WAIVER AND RELEASE OF LIABILITY In consideration of the risk of injury while participating in Koningsdag 2024 Houston (the ‘Activity’), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Radial Drilling and Dutch Heritage and Culture Foundation and their owners, employees and volunteers for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I or anyone signed up above may suffer as a direct result of our participation in the aforementioned Activity, including traveling to and from an event related to this Activity. I AND MY FAMILY AND OTHER PEOPLE I'VE REGISTERED HERE ARE VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND WE AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT OUR OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATIONS. NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF OUR PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY. I agree to indemnify and hold harmless Radial Drilling and Dutch Heritage and Culture Foundation, and it's owners, employees and volunteers against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. and if Radial Drilling, Dutch Heritage and Culture Foundation or any owners, employees or volunteers incur any costs I agree to reimburse them. I acknowledge that
Radial Drilling, Dutch Heritage and Culture Foundation or any owners, employees or volunteers are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of the Dutch Heritage and Culture Foundation. I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS WAIVER THIS ‘WAIVER AND RELEASE’ AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE
Radial Drilling, Dutch Heritage and Culture Foundation or any owners, employees or volunteers FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST
Radial Drilling, Dutch Heritage and Culture Foundation or any owners, employees or volunteers FOR PERSONAL INJURY OR PROPERTY DAMAGE. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Radial Drilling, Dutch Heritage and Culture Foundation or any owners, employees or volunteers. In the event that I or anyone in my party should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I and the people in my party should carry our own health insurance. In the event that any damage to equipment or facilities occur as a result of my or my family’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness. This Agreement was entered into at arm’s-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the undersigned and the Dutch Heritage and Culture Foundation agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforce as so limited. I, the undersigned participant, affirm that I am of the age of 18 years or older, and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract that I am signing it of my own free will and on behalf of my partner, my children and any other person that I've signed up through this form.
