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Participant Agreement – Waiver, Release, and Assumption of Risk

Participation in the following activity: ROCKWALL,  entails known and unanticipated risks that could result in physical and/or emotional injury, paralysis, death or damage to yourself and/or to others. Risks may include but are not limited to slipping and falling, collisions with fixed objects and/or other people which may result in sprains, fractures, breaks, scrapes, bruises, dislocations, death, and injuries to the head, back and neck including paralysis.

In consideration of the services provided by AUSTIN’S FEC, LLC (DBA AUSTIN’S, AUSTIN'S PARK & AUSTIN’S PARK N PIZZA) AEC BEVERAGE INC. , whom are the owner and operator of AUSTIN’S (the "Center"), and my desire to spectate and/or participate in the activities and services provided by AUSTIN’S FEC, LLC (DBA AUSTIN’S, AUSTIN'S PARK & AUSTIN’S PARK N PIZZA) AEC BEVERAGE INC. and its individual members, managers, directors, officers, agents, employees, volunteers, representatives, servants, predecessors, successors, assigns, affiliated entities, heirs, personal representatives and all other persons, firms, or entities claiming by or through them are hereinafter known as "AUSTIN’S"):

On behalf of myself, my spouse, my child(ren), the minor child for whom I am appointed guardian, my parent(s), my heirs, assigns, personal representative and estate, hereby:

(a) Agree to use the Center and its facilities in a safe and responsible manner;

(b) Agree to abide by the Center rules and instructions and the directions of Center employees and representatives, whereby I acknowledge that (i) those rules, instructions, and directions are intended to promote the safety of both myself and others; (ii) my failure or refusal to abide by those rules, instructions, and directions can lead to the immediate revocation of my right to use the Center and its facilities, without any right to refund of any payments made; and (iii) in the event of sickness, accident or injury, I authorize the Center employees and representatives to obtain, on my behalf, emergency medical treatment and to secure such medical treatment at my expense;

(c) Agree to fully and forever waive, release and discharge Austin’s  from any and all claims, actions, causes of action, demands, judgments, damages (including compensatory, general, special, consequential, exemplary and punitive), liability or obligations of any nature or kind, whether known at the time I leave the Center or which may arise or become known later, which accrue on account of, or in any way arise out of or in connection with: (a) my activities within the Center; (b) the activities within the Center by others; (c) the operation of the Center by Austin’s; (d) my use of any and all of the Center facilities; and (e) my use of any and all equipment within the Center, whether owned by me, Austin’s or a third party;

(d) Agree to indemnify and hold Austin’s harmless from and against any and all losses, liabilities, claims, obligations, costs, damages, and/or expenses whatsoever, including but not limited to any and all attorneys' fees, costs, damages and/or judgments directly or indirectly arising out of, or relating to, my acts or omissions while participating in any activities at the Center;

(e) Agree to accept and assume all of the risks which accompany the Center’s activities and represent that my participation in the activities is purely voluntary and I elect to participate in the activities notwithstanding the risks;

(f) Fully understand that participating in the activities within the Center involves physical exertion; and accordingly represent that I (i) am in sufficiently good health to participate in activities within the Center; (ii) do not have any pre-existing physical or medical condition, including without limitation pregnancy, orthopedic problems (including back problems), heart problems, and/or breathing problems, that might be impacted or worsened by my use of the Center; and (iii) will not use the Center and its facilities while under the use of any drugs, alcohol or medications that may impair my physical abilities or judgment; and,

(g) Certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in the activities within the Center, or if not, I agree to bear the costs of such injury or damage to myself and others.

