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WAIVER, RELEASE, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT 

In consideration for being allowed to enter the premises of The Beach, The SC, Bermuda’s, and/or Realty (herein collectively the “Facility” and as hereinafter defined), the undersigned, on his or her behalf, and/or on behalf of any minor participant(s) identified below (referred to herein as either “Participant” and/or “Minor”), acknowledges, appreciates, understands, and agrees to the following conditions:

1. I represent that I am a Participant of age 18 or older, and/or I represent that I am the parent or legal guardian of the Minor named below. 

2. THE UNDERSIGNED FOR MYSELF, THE MINOR(S) NAMED, AND EACH OF OUR RESPECTIVE HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, ASSIGNS, REPRESENTATIVES, AND NEXT OF KIN WAIVES, RELEASES, AND DISCHARGES ANY AND ALL CLAIMS FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO THOSE ARISING FROM DEATH, PERSONAL INJURY, OR PROPERTY DAMAGE THAT THE UNDERSIGNED AND/OR MINOR(S) MAY HAVE OR THAT MAY SUBSEQUENTLY ACCRUE TO THE UNDERSIGNED AND/OR THE MINOR(S) AS A RESULT OF THE UNDERSIGNED AND/OR THE MINOR(S) BEING AT THE FACILITY, WHETHER OR NOT SUCH CLAIMS RESULT FROM THE NEGLIGENCE, GROSS NEGLIGENCE, OR MISCONDUCT OF ANY PERSON OR THE RELEASED PARTIES (AS HEREINAFTER DEFINED). THIS RELEASE IS INTENDED TO DISCHARGE IN ADVANCE SDH BEACH, LLC, A TEXAS LIMITED LIABILITY COMPANY, DOING BUSINESS UNDER THE ASSUMED NAMES OF THE BEACH, THE BEACH FIT CREW, AND THE BEACH AT CRAIG RANCH ("THE BEACH"), SDH COURTS, LLC, A TEXAS LIMITED LIABILITY COMPANY, DOING BUSINESS UNDER THE ASSUMED NAMES OF THE SPORTS CABANA AND THE SC (“THE SC”), SDH REALTY, LTD., A TEXAS LIMITED PARTNERSHIP (“REALTY”), HBI MANAGEMENT SERVICES, LLC, A TEXAS LIMITED LIABILITY COMPANY, DOING BUSINESS UNDER THE ASSUMED NAME OF SPORTS RESORT (“SPORTS RESORT”), SDH B & G, LLC, A TEXAS LIMITED LIABILITY COMPANY, DOING BUSINESS UNDER THE ASSUMED NAMES OF BERMUDA’S GRILL & BAR AND BERMUDA’S TRIANGLE (“BERMUDA’S”), HBI COLLABORATIONS, LLC, A TEXAS LIMITED LIABILITY COMPANY, DOING BUSINESS UNDER THE ASSUMED NAMES OF WITS' END AND WITS' END GAMES ("WITS' END"), THE PROMOTERS, SPONSORS, LANDLORDS, TENANTS, OPERATORS, PROMOTING CLUBS, THE OFFICIALS, AND ANY INVOLVED MUNICIPALITIES AND OTHER PUBLIC ENTITIES (AND EACH OF THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, MANAGERS, MEMBERS, OFFICERS, SHAREHOLDERS, DIRECTORS, CONTRACTORS, AGENTS AND EMPLOYEES) ("RELEASED PARTIES"), FROM AND AGAINST ANY AND ALL LIABILITY ARISING OUT OF OR CONNECTED IN ANY WAY WITH THE UNDERSIGNED AND/OR THE MINOR(S) BEING AT THE FACILITY.  

3. The undersigned on behalf of himself or herself and/or on behalf of the named Minor(s) further understands that serious accidents and illnesses, including but not limited to dehydration and heat exhaustion occasionally occur during activities that may be conducted at the Facility, and that participants in such referenced activities occasionally sustain mortal or serious personal injuries, permanent disability, illness, emotional trauma, property damage, property loss, and/or other physical or emotional loss or harm as a consequence thereof.  The undersigned on behalf of himself or herself and/or on behalf of the named Minor(s) further understands that bad weather is an inherent risk and danger involved of which the Released Parties have no control and which could also result in property loss and/or other physical or emotional loss or harm as a consequence thereof.  In consideration of participating in the activities that may be conducted at the Facility, the undersigned on behalf of himself or herself and/or on behalf of the named Minors represents that each understands the nature of such activities and that the undersigned and/or the named Minors are qualified, in good health, and in proper physical condition to participate in such activities.  The undersigned on behalf of himself or herself and/or on behalf of the named Minor(s) acknowledges that if any of them believe the conditions of the activities are unsafe, the undersigned and/or Minor(s) will immediately discontinue participation in the activities.  KNOWING THE RISKS OF SUCH ACTIVITIES, NEVERTHELESS, THE UNDERSIGNED ON BEHALF OF HIMSELF OR HERSELF AND/OR ON BEHALF OF THE NAMED MINOR(S) HEREBY AGREES TO WILLINGLY ASSUME THOSE RISKS AND TO UNCONDITIONALLY AND IRREVOCABLY RELEASE ALL OF THE RELEASED PARTIES WHO MIGHT OTHERWISE BE LIABLE TO THE UNDERSIGNED AND/OR THE NAMED MINOR(S) FOR DAMAGES, WHETHER BASED IN TORT, CONTRACT OR ANY THEORY OF RECOVERY IN LAW OR EQUITY, WHETHER FOR COMPENSATORY OR PUNITIVE DAMAGES, EQUITABLE RELIEF OR OTHERWISE, AND WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER ARISING THROUGH THE NEGLIGENCE OR CARELESSNESS OF THE RELEASED PARTIES.

