ASSUMPTION OF RISK AND RELEASE OF LIABILITY AGREEMENT:
DALLAS STARLINGS VOLLEYBALL CLUB ACTIVITIES
I HAVE READ THIS AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A COMPLETE RELEASE OF LIABILITY AND A BINDING CONTRACT, AND I SIGN IT OF MY OWN FREE WILL. I CERTIFY THAT I AM AT LEAST 18 YEARS OF AGE ON THE DATE HEREOF, AND IF I AM SIGNING ON BEHALF OF A MINOR PARTICIPANT, THAT I AM THE PARTICIPANT’S PARENT OR LEGAL GUARDIAN.
I and/or my child (collectively “I,” “me,” or “my”) understand and acknowledge that I have voluntarily chosen to participate in activities at Dallas Starlings Volleyball Club Activities and/or to use the Dallas Starlings Volleyball/City of Dallas Recreation Centers, including but not limited to indoor, outdoor, and sand volleyball; weight, strength, and fitness training and instruction; participation in leagues, competitions, tournaments, camps, or special events; instruction in any activities; and/or any other activity undertaken on Dallas Starlings Volleyball Club premises (hereinafter collectively referred to as the “Dallas Starlings Volleyball Activities”) and use of buildings, locker rooms, indoor and outdoor volleyball courts, including sand courts, fitness equipment, weights, and other facilities owned or used by Dallas Starlings Volleyball (hereinafter collectively referred to as “use of the facilities”). In consideration for my being allowed to participate in the Dallas Starlings Volleyball Activities and the use of the facilities, I hereby agree to release and discharge from all liability Dallas Starlings Volleyball Club, City of Dallas, and each of their agents, owners, members, affiliates, investors, officers, directors, volunteers, employees, coaches, instructors, tournament sponsors, contractors, all other persons or entities acting in any capacity on their behalf, all landlords and property owners (hereinafter collectively referred to as “Dallas Starlings Volleyball”), on behalf of myself, my children, my parents, my heirs, assigns, personal representatives, guardians and estate as set forth herein.
1. Acknowledgment of Risk: I recognize that there are inherent and other risks, which may or may not all be listed in this document, associated with the Dallas Starlings Volleyball Activities. These dangers include but are not limited to falling; striking padded or unpadded surfaces; being injured by balls, posts, other objects, or the actions or inactions of participants, instructors, or spectators; equipment failures; risks associated with playing volleyball on hard surfaces and sand; risks associated with encounters with animals and insects; potential exposure to communicable disease such as viruses and bacteria in connection with use of the facilities; and illness or injury resulting from engaging in physical activity. I recognize that if I encounter these risks, serious injury or death may result, and I understand that no amount of care, caution, instruction or expertise can eliminate these risks. I understand that I alone am responsible to decide whether to engage in the Dallas Starlings Volleyball Activities. I confirm that I am physically and mentally capable of participating in the Dallas Starlings Volleyball Activities, and I understand that if my mental or physical condition changes after the execution of this agreement such that I am not capable of participating in the Dallas Starlings Volleyball Activities, I am obligated to cease participating in the Dallas Starlings Volleyball Activities. I understand that it is my responsibility to comply with all posted procedures, including safety procedures and hygiene procedures intended to lessen the likelihood of the spread of disease between participants and/or staff.
2. Assumption of Risk: Despite the risks involved and as consideration for being allowed to participate in the Dallas Starlings Volleyball Activities, I AGREE TO EXPRESSLY ASSUME ANY AND ALL RISK OF INJURY OR DEATH that might be associated with my participation in the Dallas Starlings Volleyball Activities and use of the facilities.
3. Agreement Never to Sue: I AGREE NEVER TO SUE AND TO RELEASE FROM LIABILITY Dallas Starlings Volleyball for any damage, injury or death to me arising from participation in the Dallas Starlings Volleyball Activities or use of the facilities, regardless of cause, including the ALLEGED NEGLIGENCE of Dallas Starlings Volleyball, including claims of negligent instruction, with the exception of claims that cannot be released under applicable law. I understand that this RELEASE OF LIABILITY will prevent me, my child, and my heirs from filing suit or making any claim for damages in the event of injury or death arising from my participation in the Dallas Starlings Volleyball Activities or use of the facilities. I UNDERSTAND THIS IS A RELEASE OF LIABILITY that will apply whenever I participate in the Dallas Starlings Volleyball Activities or use of the facilities, and that each time I use the facilities and/or engage in the Dallas Starlings Volleyball Activities, that will constitute a renewal and reaffirmation of my and acceptance of this agreement.
4. Indemnity: If I, my child, my heir, my estate, or my legal representative files a claim or a lawsuit arising out of my participation in the Dallas Starlings Volleyball Activities or use of the facilities, I AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Dallas Starlings Volleyball for any and all damages, attorney’s fees, and costs arising out of such a claim or a lawsuit. If I execute this agreement on behalf of another person, I certify that I am authorized to execute this agreement on their behalf and agree to DEFEND, INDEMNIFY, AND HOLD HARMLESS Dallas Starlings Volleyball in the event that person brings a claim and contends that I was not authorized to execute this agreement.
5. Governing Law, Jurisdiction and Severability. I agree that this Waiver and Release of Liability shall be governed by Texas law and construed as broadly as permissible under the law. In the event that I file a lawsuit against Dallas Starlings Volleyball, I agree to do so solely in the State of Texas, Dallas County Superior Court. I agree that if any portion of this Waiver and Release of Liability is held to be invalid, the rest shall nonetheless remain in full force and effect. This document constitutes the entire agreement between the parties and it cannot be changed or modified except in writing.
6. Photo and Video Release: I acknowledge that Dallas Starlings Volleyball and other participants may photograph or videotape the Dallas Starlings Volleyball Activities and Dallas Starlings Volleyball facilities. I agree that Dallas Starlings Volleyball may use these recordings in any way without compensation to me including, but not limited to, for marketing purposes and as evidence in any litigation.
I HAVE READ THIS AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A COMPLETE RELEASE OF LIABILITY AND A BINDING CONTRACT, AND I SIGN IT OF MY OWN FREE WILL. I CERTIFY THAT I AM AT LEAST 18 YEARS OF AGE ON THE DATE HEREOF, AND IF I AM SIGNING ON BEHALF OF A MINOR PARTICIPANT, THAT I AM THE PARTICIPANT’S PARENT OR LEGAL GUARDIAN.

In Witness whereof I have voluntarily and without inducement from any party, executed this Release and Waiver