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WAIVER, RELEASE,
AND INDEMNIFICATION AGREEMENT

 

I, the individual indentified below, (“User”), agree that in consideration for the right to attend certain events and participate in activities, including but not limited to, PRO FLOW SURF SIMULATOR, CABLE WAKEBOARDING, SWIMMING, FLOATING, GAMES AND ACTIVITIES  (the “Events”) at the Cove at BearX or BearX or the any activity on the premises of 350 Deacon Drive W, College Station, Texas 77845 (the “Property”), I agree to the terms set forth herein. I agree that I am attending the Events and traveling to and from, and visiting the Property AT MY OWN RISK. I, on behalf of myself and my minor child identifed below (if applicable), my personal representatives, and my heirs, AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY, HMH AQUATIC ENTERPRISES, LLC; BRX BCS F&B, LLC; BRX BCS HOLDINGS LLC; ELEVATED LIFE BRANDS LLC; ELEVATED LIFE TRIBE, INC., (INCLUDING, WITH RESPECT TO EACH OF THE FOREGOING, EVERY SUBSIDIARY, AFFILIATE, AND PARENT COMPANY, ALONG WITH ALL AGENTS, CONTRACTORS, REPRESENTATIVES, MANAGERS, MEMBERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, STAFF, AND ATTORNEYS) (together, the “Released Parties”),from any claims, causes of action, demands, losses, damages, expenses, and costs, including, but not limited to, any claim for personal injury or property damage, including death (the “Claims”), arising out of or relating in any way to my attendance or participation at the Events, or my presence at the Property, INCLUDING ANY CLAIMS ARISING OUT OF OR CAUSED BY ANY ACTS OR OMISSIONS OF THE RELEASED PARTIES, OR ANY NEGLIGENT ACT(S) BY THE RELEASED PARTIES TO THE EXTENT ALLOWED BY LAW. Nothing herein shall be construed as an acknowledgement or agreement by the Released Parties that any Released Party would otherwise be responsible or liable for the Claims or for User’s safety. I agree that the Released Parties are not responsible for personal property lost, stolen, or damaged during the Events or in connection with my presence at the Property.

I understand that this document is intended to be as broad and inclusive as permitted by the laws of the State of Texas. I agree that if any portion of this waiver and release is deemed invalid, that the remainder will remain in full force and effect.

By participating in the Events, I further grant the Released Parties permission to use my image and likeness in photography and video for publicity and any related marketing or advertising, including but not limited to website, publications, displays, or presentations.

IMPORTANT NOTICE FOLLOWS, USER SHOULD READ CAREFULLY: THE INDEMNIFICATION PROVISIONS IN THIS AGREEMENT SHALL BE ENFORCEABLE REGARDLESS OF WHETHER THE LIABILITY IS BASED ON THE PAST, PRESENT, OR FUTURE ACTS OF THE RELEASED PARTIES, AND REGARDLESS OF WHETHER ANY PERSON (INCLUDING THE PERSON FROM WHOM INDEMNIFICATION IS SOUGHT) ALLEGES OR PROVES THE SOLE, CONCURRENT, CONTRIBUTORY, OR COMPARATIVE NEGLIGENCE OF THE PERSON SEEKING INDEMNIFICATION, OR THE SOLE OR CONCURRENT STRICT LIABILITY IMPOSED ON THE PERSON SEEKING INDEMNIFICATION.

This agreement will continue to remain in place and will be fully enforceable for all travel to and from the Property as well as any access/visit to the Property.

On behalf of the minor(s) identified below (also a “User”), I, as legal guardian, agree that all acknowledgements, releases, and agreements provided above and herein shall extend to the person(s) identified below, and that the Released Parties are held harmless and released from any and all claims, causes of action, demands, losses, damages, expenses, and costs, including, but not limited to, any claim for person injury or property damage, arising out of or relating to any travel to or attendance at the Event, or stay at the Property, or arising out of any acts or omissions by the Released Parties,INCLUDING ANY NEGLIGENT ACTS BY THE RELEASED PARTIES.

 

BY MY SIGNATURE BELOW, I ACKNOWLEDGE THAT I HAVE READ THE ENTIRE AGREEMENT AND I AGREE TO ALL TERMS AND CONDITIONS.

AGREED AND ACCEPTED:

 

DATE:_October 6, 2022

 

 

 

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*
A signed copy of this waiver will be sent to the email address you provide.
Emergency Contact

Emergency Contact's Name*

Emergency Contact's Phone Number*
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Relationship*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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