RELEASE OF LIABILITY, WAIVER, AND ASSUMPTION OF RISK I desire to participate in the Activity on the date as set out below, which has been organized by the Releasees. In consideration for being allowed to participate in the Activity on the date as set out below, which consideration is hereby expressly accepted and acknowledged on behalf of myself, my representatives, heirs, agents, administrators, trustees, executors, assigns, successors, and on behalf of any party or parties who claim a right or interest through me (hereinafter, the “Releasor”), I HEREBY RELEASE, ACQUIT, AND FOREVER DISCHARGE, WITHOUT QUALIFICATION OR LIMITATION the Releasees from any and all claims I may now and/or in the future may have against the Releases, from any and all liability, for any personal injury, death, and/or property damage, expense, and/or loss sustained by me as a result of my participation in the Activity due to any cause whatsoever, including by not limited to and without limitation, negligence, gross negligence, dangers, and/or hazards of participating in the Activity, and/or breach of statutory or other duty, including duties arising from occupier’s liability legislation. THE RELEASOR ACKNOWLEDGES AND ACCEPTS that the Activity is inherently risky and dangerous and there is a possibility of personal injury, death, property damager and/or loss resulting therein. THE RELEASOR CERTIFIES that he/she is physically fit for participation in this activity and has not been advised to not participate by a qualified medical professional. He/she certifies that there are no health-related reasons or problems that preclude participation in this activity. THE RELEASOR AGREES AND UNDERSTANDS that, in order to participate in the Activity on the date set out below, he/she must agree to be bound by the terms of this Release of Liability, Waiver, and Assumption of Risk. THE RELEASOR HEREBY confirms that, by executing this Agreement, he/she is representing that he/she is of the full age of majority OR that he/she is the parent or legal guardian of the person participating in the Activity, and that he/she has read, and understands, this Agreement. The Releasor acknowledges that he/she is not under the influence of any substances, including alcohol, illicit drugs, or prescription drugs, which may affect or impair his/her motor skills, judgement, or general ability to think clearly. IT IS AGREED AND UNDERSTOOD that the Releasor will not make any claim or take any proceedings against any other person or corporation who might claim, in any manner or forum, contribution or indemnity in common law or in equity. IT IS AGREED AND UNDERSTOOD that if the Releasor commences such an action, or takes such proceedings, and the Releasees are added to such proceeding in any manner whatsoever, whether justified in law or not, the Releasor will immediately discontinue the proceedings and/or claims, and the Releasor will be jointly and severally liable to the Releasees for the legal costs incurred in any such proceeding, on a substantial indemnity basis. This Release of Liability, Waiver, and Assumption of Risk shall operate conclusively as an estoppel in the event of any claim, action, complaint, or proceeding which might be brought in the future by the Releasor with respect to the matters covered by this Release or Liability, Waiver, or Assumption of Risk. This Release of Liability, Waiver, and Assumption of Risk may be pleaded in the event any such claim, action, complaint or proceeding is brought, as a complete defense and reply, and may be relied upon in any proceeding to dismiss the claim, action, complaint or proceeding on a summary basis and no objection will be raised by the Releasor in any subsequent action that the other parties in the subsequent action were not privy to formation of this Release. THE RELEASOR ACKNOWLEDGES that this Release of Liability, Waiver, and Assumption of Risk contains the entire Agreement between the parties hereto, that the terms of this Release of Liability, Waiver, and Assumption of Risk are contractual, are not a mere recital, and any breach of these terms may be enforced against the Releasor, and may give rise to a damage claim against the Release enforceable by a further legal proceeding. The Releasor further acknowledges that the Releasees have not made any oral, written, or visual representations or statements that are not otherwise reflected in this Agreement. THE RELEASOR HEREBY AGREES that this Release of Liability, Waiver, and Assumption of Risk will be governed by the Laws of the State of Texas and that any dispute arising from this Release of Liability, Waiver, and Assumption of Risk will be adjudicated by the court of jurisdiction in Texas and the Releasor hereby attorns to the exclusive jurisdiction of this Court for this purpose. PHOTOGRAPHS, VIDEOS, AND RECORDINGS Releasor hereby grants Schulman’s Movie Bowl Grille, its managers, employees, and owners (collectively) non-revocable permission to capture his/her image and likeness in photographs, videotapes, recordings, or any other media (collectively “images”). Releasor acknowledges that Schulman’s Movie Bowl Grille will own such images and further grants Schulman’s Movie Bowl Grille permission to copyright, display, publish, distribute, use, modify, print, and reprint such images in any manner whatsoever related to said business, including, but not limited to, publications, advertisements, brochures, web site images, or other electronic displays and transmissions thereof. Releasor further waives any right to inspect or approve the use of the image prior to its use. Today's Date: October 5, 2024 |