The undersigned, being of sound mind and being duly authorized to sign and bind on his/her own behalf and on behalf of the participant(s) identified below (hereinafter “RELEASOR”), executes this General Waiver, Release, Express Assumption of Risk, and Agreement to Indemnify (hereinafter “General Waiver”). In exchange for the good and valuable consideration for being allowed to attend and/or participate in the Rainbow Roundup Camping Trip (October 8, 2021 through October 10, 2021), at North Texas Jellystone Park, 2301 S Burleson Blvd, Burleson, Texas 76028 (hereinafter the “Event”) and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned, on his/her own behalf, and on behalf of the participant(s) identified below (hereinafter “RELEASOR’S PARTICIPANTS”), acknowledges and agrees as follows: - RELEASOR desires to participate in the Event being sponsored by Rainbow Roundup. In consideration for the promises and releases in this General Waiver, Rainbow Roundup has agreed to allow RELEASOR and RELEASOR’S PARTICIPANTS to participate in the Event.
- For purposes of this General Waiver, the term “RELEASEES” includes Rainbow Roundup, its Board of Directors, operators, volunteers, and independent contractors, including all affiliated entities, predecessors, successors, assigns, officers, administrators, transferees, agents, counsel, experts, and insurers.
- RELEASOR represents that s/he is the parent or legal guardian of RELEASOR’SPARTICIPANTS named below.
- RELEASOR further acknowledges and agrees that there are significant risks of severe personal injury and/or death associated with RELEASOR'S and RELEASOR’S PARTICIPANTS’ participation in the Event, and that s/he intends to take full and complete responsibility for any personal injury and/or death that may occur as a result of that participation. RELEASOR acknowledges and expressly agrees that RELEASOR assumes all such risks associated with participation in the Event for himself/herself and that of RELEASOR’S PARTICIPANTS.
- RELEASOR acknowledges and agrees that s/he has made an independent determination of whether it is safe and healthful to participate in the Event. RELEASOR acknowledges and agrees that neither Rainbow Roundup nor RELEASEES makes any representations or warranties or expresses any opinions, express or implied, concerning the safety or health risks of participation in the Event, and that RELEASOR is not entitled to rely upon any action, statement, or omission by Rainbow Roundup or RELEASEES.
- In consideration for the right to participate in the Event, RELEASOR, on behalf of himself/herself and RELEASOR’S PARTICIPANTS, and each of his/her personal and legal representatives, heirs, devisees, executors, successors and assigns, hereby fully and forever waives, releases, acquits, and discharges RELEASEES from, and covenants not to sue RELEASEES for, any and all claims, causes of action, demands, rights, liabilities, damages, obligations, costs, expenses, and debts, of every kind and nature whatsoever, whether based on statute, tort, contract, common law, or other theory of recovery, whether known or unknown, suspected or unsuspected, fixed or contingent, arising solely or in part out of or relating in any way to RELEASOR'S and/or RELEASOR’S PARTICIPANTS’ participation in the Event (collectively “Claims”), even if such Claims result solely or in part from the negligence of RELEASEES.
- It is the intention of RELEASOR and is fully understood and agreed by him/her that this General Waiver includes all Claims and potential claims against RELEASEES, or any of them, whether or not they are specifically referred to herein. No reference herein to any specific claim or obligation is intended to limit the scope of this General Waiver and, notwithstanding any such reference, this General Waiver shall be effective as a full and final bar to all Claims of every kind and nature that are released herein. As part of the foregoing General Waiver, RELEASOR is waiving all of its rights to any recovery, compensation, or other legal, equitable, or injunctive relief (including, but not limited to, compensatory damages, liquidated damages, punitive damages, or attorneys’ fees), from the RELEASEES in any judicial, administrative, arbitral, or other action brought by or on behalf of RELEASOR OR RELEASOR’S PARTICIPANTS in connection with any Claims released herein.
- In further consideration for the right to participate in the Event, RELEASOR agrees to indemnify and hold harmless RELEASEES from any and all liability, damages, judgments, costs, expenses, or fees, including attorneys' fees (collectively “Losses”), resulting from or connected to any claim, suit, or action brought by or on behalf of RELEASOR OR RELEASOR’S PARTICIPANT arising solely or in part out of or relating in any way to RELEASOR'S OR RELEASOR’S PARTICIPANTS’ participation in the Event, even if such Losses are caused solely or in part by the negligence of RELEASEES. In further consideration for the right to participate in the Event, RELEASOR agrees to indemnify and hold harmless RELEASEES from any Losses, liens, rights of subrogation, actions, claims, or third-party actions or claims made by any person, corporation, partnership, state or federal government, government agency, hospital, or any other medical or health care provider, or any disability or insurance benefits provider, or any other entity, arising solely or in part out of or relating in any way to RELEASOR'S OR RELEASOR’S PARTICIPANTS’ participation in the Event, even if such Losses are caused solely or in part by the negligence of RELEASEES.
- This General Waiver shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflicts of law principles. Any action arising out of or relating to this General Waiver or the Event shall be brought exclusively in District Court in Dallas County, Texas, or the United States District Court for the Northern District of Texas, Dallas Division.
- RELEASOR, on behalf of himself/herself and RELEASOR’S PARTICIPANTS, HEREBY FULLY WAIVE ANY RIGHT TO TRIAL BY JURY WITH REGARD TO ANY CLAIM ARISING UNDER OR RELATED TO THIS GENERAL waiver OR attendance and/or participation in the event, INCLUDING BUT NOT LIMITED TO ANY CLAIM, CAUSE OF ACTION, COUNTERCLAIM, OR OTHER ACTION ARISING IN CONNECTION THEREWITH.
- RELEASOR acknowledges that s/he has carefully read and fully understands this General Waiver, that s/he knows and understands the rights s/he is waiving by signing this General Waiver, and that s/he has entered into this General Waiver knowingly and voluntarily, without coercion, duress or overreaching of any sort. RELEASOR further acknowledges that in making this General Waiver, s/he has relied upon his/her own judgment, belief, and knowledge of the nature, extent, and duration of any injuries, losses and damages, and no representations or statements regarding said injuries, losses or damages, or regarding any other matters made by RELEASEES, or any other persons representing them, have been relied upon by RELEASOR to any extent whatsoever in executing this General Waiver.
- If any term of this Agreement is deemed unenforceable, void, voidable or illegal, such term shall be deemed severed from all other terms of this Agreement which shall otherwise continue in full force and effect.
BY SIGNING BELOW, RELEASOR CONFIRMS S/HE HAS CAREFULLY READ THE FOREGOING GENERAL WAIVER AND FULLY UNDERSTANDS AND AGREES TO THE ABOVE TERMS AND CONDITIONS. Date: September 23, 2026 |