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Waiver & Release

WAIVER, RELEASE, AND INDEMNITY AGREEMENT

In consideration of (a) my participation in any capacity and the participation in any capacity by one or more of the minor(s) listed at the bottom of this document (“the Minor(s)”), in the activity described in Paragraph 1 (the “Activity”), including but not limited to activities organized or sponsored by HIGH ADVENTURE TREKS FOR DADS & DAUGHTERS, INC., a Texas non-profit corporation (“HATS”), and (b) being permitted by the owner(s) (the “Landowner”) to enter the property or properties (the “Property”) where all or part of the Activity occurs, I, for myself, the Minor(s) and each of our respective heirs, executors, legal representatives, successors and assigns hereby execute this WAIVER, RELEASE AND INDEMNITY AGREEMENT (the “Agreement”):
1. I agree that this Agreement applies to the current year the selected adventures below and my or Minor’s actions on the Property.
2. I understand the nature of the Activity and represent that I and the Minor(s) are each qualified and are in good health and proper physical and emotional condition to participate in the Activity. I agree that the equipment, if any, that we will be using during the Activity is suitable for the intended use during the Activity. If at any time I believe conditions to be unsafe, I and the Minor(s) will immediately discontinue participation in the Activity.
3. I understand and acknowledge that (a) the Activity and entry to the Property involves risks and dangers of SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH, as well as property damage or loss (“Risks”). These Risks can arise from, among other things, (a) rafting, canoeing, swimming, kayaking, bicycling, mountain biking, indoor or outdoor rock climbing, repelling, hiking, backpacking, bushwacking, horseback riding, low ropes courses, and other outdoor, athletic, or physical activities; (b) NEGLIGENT use or failure of facilities and equipment at such activities; (c) the NEGLIGENCE or lack of adequate training of the Landowner or HATS personnel or volunteers, including those who seek to assist with or direct the Activity, rescue operations, or medical or other help either before or after bodily injuries or property damage have occurred. I acknowledge and agree that the Landowner has relied on my representation to always adhere to HATS guidelines while on the Property, including its prohibition against alcohol and firearms, and the requirement that minors have a parent present at all times.
4. I and the Minor(s) expressly assume all these Risks. The participation by myself or the Minor(s) in the Activity is purely voluntary, and we each elect to participate in the Activity in spite of the Risks and the limitations imposed upon our legal rights by this Agreement.
5. The Minor(s) and I hereby voluntarily WAIVE, RELEASE, FOREVER DISCHARGE AND COVENANT NOT TO SUE HATS, THE LANDOWNER, their officers, directors, agents, employees, representatives, members, volunteers, successors and assigns, and any other party indemnified and held harmless by HATS or the Landowner (collectively, the “Releasees”) from any and all liability, claims, loss, demands, actions or rights of action, costs or expenses (including attorney’s fees and expenses) related to, arising directly or indirectly from or attributable in whole or in part to participation by the Minor(s) or myself in the Activity, INCLUDING but not limited to those arising from, caused by or alleged to arise from or be caused by the NEGLIGENCE OR GROSS NEGLIGENCE OF ANY OF THE RELEASEES (collectively, “Claims”).
By entering your initials below, you hereby acknowledge and agree that such entry constitutes your electronic signature, which is legally binding and enforceable.
6. If, despite this Agreement, I, the Minor(s) or anyone else asserts a Claim on my behalf or on behalf of the Minor(s), or as a derivative claim on the claimant's own behalf, against any Releasee for losses from injury or property damage arising from the Activity or the Property, I will INDEMNIFY, SAVE, AND HOLD HARMLESS the Releasees from any and all expenses, fees, liability or damage award, or cost of any type (including without limitation attorney’s fees and expenses) which the Releasees may incur as the result of such Claim, even if the Claim arises from, is caused by or is alleged to arise from or be caused by the NEGLIGENCE OR GROSS NEGLIGENCE OF ANY OF THE RELEASEES.
By entering your initials below, you hereby acknowledge and agree that such entry constitutes your electronic signature, which is legally binding and enforceable.
7. I understand and agree that HATS and the Landowner shall have no obligation to pay or furnish insurance to pay for any property damage, medical, dental, hospital, or other charges, costs, or expenses that I or the Minor(s) may incur. I certify that the Minor(s) and I have health, accident, and liability insurance to cover any bodily injury or property damage the Minor(s) or I may cause or suffer while participating in the Activity, or else I agree to bear the costs of such injury or damage myself.
8. The terms of this Agreement are to be governed by and construed under the laws of the State of Texas, without regard to its rules regarding choice of laws. I agree that exclusive jurisdiction and venue for any dispute arising between HATS and me or the Minor(s) involving this Agreement will be in the District Courts of Dallas County, Texas. Should any term or provision of this Agreement be found to be unenforceable or void, in whole or in part, the balance of the Agreement shall remain in full force and effect.
9. I understand and agree that this Agreement is intended to and shall inure to the benefit and protection of HATS and the Landowner, their agents, owners, directors, officers, employees, volunteers and any other persons or entities acting in any capacity on their behalf.
Adult Participant's Name(Required)
All Participating Minors(Required)
Please list all children participating this year
By entering your full name below, you hereby acknowledge and agree that such entry constitutes your electronic signature, which is legally binding and enforceable.
Accept Waiver & Release Agreement(Required)
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