TRIPOLI HOUSTON ROCKETY CLUB, INC.
ASSUMPTION OF RISK
GENERAL RELEASE AND INDEMNIFICATION AGREEMENT
The individual named below (referred to as “I”, “me” or “my”) desires to launch a high power rocket at a launch event sponsored by
Tripoli Houston Rocketry Club, Inc., a prefecture of Tripoli Rocketry Association Inc. (hereinafter referred to as “THRC”), and, in
connection therewith, to enter the premises, properties, and/or facilities (the “THRC Sites”) used for the launching of high powered
rockets and/or other related activities under the direction of THRC (“Activities”). In consideration of entering upon any THRC Sites, and
participating thereon in Activities, I, on behalf of myself, my heirs, legal representatives and assigns, hereby voluntarily and knowingly
assume all risks and waive and release all claims related thereto, and agree to indemnify THRC and all duly appointed directors and
officers as well as the individual owners and lessees of any THRC Sites (“Property Holders”), all as provided herein.
I understand and agree that THRC Sites and Activities may pose potential risks, including, without limitation, risks to my health, safety,
and well-being, that do not exist in ordinary property or workplace. I further acknowledge Activities are generally a dangerous activity by
their inherent nature and that participation in Activities exposes me to substantial and serious hazards and risks of property damage,
personal injury, and/or death. As such, I understand and accept that (i) an active national membership in at least one of the following
rocketry organizations is strictly required as a prerequisite to my involvement in Activities: Tripoli Rocketry Association Inc. (“Tripoli”) or
the National Association of Rocketry (“NARS”), and (ii) the Tripoli High Power Safety Code (located at www.tripoli.org) must be strictly
followed by all attendees during Activities. I hereby represent that I have an active national membership with Tripoli and/or NARS and
agree to follow the Tripoli High Power Safety Code and all instructions of THRC while on any THRC Site and participating in Activities. I
understand and accept the "as-is" conditions and activities (including Activities) pertaining to any of the THRC Sites (which term shall
include the rocket launch and recovery range or equipment in Robertson County, Texas and/or Brazoria County, Texas, and any roads,
buildings, gates or other improvements located thereon) upon which I will enter including, but not limited to, the following:
1. The THRC Sites are in an unimproved, semi-wilderness state.
2. The Property Holders and THRC have no obligation to improve, alter or repair any THRC Site or to make it safe.
3. The Property Holders and THRC have no obligation to warn of dangerous conditions, whether latent or patent, that may exist upon
any THRC Site.
4. The Property Holders and THRC have no obligation to patrol any THRC Site or to enforce any applicable laws, rules, and regulations
thereon.
5. Various other activities may be conducted concurrently upon said THRC Site while I am there; including, but not limited to, hunting,
woodcutting, oil explorations and/or drilling, farming, low-flying aircraft, aircraft take-offs and landings, aircraft maintenance, discharging
of firearms, managing livestock, constructing and maintaining roads, fences, pipelines, utility lines and other improvements, and such
other activities that may create hazards to my safety or others.
6. Other persons may be present from time to time within the same area, and my own activities need to be conducted in a careful and
prudent manner with due regard for the safety and well-being of such other persons.
7. The acts or omissions (including the active or passive negligence) of the Property Holders and/or THRC, its trustees, officers,
directors, managers, employees, agents and/or such other persons or entities may result in my experiencing losses, damages or bodily
injury (including death).
8. Fire hazard conditions normally exist upon said THRC Sites because of abundant dry grasses, leaves and vegetation. Extreme
caution is required in smoking, cooking and using vehicles upon said THRC Sites to prevent grass and forest fires. Additionally, if
camping on any THRC Site, NO OPEN FIRES ARE ALLOWED.
9. The roads and trails upon said THRC Sites are not maintained free of ruts, rocks, loose materials, overhanging branches, and other
hazards, and the steepness nature of the roadbeds and other attendant conditions are such that many of such roads and trails can only
be traveled by 4-wheel drive vehicles driven by a person well experienced in driving such a vehicle in rugged terrain, and the hazardous
condition of certain roads and trails is such that only an experienced driver will recognize that they should not be traveled at all.
10. Water found in streams, springs, lakes, ponds, ditches, canals, pipelines, tanks and troughs is untreated, its quality and potability is
uncertain, and such water should not be consumed because of the risk of its possible contamination.
11. My presence on any THRC Site exposes both me and my property to dangerous conditions, risks and hazards, including but not
limited to: launching of high and low power rockets, poisonous snakes, insects and spiders; erosion and general condition of the land,
both on and off roadways, creating rough, hazardous and dangerous driving and walking conditions; animals, both wild and domestic
that may be diseased and/or potentially dangerous; deep water; persons with firearms, both on or off the THRC Site; low-flying aircraft
and aircraft take-offs and landings; and the use of vehicles and launch equipment.
