November 7, 2024 In consideration of being permitted to enter the premises, use the facilities, obstacles,related equipment and/or observe or participate in any way in Arthuria Sports,LLC, ("Obstacle Warriors") programs, events or activities whether on or off the premises ("Activity"), I, for myself, my heirs, estates, executors, representatives, administrators and assignees: 1. ACKNOWLEDGE, agree and represent that I understand the nature of the Activityand that I am qualified, in good health and in proper physical condition to participate insuch Activity and do not know of any condition or reason I should not participate in theActivity. I further agree and warrant that if, at any time, I believe the conditions to be unsafe, I will immediately discontinue further participation in the Activity. 2. AGREE that my safety is primarily my own responsibility. I agree to make sure that I know how to safely participate in the Activity, and I agree to observe any rules andpractices that may be employed to minimize the risk of injury. I agree to stop and seek assistance if I do not believe I can safely continue, to limit my participation to reflect my personal fitness level and to refrain from any and all actions that would pose a hazard to myself or others. 3. FULLY UNDERSTAND that: (a) THIS ACTIVITY INVOLVES RISKS AND DANGERS OFSERIOUS BODILY INJURY, INCLUDING THE POTENTIAL FOR PERMANENT DISABILITY,PARALYSIS AND DEATH ("Risks") and while particular rules, equipment and personal discipline may reduce these Risks, these Risks of serious injury do exist; (b) these Risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Activity, the conditions in which the Activity takes place and/or THE NEGLIGENCE OF THE RELEASEES; (c) there may be OTHER RISKS and/or SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time. 4. RECOGNIZE AND ACKNOWLEDGE THAT ARTHURIA SPORTS, LLC, DOES NOT CARRY ANY TYPE OF ACCIDENT OR HEALTH INSURANCE POLICY ON THE PARTICIPANTS IN THE ACTIVITY and that injuries can be catastrophic for those without proper medical coverage. 5. KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown,EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, AND ALL RESPONSIBILITY FOR LOSSES, COSTS AND DAMAGES I incur as a result of my participation in the Activity. 6. HEREBY RELEASE, DISCHARGE AND COVENANT NOT TO SUE ARTHURIA SPORTS,LLC, its affiliates, owners, directors, agents, officers, managers, partners, members,volunteers, employees, other participants and its attorneys ("Releasees") FROM ALL LIABILITY, CLAIMS, DEMANDS LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED, ORALLEGED TO BE CAUSED, IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW,INCLUDING NEGLIGENT RESCUE OPERATIONS; AND I FURTHER AGREE that if, despite this WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASEES from anylitigation expenses, attorney fees, loss, liability, damage, or cost which may be incurred as the result of such claim. ACKNOWLEDGMENTS TO PROMOTE SAFETY AT OBSTACLE WARRIORS
These acknowledgements aid Obstacle Warriors in providing for your safety.
Health Status. I, on behalf of myself and, if applicable, my child or ward, assert that: - I and, if applicable, my child or ward, possess sufficient physical fitness and coordination to enable safe participation in Obstacle Warriors activities.
- I and, if applicable, my child or ward, assume the risks of all medical conditions (e.g., asthma, diabetes, anaphylaxis, epilepsy, heart disease or high blood pressure).
- Obstacle Warriors encourages me and, if applicable, my child or ward, to get medical clearance prior to participation.
- I and, if applicable, my child or ward, will cease activity if there is discomfort (e.g., faintness, shortness of breath, high anxiety, or chest pains).
- I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 or other communicable diseases by attending Obstacle Warriors and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 or other communicable diseases at Obstacle Warriors may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Obstacle Warriors employees, participants and their families.
LIKENESS RELEASE I grant Arthuria Sports, LLC, Obstacle Warriors, Obstacle Warrior Kids, permission to use my, and my Minor Child's,likeness in its publications, websites, marketing and other materials without payment,and without any prior approval of any and all publications, websites, marketing and other materials that contain my and/or the Minor Child's likeness. I ACKNOWLEDGE THAT I AM AGE 18 OR OLDER, HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE, AND I INTEND IT TO BE A COMPLETE ANDUNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BYLAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID,THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
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