4. THE UNDERSIGNED ON BEHALF OF HIMSELF OR HERSELF AND/OR ON BEHALF OF THE NAMED MINOR(S) ADDITIONALLY AGREES TO INDEMNIFY THE BEACH, THE SC, REALTY, SPORTS RESORT, BERMUDA’S, WITS’ END, AND ITS PREDECESSORS AND EACH OF THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, MANAGERS, MEMBERS, OFFICERS, SHAREHOLDERS, DIRECTORS, CONTRACTORS, AGENTS, EMPLOYEES, AND SUCCESSORS AND ASSIGNS ("INDEMNIFIED PARTIES") FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, EXPENSES, SUITS, AND PROCEEDINGS, INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES ARISING FROM ANY AND ALL CLAIMS, INJURIES, LIABILITIES OR DAMAGE ARISING FROM THE UNDERSIGNED AND/OR NAMED MINOR(S) BEING AT THE FACILITY.  IT IS THE EXPRESS INTENT OF THE UNDERSIGNED ON BEHALF OF HIMSELF OR HERSELF AND/OR ON BEHALF OF THE NAMED MINOR(S) THAT EACH SHALL INDEMNIFY, DEFEND AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM THE CONSEQUENCES OF ANY OR ALL OF THE INDEMNIFIED PARTIES’ OWN NEGLIGENCE OR FAULT, SPECIFICALLY INCLUDING SCENARIOS IN WHICH ANY OF THE INDEMNIFIED PARTIES IS, OR IS ALLEGED TO BE SOLELY NEGLIGENT OR AT FAULT.

5. It is further understood and agreed that this waiver, release, and assumption of risk is to be binding on the undersigned, any named Minor(s), and each of his, her, or their respective heirs, assigns, executors, administrators, successors, and representatives.

6. The undersigned hereby gives permission to The Beach, The SC, Realty, Sports Resort, Wits’ End, and/or Bermuda’s to procure medical attention for the undersigned and/or named Minor(s) in the event of an accident or injury if the parent or legal guardian is not present or if the undersigned is unable to do so on behalf of himself, herself, and/or the named Minor(s). THE UNDERSIGNED FURTHER AGREES TO PAY ALL COSTS OF MEDICAL CARE AND RELATED TRANSPORTATION OF THE UNDERSIGNED AND/OR NAMED MINOR(S) AND FURTHER AGREES TO INDEMNIFY THE INDEMNIFIED PARTIES FOR ANY SUCH COSTS AND EXPENSES.

7. The undersigned and the named Minor(s) agree to comply with all stated and customary terms, posted safety signs, rules, and verbal instructions as conditions for participation in any activities in which the undersigned and/or the named Minor(s) participate in at the Facility. The undersigned and the named Minor(s) recognize and acknowledge that such stated and customary terms, posted safety signs, rules, and verbal instructions may change at any time and in the sole discretion of The Beach, The SC, Realty, Sports Resort, Wits’ End, and Bermuda’s.

8. The undersigned on behalf of himself or herself and on behalf of the named Minor(s), permits The Beach, The SC, Realty, Sports Resort, Bermuda’s, and Wits’ End to videotape, film, photograph, record, own, publish, and republish information about the undersigned and/or named Minor(s) and reproductions of image, likeness and voice of the undersigned and/or named Minor(s) and to use the name of the undersigned and/or Minor(s) for the purposes of advertising, promoting, and marketing of The Beach, The SC, Realty, Sports Resort, Bermuda’s, and Wits’ End through any media. The undersigned and/or named Minor(s) acknowledges that the pictures or recordings taken while at the Facility become the sole and exclusive property of The Beach, The SC, Realty, Sports Resort, Bermuda’s, and Wits’ End. THE UNDERSIGNED, NAMED MINOR(S), AND EACH OF HIS, HER, AND THEIR RESPECTIVE HEIRS, EXECUTORS, ADMINISTRATORS, AND ASSIGNS RELEASE THE INDEMNIFIED PARTIES FROM ANY AND ALL CLAIMS THAT MIGHT ARISE FROM THE USE OF SUCH IMAGES AND RECORDINGS.

9. This Agreement may be executed and delivered by facsimile, by electronic mail in "portable document format" (".pdf") form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document. Such deliveries shall be binding to the same extent as an original signature page.

I HAVE READ THIS WAIVER, RELEASE, HOLD HARMLESS AND INDEMNIFICATION AGREEMENT. I FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS ON BEHALF OF MYSELF, THE NAMED MINOR(S) AND EACH OF HIS, HER AND THEIR RESPECTIVE HEIRS, ASSIGNS, EXECUTORS, ADMINSTRATORS, SUCCESSORS AND REPRESENTATIVES BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

Today's date: September 18, 2021

First Participant's Name

First Name*

Last Name*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Emergency Contact

Emergency Contact's Name*

Emergency Contact's Phone Number*
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Relationship*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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