Release, Waiver of Liability, Assumption of Risk,
and Agreement to Indemnify for Minor
READ CAREFULLY – YOUR CHILD WILL BE RIDING AT YOUR RISK
All minors must be with their parent or guardian at all times.
I, the undersigned (hereinafter “I” or “me”) and on behalf of my child and/or children (hereinafter “Child”), hereby acknowledge that my Child and I desire that my Child be allowed to participate in the activities and services provided by Beneficial Consolidated Management, Inc. (dba Hidden Falls Adventure Park and Copperhead Creek Shooting Club), Ba 9.9, L.P. (land owner), Worth Doing Right, LLC. (Licensee), its owners, agents, staff, operators, volunteers, directors, and heirs (hereinafter collectively referred to as “Principal Group”), including but not limited to, the use of the trails/premises where shooting sports, camping, use of off highway/road vehicles or other vehicles, or any other activity (hereinafter known as “Activities”) on the private property operated by Principal Group (hereinafter the “Property”).
Role as Parent:
I recognize that, pursuant to Section 151.001 of the Texas Family Code I have the right to make decisions of substantial legal significance concerning my Child. I further recognize that, pursuant to the same section of the Texas Family Code, I also have the duty to provide medical and dental care for my Child. My intention in signing this Agreement on behalf of myself and my Child is to:
1. Release all claims, including but not limited to claims of future injury, of my Child against Principal Group.
2. To indemnify Principal Group against any claim by my Child that a Court determines is not or cannot be released pursuant to this Agreement.
3. To release any claim that I might have now or in the future due to any injury to my Child. This expressly includes but is not limited to claims based on costs and other damages that may be incurred pursuant to the duties I owe my Child, including but not limited to, the duty to provide medical and dental care. This release further includes any claim for loss of consortium and/or mental anguish or any other claim or legal theory of liability that may arise due to injury or damage suffered by my Child.
Release:
IN CONSIDERATION OF THE ABOVE AND MY CHILD BEING ALLOWED ACCESS TO THE PROPERTY OF THE PRINCIPAL GROUP, MY CHILD AND I HEREBY ASSUME ALL RISK AND FULLY RELEASE, ACQUIT, REMISE, WAIVE, COVENANT NOT TO SUE AND FOREVER DISCHARGE PRINCIPAL GROUP, INCLUDING ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OR OTHER RELATED ENTITIES, SUCCESSORS, OWNERS, MEMBERS, DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, EMPLOYEES, SERVANTS, ASSIGNS, INVESTORS, LEGAL REPRESENTATIVES AND ALL INDIVIDUALS OR ENTITIES INVOLVED IN THE OPERATION OF PRINCIPAL GROUP, OF AND FROM ANY AND ALL PAST, PRESENT AND FUTURE CLAIMS ARISING FROM THEIR ACTS AND/OR OMISSIONS, INCLUDING BUT NOT LIMITED TO, DEMANDS, OBLIGATIONS, ACTIONS, CAUSES OF ACTION, RIGHTS, DAMAGES, COSTS, NEGLIGENCE CLAIMS, GROSS NEGLIGENCE CLAIMS, AND ANY OTHER FORM OF COMPENSATORY CLAIMS OF ANY NATURE WHATSOEVER, WHETHER BASED IN TORT, CONTRACT OR OTHER THEORY OF RECOVERY, WHETHER SAME BE KNOWN AND REALIZED OR UNKNOWN AND NOT REALIZED, THAT MYSELF, MY CHILD AND OUR ASSIGNEES, HEIRS, OR LEGAL REPRESENTATIVES NOW HAVE, HAVE HAD, OR EVER WILL HAVE; FOR INJURY, DEATH, OR DAMAGE RESULTING FROM MY CHILD’S PARTICIPATION AND THE RISKS INVOLVED IN SAME IN ACTIVITIES AND SERVICES PROVIDED ON THE PROPERTY OF THE PRINCIPAL GROUP. THIS RELEASE IS INTENDED BY ALL PARTIES TO BE AS BROAD IN EFFECT AS ALLOWED BY LAW.
ON BEHALF OF MYSELF AND MY CHILD, I RECOGNIZE THAT THIS RELEASE FULLY APPLIES TO ALL INJURIES AND DAMAGE CAUSED BY THE NEGLIGENCE AND/OR GROSS NEGLIGENCE OF PRINCIPAL GROUP.
