In consideration of my Minor Child being permitted to enter the premises, use the facilities, obstacles, related equipment and/or observe or participate in any way in Houston Obstacles, LLC (Obstacle Warrior Kids-The Woodlands) programs, events or activities wether on or off the premises (Activity), I, for myself and my Minor Child, as well as our respective heirs, estates, executors, representatives, administrators and assignees:
1. ACKNOWLEDGE, agree and represent that I understand the nature of the Activity and I understand my Minor Childs experience and capabilities and believe my Minor Child to be qualified, in good health and in proper physical condition to participate in the Activity and do not know of any condition or reason my Minor Child should not participate in the activity. I further agree and warrant that if, at any time, I or my Minor Child believes the conditions to be unsafe, my Minor Child will immediately discontinue further participation in the activity.
2. AGREE that my Minor Childs safety is primarily my own responsibility. I agree to make sure that my Minor Child knows how to safely participate in the Acivity. My Minor Child agrees to observe any rules and practices that may be employed to minimize the risk of injury and agrees to stop and seek assistance if he/she does not believe he/she can safely continue, to limit his/her participation to reflect his/her personal fitness level and to refrain from any and all actifions that would pose a hazard to himself/herself or others.
3. FULLY UNDERSTAND that: (a) THIS ACTIVITY INVOLVES RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING THE POTENTIAL FOR PERMANENT DISABILITY, PARALYSIS AND DEATH (Risks) and while particular rules, equipment and personal discipline may reduce these Risks, these Risks of serious injury do exist; (b) these Risks and dangers may be caused by my Minors Childs own actions or inactions, the actions or inactions of others participating in the Activity, the conditions of which the Activity takes place and/or THE NEGLIGENCE OF THE RELEASEES; (c) there may be OTHER RISKS and/or SOCIAL AND ECONOMIC LOSSES either not known tome or not readily foreseeable at this time.
4. RECOGNIZE AND ACKNOWLEDGE THAT HOUSTON OBSTACLES, LLC DOES NOT CARRY ANY TYPE OF ACCIDENT OR HEALTH INSURANCE POLICY ON THE PARTICIPANTS IN THE ACTIVITY and that injuries can be catastrophic for those without proper medical coverage.
5. KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELASEES or others, AND ALL RESPONSIBILITY FOR LOSSES, COSTS AND DAMAGES I or my Minor Child incurs as a result of my Minor Childs participation in the Activity.
6. HEREBY RELEASE, DISCHARGE AND COVENENT NOT TO SUE HOUSTON OBSTACLES, LLC, its affiliates, owners, directors, agents, officers, managers, partners, members, volunteers, employees, other participants and its attorneys (Releasees) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES OR DAMAGES ON MY MINOR CHILDS ACCOUNT CAUSED, OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEEASEES OR OTHERWISE TO THE FULEST EXTENT PERMITTED BY TEXAS LAW, INCLUDING NEGLIGENT RESCUE OPERATIONS; AND I FURTHER AGREE that if, despite this WAIVER AND RELEASE OF LIABILTY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, my Minor Child or anyone on myMinor Childs behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which may be incurred as the result of such claim.
I ACKNOWLEDGE THAT I AM 18 OR OLDER, HAVE READTHE AGREEMENT AND FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGHNING IT, HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE, AND I, FOR MYSELF AND MY MINOR CHILD, INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREMENT IS HELD TO BE INVALID, THE BALANCE, NOT WITHSTANDING, SHALL CONTIUNE IN FULL FORCE AND EFFECT.