In consideration for your admission to the Fowling Warehouse Dallas Fort Worth (the “Fowling Warehouse")or your participation in activities involving the use of the Fowling Parties’ equipment or facilities, including without limitation, events held at the Fowling Warehouse or off premises (each a "Fowling Activity"), upon accepting a wristband for access to the Fowling Warehouse or any Fowling Activity, I agree as follows:
Acknowledgement, Release, and Assumption of Risk. I acknowledge, agree and understand that:
- Fowling Activities involve inherent, known and unanticipated risks, any and/or all of which could result in physical or emotional injury, disability, death, or damage;
- There are risks relating to the spread of COVID-19 that may accompany the Fowling Activities.
- The risks of the Fowling Activities are open and obvious to me.
- I accept and assume all of the risks attendant to the Fowling Activities
- I RELEASE, HOLD HARMLESS, FOREVER DISCHARGE the Fowling Parties (as defined below) from any and all loss, costs, liability, damages, claims and causes of action arising from or relating to my admission to the Fowling Warehouse or any Fowling Party facility, my participation in any Fowling Activity, or my use of the Fowling Parties' equipment or facilities. This release does not include liability arising from gross negligence or intentional or criminal acts committed by the Fowling Parties.
- I agree not to sue the Fowling Parties for any loss, costs, damages, liability, claim(s) and/or causes of action released under this Waiver and Release
Indemnification: I HEREBY KNOWINGLY AND VOLUNTARILY AGREE TO INDEMNIFY THE FOWLING PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION, INCLUDING ATTORNEYS' FEES AND EXPENSES, THAT ARISE FROM AND/OR ARE IN ANY WAY RELATED TO AND/OR CONNECTED WITH:
- MY PARTICIPATION IN ANY FOWLING ACTIVITY OR USE OF FOWLING EQUIPMENT OR FACILITIES
- ANY CLAIM BY A THIRD PARTY FOR PERSONAL INJURY, DAMAGE, LOSS OR THEFT OF PROPERTY BASED OR CAUSED BY MY PARTICIPATION IN ANY FOWLING ACTIVITY OR MY USE OF FOWLING EQUIPMENT OR FACILITIES
Rules: I will abide by all of Fowling’s rules; the requirements of applicable law; and any further directions, instructions and decisions of Fowling Parties' personnel relating to the Fowling Warehouse, Fowling facilities, or my participation in Fowling Activities.
Photography: I grant the Fowling Parties the right to photograph and record me at the Fowling Warehouse, other Fowling facilities, and at Fowling Events, and permit the unrestricted use of such photographs and recordings, without further consideration or compensation.
Minors: If the participant is a minor, I represent that I am the parent or legal guardian of the minor participant and have the authority and consent to enter into this agreement on behalf of the minor participant, including the releases and waivers provided for herein. I further acknowledge and agree that I have explained to the minor participant the inherent risks INVOLVED in participating in the fowling activities.
Limitation of Liability: If any of the Fowling Parties shall be found liable to me for any reason whatsoever -- not withstanding the Release set forth above -- for any loss, costs or damages I may suffer, the total liability of the Fowling Parties shall be limited to the amount I paid to participate in the Fowling Activities giving rise to any claim or cause of action for such loss, costs or damages.
Definition of Fowling Parties. “Fowling Parties” shall mean LSC4 Texas, LLC dba Fowling Warehouse Dallas Fort Worth and each and every entity d/b/a "Fowling Warehouse" and all trades or businesses under common control, and their respective officers, directors, Members, managers, employees, agents, representatives, contractors, insurers, spectators, affiliates, equipment suppliers, volunteers, and the heirs, successors and assigns of the foregoing.
Modification. This Waiver and Release cannot be modified or changed by representations or statements made by Fowling’s agents or employees, and may only be modified in writing and signed by Fowling’s chief principle;
This Waiver and Release constitutes the sole and entire agreement of the Fowling Parties and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Waiver and Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Waiver and Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Waiver and Release is binding on and shall inure to the benefit of the Company and me and our respective successors and assigns. All matters arising out of or relating to this Waiver and Release shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction). Any claim or cause of action arising under this Waiver and Release may be brought only in the federal and state courts located in Dallas County, Texas and I hereby consent to the exclusive jurisdiction of such courts.
September 27, 2023