Assumption of the Risk:
MY CHILD AND I UNDERSTAND AND ACKNOWLEDGE THAT THE ACTIVITIES ON THE PROPERTY OPERATED BY PRINCIPAL GROUP ARE DANGEROUS AND INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. MY CHILD AND I ARE ASSUMING, ON BEHALF OF OURSELVES, ALL RISK OF PERSONAL INJURY, DEATH, OR DISABILITY TO MY CHILD THAT MAY RESULT FROM PARTICIPATION, OR ANY DAMAGE, LOSS OR THEFT OF ANY PERSONAL PROPERTY WHICH MY CHILD MAY INCUR. MY CHILD AND I ARE AWARE, UNDERSTAND AND ACKNOWLEDGE THAT PARTICIPATION IN THE ACTIVITIES ON THE PRIVATE PROPERTY OWNED BY PRINCIPAL GROUP ARE HAZARDOUS ACTIVITIES AND INVOLVE INHERENT RISKS OF DANGER OR INJURY, INCLUDING BUT NOT LIMITED TO, VEHICLE COLLISIONS, DAMAGE TO PERSON OR PROPERTY CAUSED BY TRAIL AND PROPERTY CONDITION, DEATH OR INJURY CAUSED BY THE USE OF FIREARMS USED ON THE PREMISES, SPRAINS, STRAINS, FRACTURS, CONCUSSIONS, CONTUSIONS, LACERATIONS, ABNORMAL BLOOD PRESSURE, HEART DISORDERS, FAINTING, SHORTNESS OF BREATH, CHEST PAIN, STROKES, HEART ATTACK, OR EVEN DEATH THAT CAN OCCUR (HEREINAFTER COLLECTIVELY REFERRED TO AS “RISKS”). MY CHILD AND I ARE VOLUNTARILY PARTICIPATING IN THE ACTIVITIES AND SERVICES ON THE PROPERTY OPERATED BY PRINCIPAL GROUP WITH THE KNOWLEDGE OF THE DANGER INVOLVED WITH THE RISKS AND THE KNOWLEDGE THAT STAFF ASSISTANCE AND/OR MEDICAL FACILITIES MAY NOT BE AVAILABLE IN THE EVENT OF ILLNESS OR INJURY. MY CHILD AND I ALSO EXPRESSLY ACKNOWLEDGE THAT HUMAN INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY RESCUE OR FIRST AID FROM PRINCIPAL GROUP, EMS OR FIRE DEPARTMENT.
Indemnity:
I AGREE TO INDEMNIFY, DEFEND, AND HOLD PRINCIPAL GROUP HARMLESS FOR ANY DEMANDS, OBLIGATIONS, ACTIONS, CAUSES OF ACTION, RIGHTS, DAMAGES, COSTS, NEGLIGENCE CLAIMS, GROSS NEGLIGENCE CLAIMS, AND ANY OTHER FORM OF COMPENSATORY CLAIMS OF ANY NATURE WHATSOEVER, WHETHER BASED IN TORT, CONTRACT OR OTHER THEORY OF RECOVERY, WHETHER SAME BE KNOWN AND REALIZED OR UNKNOWN AND NOT REALIZED THAT MY CHILD AND HIS/HER ASSIGNEES, HEIRS, OR LEGAL REPRESENTATIVES NOW HAVE, HAVE HAD, OR EVER WILL HAVE; FOR INJURY, DEATH, OR DAMAGE RESULTING FROM MY CHILD’S PARTICIPATION AND THE RISKS INVOLVED IN SAME IN ACTIVITIES AND SERVICES PROVIDED ON THE PROPERTY OF THE PRINCIPAL GROUP.
THIS INDEMNITY CLAUSE IS INTENDED BY ALL PARTIES TO BE AS BROAD IN EFFECT AS ALLOWED BY LAW.
I RECOGNIZE THAT THIS INDEMNITY CLAUSE FULLY APPLIES TO ALL INJURIES AND DAMAGE CAUSED BY THE NEGLIGENCE AND/OR GROSS NEGLIGENCE OF PRINCIPAL GROUP.
Savings Clause:
I, and on behalf of my Child, agree that if any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. For example, should a Court invalidate the release for Principal Group’s gross negligence, the remainder of the release (as well as the remainder of this Agreement), including the release as to Principal Group’s negligence, should still be enforced. As stated above, it is the intent of the Parties that the Indemnity and Release provided herein be as broad in effect as allowed by law.
Rules for Entering:
I acknowledge the rules and regulations for entering the Property of Principal Group. My Child and I will abide by such rules and regulations and pay any fines assessed. Failure to follow rules and regulations will result in removal from the Property of Principal Group without any type of refund and possibly being banned from the Property. Principal Group does not provide refunds for any reason. I will report any unsafe activities and/or conditions to staff immediately upon observation and/or discovery.
I agree that I (or another adult authorized by me) am responsible for my Child at all times. I (or another adult authorized by me) agree to monitor and supervise my Child at all times.
I authorize Principal Group to utilize photos of me, my family and my Child for promotional use on the website of Principal Group and/or marketing material.
By signing this document, I certify that my Child has had safety and operator training and/or experience with the equipment that he/she will be using on the Property of Principal Group.
All accidents or injuries must be reported to Principal Group by calling 830-798-9820. This number is printed on all trail maps.
Perpetual:
I agree that this Release, Waiver, Assumption of the Risk, and Agreement of Indemnity for Minor Agreement is perpetual and applies each time my Child enters the Property of Principal Group.
Signature:
I HAVE CAREFULLY READ THIS RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND AGREEMENT OF INDEMNITY FOR MINOR AGREEMENT IN ITS ENTIRETY AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND AGREEMENT OF INDEMNITY FOR MINOR AGREEMENT AND A LEGAL CONTRACT BETWEEN ME, MY CHILD, AND PRINCIPAL GROUP AND THAT IT AFFECTS THE LEGAL RIGHTS OF MYSELF AND MY CHILD. I AM SIGNING THIS DOCUMENT OF MY OWN FREE WILL. A COPY OF THIS DOCUMENT IS AUTHENTIC AND EFFECTIVE AS THE ORIGINAL.
I HEREBY AGREE TO ACCEPT ANY AND ALL RISK OF INJURY, ILLNESS, OR DEATH TO MY CHILD INHERENT IN ACTIVITIES AND SERVICES ON THE PROPERTY OPERATED BY PRINCIPAL GROUP AND VERIFY THIS STATEMENT BY PLACING MY SIGNATURE BELOW.
The parties acknowledge and agree that this Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. Without limitation, “electronic signature” shall include faxed versions of an original signature or electronically scanned and transmitted versions (e.g., via pdf) of an original signature.