Acknowledgement of Risk
In consideration for participation in activities at MADFROG facility, I hereby agree as follows:
I understand that participation in MADFROG facility activities is risky and sometimes dangerous, and that risks of injury include, without limitation, scrapes, bruises, cuts, and even more serious injuries, such as paralysis or death can occur, and I fully accept and agree to assume all of these risks (including risks arising from the negligence of other participants), for myself and my child or ward. My child or ward has no medical condition that would preclude him or her from participating in MADFROG facility activities.
I willingly agree to comply with the program's stated and customary terms and conditions for participation. If I observe any unusual significant concern in my child's/ward’s readiness for participation and/or in the program itself, I will remove my child/ward from the participation and bring such attention of the nearest official immediately.
With the full understanding of the risks stated above I, for myself and my child or ward, hereby release, hold harmless, and indemnify MAD FROG LLC, MADSPORTS LLC, MADSAND LLC, The Pond Restaurant LLC, and the owners, officers, directors and managers of such entities, and their heirs, successors and assigns, in connection with the participation of myself, my child or my ward in activities at MADFROG facility.
I, for myself, my spouse, my child/ward, and on behalf of my/our heirs, assigns, personal representatives and next of kin, HEREBY INDEMNIFY AND HOLD HARMLESS all the above Releasees from any and all liabilities incident to my child’s/ward’s involvement or participation in these programs, EVEN IF ARISING FROM THEIR NEGLIGENCE, to the fullest extent permitted by law.
I agree to reimburse any reasonable attorney's fees and costs that may be incurred by defendant(s) in the defense of any such liability claim, demand, action or cause of action. In the event of a cause of action, I agree to do solely in the state of Texas, and further agree that the substantive law of that state shall apply in that action without regard to the law rules of that state. I approve the use of any photographs taken by MADFROG facility photographers in which the undersigned is part of to be used on the MADFROG Volleyball, MADSAND, and The Pond Restaurant website, social media, or print media. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and etc.
YOU ARE THE OPERATOR: I, for myself and my child or ward, have read the safety rules, agree to operate any attraction at this facility on the behalf of any attraction participants and enforce all safety rules of MADFROG facility and/or the manufacturer, and agree that the failure of myself, my child or my ward to follow these rules may result in injury or death.
I agree and understand that this agreement is binding on myself, my child or ward, and the heirs, successors and assigns of myself and my child or ward. By signing below, I certify that I am the legal parent or guardian of the child for whom I am signing or, if I am not the parent or legal guardian of the child, that I have the express permission of the child’s legal parent or guardian.