RESPONSIBILITY FOR LOSTS, COSTS, AND DAMAGES I and/or my minor child incur as a result of my and/or my minor child participation or observation in the “Activity”.
I have read the previous paragraphs and I know, understand, and appreciate these and other risks that are in the activities/services made possible by FB. I hereby assert that my participation or observation is voluntary and that I knowingly assume all such risks and give permission to use any photographs and video for publicity and marketing.
Indemnification and Hold Harmless: I FURTHER agree that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND IDEMNITY AGREEMENT I and/or my minor child, or anyone on my and/or my child’s behalf, makes a claim against any of the Releases, I WILL INDEMNIFY, SAFE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which may incur as the result of such claim.
Severability: The undersigned further expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law of the state of Texas and that if any portion thereof is held invalid, it is agreed that the balance shall notwithstanding, continue in full legal force and effect.
Acknowledgement of Understanding: I have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing this agreement freely and voluntarily, and intend by my signature to be a complete and unconditional releases of all liability to the greatest extend allowed by law.