(h) Any dispute or claim shall be brought by the parties in their individual capacity and not as a plaintiff or class member in any purported class or representative capacity, and shall be settled by binding arbitration before a single arbitrator administered by the American Arbitration Association (AAA) per its Commercial Industry Arbitration Rules in effect at the time the demand for arbitration is filed. Judgment on the arbitration award may be entered in any federal or state court having jurisdiction thereof. No award shall exceed the amount of the claim by either party and the arbitrator shall have no authority to award punitive or exemplary damages. If either party files suit in violation of this paragraph (except to toll the statute of limitations), such party shall reimburse the other for their costs and expenses, including attorneys’ fees, incurred in seeking abatement of such suit and enforcement of this paragraph; and

(i)Waiver Of Jury Trial. ADULT PARTICIPANT ON BEHALF OF HIM/HERSELF AND THE CHILD PARTICIPANT AND AUSTIN’S KNOWINGLY AND VOLUNTARILY, WITH FULL AWARENESS OF THE LEGAL CONSEQUENCES, AGREES TO WAIVE THEIR RIGHT TO A BENCH TRIAL OR JURY TRIAL OF ANY DISPUTE.

I agree that any legal proceeding shall be filed solely in the state of Texas and I further agree that the substantive law of Texas shall apply in that action without regard to the conflict of law rules of that state. 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 effect. TO THE FULLEST EXTENT PERMITTED BY LAW, PARTICIPANT (AND ON BEHALF OF HIS/HER HEIRS, EXECUTORS AND REPRESENTATIVES) RELEASE AND AGREE NOT TO SUE AUSTIN’S, AND ANY OF THEIR AFFILIATES OR SUBSIDIARIES, EMPLOYEES, DIRECTORS, MEMBERS, MANAGERS, PARTNERS, OR INSURERS.

By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Austin’s on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms. To the fullest extent permitted by law, on behalf of the participant, his or her heirs, executors, and representatives, I agree to indemnify, defend, release and hold harmless Austin’s from and against all claims, causes of action, suits, losses, liabilities, damages, fines, penalties, liens, judgments, settlements, proceedings, costs, fees, and expenses of any nature for or relating to death, bodily injury or property damage resulting or caused by my participation in activities or the actions of others (including employees of Austin’s) or due to the failure of fixtures and equipment in the Center.

I understand and agree that: (i) this Waiver, Release, and Assumption of Risk gives up important legal rights; (ii) I am giving up these important legal rights voluntarily, freely, under no threat of duress, without inducement, promise or guarantee being communicated to me; and (iv) the signature below is proof of my intention to execute a complete and unconditional WAIVER AND RELEASE of all liability to the full extent of the law. I understand and agree that the Participant acknowledges that Austin’s will not pay for any cost or expenses incurred by the Participant if the Participant is injured.

If the Participant is not 18 years of age or older, then the following Parent or Guardian Consent must be read and signed before the Participant is allowed to use the Center and its facilities. Participants under the age of 18 must also be accompanied by an adult over the age of 18.

Parent or Guardian Consent

I have read and understood the terms of this WAIVER, RELEASE, AND ASSUMPTION OF RISK AGREEMENT and unconditionally agree to its full terms, statements, warranties, notices, representations, waivers and releases on behalf of both myself and my marital community (if any) and my child or ward.

All such terms, statements, warranties, notices, representations, waivers and releases fully apply to my child or ward as if I was the participant. I understand that, by signing this Consent, I am giving up important legal rights both on behalf of myself and my child or ward regarding potential rights and claims against Austin’s. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.

I also agree that Austin’s or contracted professionals can take pictures and videos for their commercial use while I am in the facility.

PARTICIPANT/GUARDIAN: I hereby warrant and represent that I am the child’s Parent or Legal Guardian, and I have the expressed authority to execute this Waiver, Release and Assumption of Risk Agreement. I agree to indemnify and defend Austin’s from and against all claims or liabilities, including those relating to the insufficiency of my legal capacity or authority to act for or on behalf of the child participant(s) in the execution of this agreement.

First Participant's Name
First Name*
Middle Name
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
Confirm Email*
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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.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name
First Name*
Middle Name
Last Name*
Phone*
Parent or Guardian's Date of Birth*
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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