I declare that, prior to the execution of this Assumption of Risk, General Release and Indemnification Agreement (the “Agreement”), I
have apprised myself of sufficient relevant information respecting THRC, the Property Holders, the THRC Sites, and the conditions and
activities to be encountered thereon (including Activities), in order to intelligently exercise my judgment in deciding whether to execute
this Agreement, and further declare that my decision to do so was not based on or influenced by any declaration or representation of
the Property Holders, THRC or its trustees, directors, officers, employees, agents, or members.
NOTWITHSTANDING THE RISKS ASSOCIATED WITH THRC SITES AND ACTIVITIES, I ACKNOWLEDGE THAT I AM
VOLUNTARILY ENTERING THRC SITES AND PARTICIPATING IN ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED.
I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS ASSOCIATED WITH, ARISING FROM, OR INVOLVED WITH, THRC
SITES, THE ACTIVITIES ON OR AROUND THRC SITES, MY ENTRY IN OR PRESENCE ON THRC SITES, AND MY
PARTICIPATION IN ACTIVITIES, INCLUDING, WITHOUT LIMITATION, ANY RISK OF PERSONAL OR BODILY INJURY,
DISABILITY, OR DEATH TO ME OR ANY RISK OF LOSS OR DAMAGE TO MY PERSONAL PROPERTY, WHETHER CAUSED BY
THE NEGLIGENCE OF THE PROPERTY HOLDERS, THRC, OR OTHERWISE.
I HEREBY EXPRESSLY WAIVE AND RELEASE THE PROPERTY HOLDERS, THRC AND THRC’S OFFICERS, DIRECTORS,
MANAGERS, TRUSTEES, EMPLOYEES, MEMBERS, AND AGENTS (COLLECTIVELY, “RELEASEES”) FROM ANY AND ALL
LIABILITIES, CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, OR EXPENSES (INCLUDING COURT COSTS AND
ATTORNEYS’ FEES) OF ANY KIND OR NATURE, WHETHER NOW KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, IN
LAW OR IN EQUITY (COLLECTIVELY, “CLAIMS”) THAT MAY ARISE AS A RESULT OF OR IN CONNECTION WITH (I) THRC
SITES, OR ANY ACTIVITIES ON OR AROUND THRC SITES, OR (II) ANY SUSPENSION, TERMINATION, POSTPONEMENT, OR
CANCELLATION OF ACTIVITIES, EVEN IF SUCH CLAIMS MAY BE CAUSED BY OR ATTRIBUTED TO, IN WHOLE OR IN PART,
THE CONCURRENT, SOLE, OR CONTRIBUTORY NEGLIGENCE OF ANY RELEASEE OR FROM CLAIMS BASED ON STRICT
LIABILITY OR PREMISES LIABILITY. I COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST THE PROPERTY
HOLDERS, THRC, OR ANY OTHER RELEASEE, AND FOREVER RELEASE AND DISCHARGE THE PROPERTY HOLDER, THRC,
AND ALL OTHER RELEASEES FROM LIABILITY UNDER SUCH CLAIMS. I ACKNOWLEDGE THAT I AM WAIVING ANY RIGHT I
MAY HAVE TO RECOVER AGAINST ANY RELEASEE FOR ANY INJURIES, DEATH, DISABILITY, OR PROPERTY LOSS ARISING
FROM ACTIVITIES OR MY PRESENCE AT THRC SITES. I WAIVE ANY INSURER’S RIGHT TO MAKE A CLAIM AGAINST ANY
RELEASEE BASED ON PAYMENTS BY SUCH INSURER TO ME FOR ANY REASON. THIS MEANS MY INSURERS HAVE NO
RIGHTS OF SUBROGATION AGAINST ANY RELEASEE.
As used herein, the terms I, me, and myself include minors or guests in my care while on the THRC Sites.
If any term or provision of this Agreement or the application thereof to any party or circumstance is held invalid, illegal, or unenforceable
to any extent in any jurisdiction, then the remaining terms and provisions and their application to other parties or circumstances shall
not be affected thereby and shall be enforced to the greatest extent permitted by law. All matters arising out of or relating to this
Agreement shall be governed by and construed in accordance with the internal laws of the State of Texas, excluding any conflict of
laws rule or principle that might refer the governance or the construction of this agreement to the laws of another jurisdiction. It is
agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of this Agreement, that
such legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary
to bring the provision into conformity with the requirements of such limitations, and so modified, this Agreement shall continue in full
force and effect.
BY AGREEING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTOOD ALL OF THE TERMS OF THIS
AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE
PROPERTY HOLDERS AND THRC, WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME. I AM
VOLUNTARILY EXECUTING THIS AGREEMENT AND INTEND THAT I AND MY HEIRS, PERSONAL REPRESENTATIVES AND
ASSIGNS BE BOUND HEREBY
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