First Participant's Information In exchange for participation in the activity of Slalom Skiing, Wakeboarding, Knee-boarding, Water Skiing, Ski
Jumping, Tubing, Wake-surfing, including all water sport activities organized by |
(name of home
owners)
| |
(address)
| Cypress, Texas, 77429
and/or use of the property, facilities and services of |
(name of homeowner)
| I, agree for myself and (if applicable) for the
members of my family, to the following: 1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and
further agree to follow any oral instructions or directions given by |
(name of homeowner)
| or the employees, representatives or agents of |
(name of homeowner)
| 2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are
certain inherent risks associated with the above described activity and I assume full
responsibility for personal injury to myself and (if applicable) my family members,
and further release and discharge |
(name of homeowner)
| for
injury, loss or damage arising out of my or my family's use of or presence upon the
facilities of |
(name of homeowner)
| whether caused by the
fault of myself, my family, |
(name of homeowner)
| | Specific risks vary from one activity to another and the risks range from minor
injuries to major injuries such as catastrophic injuries including
DEATH In consideration of your participation in the activities offered by
|
(name of
homeowner)
| you understand and voluntarily
accept this risk and agree that |
(name of
homeowner)
| will not be liable for any injury,
including, without limitation, personal, bodily or, mental injury, economic loss or
any damage to you resulting from the negligence of |
(name of
homeowner)
| |
(name of
homeowner)
| behalf in relation to a watersport activity or not. 3. INDEMNIFICATION. I agree to indemnify and defend
|
(name of
homeowner)
| against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other
litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of |
(name of
homeowner)
| 4. FEES. I agree to pay for all damages to the facilities of |
(name of
homeowner)
| caused by my or my family's negligent, reckless, or willful actions. 5. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be
resolved under Texas law. 6. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that
I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I
am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that |
(name of
homeowner)
| has offered to refund any fees I have paid to use
its facilities if I choose not to sign this Agreement. 7. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arms' length
negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this
Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal
or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party
based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity. 8. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether
standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or
enforceability of any other provision of this Agreement or of any other applications of such provision, as the
case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement. 9. DISPUTE RESOLUTION. Any controversy or claim arising out of or relating to this contract, or the breach
thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with
its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in
any court having jurisdiction thereof. I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY
SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.
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