I desire to participate in a sightseeing tour (the “Tour”) hosted by ACCESS ATX, LLC, A TEXAS LIMITED LIABILITY COMPANY, D/B/A TWISTED TEXAS TOUR (“AA”), including, without limitation, to be a passenger in any vehicle, whether the vehicle is owned by AA or any other party, or otherwise enter any area where the Tour takes place, at my own discretion, or to observe or otherwise participate in or in any other way be involved for any purpose with the Tour. In consideration of being permitted to participate in the Tour, I hereby agree to all the terms of this Release of Liability and Waiver of Rights (this “Release”), including all the covenants and agreements listed.
This Release shall be binding upon and enforceable against me, my personal representatives, spouse, assigns, heirs, and next of kin without limitation. It is my desire and intent that the words, terms, provisions, covenants, and remedies contained in this Release shall be enforceable to the fullest extent permitted by Applicable Law.
If any portion of this Release is held invalid, the remainder shall not be affected and shall continue in full legal force and effect. That shall include modifying the Release to allow any remaining claims to be waived, released, and indemnified against in the event that the inclusion of any particular provision is found to be invalid or contrary to public policy. The terms of this Release shall continue from this date forever. This document constitutes the entire agreement between AA and me and supersedes any previous or contemporaneous discussions or agreements between us in respect of these matters.
I specifically acknowledge and agree that this document is not intended to be a general release subject to limitations and conditions that would otherwise apply under applicable state laws, ordinances, statutes, rules, and regulations (collectively, “Applicable Law”), and additionally agree to WAIVE ANY AND ALL GENERAL RELEASE LIMITATIONS PROVIDED BY APPLICABLE LAW OR ANY RIGHTS GRANTED TO ME UNDER APPLICABLE LAW. This Release shall be construed and interpreted as broadly as possible under the Applicable Law of the laws of the State of Texas.
I hereby irrevocably and unconditionally agree for myself, as well as my personal representatives, heirs, next-of-kin, insurers, successors, and assigns, as follows:
1. ASSUMPTION OF RISK; WARRANTY DISCLAIMER. My choice to participate in the Tour is knowing, voluntary, and made for my personal enjoyment. I understand that participation in the Tour involves inherent risks and dangers of accidents, rescue operations, emergency treatment, property loss or damage, serious personal and bodily injury, death, and severe personal and economic losses. These may result not only from my own actions, inactions, or negligence, but also from the actions, inactions, or negligence of others, or the condition of the facilities, equipment, or vehicles. Further, there may be other risks not known to me or reasonably foreseeable at this time. I understand and I have considered the risks involved, and I voluntarily and freely choose to assume these risks. ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE TOUR AND/OR PARTICIPATION ARE HEREBY DISCLAIMED. THE TOUR IS PROVIDED “AS-IS.”
2. RELEASE FROM LIABILITY. I fully and forever release and discharge AA and its respective affiliates, directors, officers, shareholders, employees, agents, and insurers, and all others involved in the Tour (collectively referred to in this Release as “AA”) from any and all injuries (including death), losses, damages, claims (including negligence claims), demands, lawsuits, expenses, and any other liability of any kind, of or to me, my property, or any other person, directly or indirectly arising out of or in connection with my participation in the Tour, even if it is due to the negligence, injudicious act, omission, or other fault of AA. IN NO EVENT SHALL ACCESS ATX, LLC OR ITS AFFILIATES BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, STATUTORY, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES OF ANY NATURE OR TYPE WHATSOEVER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. THE ENTIRE AGGREGATE LIABILITY OF ACCESS ATX, LLC, AS WELL AS THE LIABILITY, IF ANY, OF ANY OFFICER, DIRECTOR, PARTNER, EMPLOYEE, AFFILIATE, FOR ANY CLAIMS RELATING TO THE TOUR, OR THIS AGREEMENT, SHALL NOT EXCEED THE PRICE PAID FOR THE TOUR.
3. INDEMNITY. I will defend, indemnify, hold harmless and reimburse AA from and for all damages, losses, costs, or expenses (including legal fees) incurred by AA or paid by them to any person (including me or my insurers) in respect of any accident, injury (including death), loss, or property damage, however caused resulting from, arising out of, or otherwise in connection with my attendance or participation in the Tour. I will reimburse AA if anyone makes a claim against AA in connection with my attendance or participation in the Tour, including, without limitation, any accident I may be involved in or any injury, loss, damage to me, other parties or property however caused.
4. COVENANT NOT TO SUE. I will not initiate any claim, lawsuit, court action, or other legal proceeding or demand against AA, nor join or assist in the prosecution of any claim for money or other damages which anyone may have, on account of injuries (including death), losses, or damages sustained by me, other parties, or my (or others’) property in connection with my participation in the Tour, and I waive any right I may have to do so. This means that I cannot sue to hold AA responsible for any injury, loss, or damage sustained by me, other parties, or my (or others’) property in connection with the Tour, even if it is due to the negligence, injudicious act, omission, or other fault of AA. I waive my insurers’ right to make a claim against AA based on payments by insurers to me or on my behalf, for any reason. This means my insurers have no rights of subrogation against AA.
5. MEDICAL EXPENSES. I hereby consent to receiving medical treatment which may be deemed necessary in the event of any illness, accident or injury, or medical emergency resulting from or in connection with my participation in the Tour and understand that I am solely responsible for all costs related to such medical treatment, medical transportation and/or evacuation. In no event does the foregoing obligate AA to provide medical care; AA will endeavor to contact emergency medical responders and/or locate nearby medical personnel to provide medical care to passengers.
6. REPRESENTATIONS. I am over twenty-one (21) years of age. I am in good health, in proper physical condition, and I do not have any medical or other conditions that would impair my ability to ride in a vehicle or otherwise participate in the Tour. If at any time I believe conditions to be unsafe or that I am no longer in proper physical condition to participate in the Tour, I will immediately discontinue further participation in the Tour.
7. COVENANTS. I will follow any and all instructions, recommendations, and cautions of AA at all times during the Tour. I will comply with all Applicable Laws while participating in the Tour. I will not be a passenger in any vehicle at the Tour while under the influence of any alcohol or illegal drug, or any intoxicant, narcotic, prescription medicine, or other drug in a manner which would impair my ability to ride in a vehicle, safely embark and/or disembark from a vehicle (including utilizing steps to get in and out of the vehicle), and/or interact safely and courteously with other passengers. I understand and agree that AA may eject me from the Tour without refund, if, in AA’s sole discretion, I become a danger to myself or others. Should I feel that any conditions on the Tour are unsafe to me for any reason, I will immediately notify the guide and/or driver so that the issue can be addressed.
8. PUBLICITY. I hereby grant AA, without limitation, the right to use my name and likeness in connection with the Tour for any publicity without further compensation or permission.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ THIS RELEASE INCLUDING THE COVENANTS AND AGREEMENTS AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING BELOW. I HAVE SIGNED THIS RELEASE FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT, ASSURANCE, OR GUARANTEE OF ANY NATURE BEING MADE TO ME.
I HEREBY WARRANT THE TRUTH OF THE ABOVE STATEMENTS AND I DECLARE THAT I HAVE NOT WITHHELD ANY INFORMATION THAT WOULD INFLUENCE THE DECISION OF AA IN ALLOWING ME TO PARTICIPATE IN THE TOUR. I AM FREE TO NOT SIGN THIS RELEASE, AND WHETHER OR NOT THIS RELEASE IS SIGNED, I REMAIN FREE TO CHOOSE TO NOT PARTICIPATE IN THE TOUR.
April 5, 2020