Dfw Adventure Park, Inc. Release And Waiver Of Liability, Assumption Of Risk And Indemnity Agreement

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DFW Adventure Park, Inc.
Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement
In consideration of being permitted to participate in any way in the activities and events of DFW Adventure
Park, Inc. or being permitted to enter upon, be present at and use the trails/premises where off-highway
vehicles (ATVs, etc.) or other motorized activities and/or events and being conducted (hereinafter referred
to as the “Premises), from the date hereof and for any and all dates thereafter, for any and all purposes and
activities including without limitation, the operation, maintenance, observation or use of any type of off
highway vehicle (OHV) or other motorized vehicles or motorcycles (hereinafter referred to as “Activities”),
the undersigned, on his/her own behalf, and on behalf of his/her personal representatives, heirs, next of kin,
and any and all other persons using the premises or participating in the activities as a guest of the
undersigned (hereinafter collectively referred to as the “Undersigned”):
1.
Acknowledges, agrees, and represents that immediately upon entering the Premises the
undersigned shall and shall continuously thereafter, inspect every area of the Premises which the
undersigned enters, and the undersigned further agrees and warrants that, if at any time, the
undersigned is in or about any part of the Premises and feels anything to be unsafe, the
Undersigned will immediately advise a representative, employee, or agent of the owner of the
Premises of such and if necessary will leave the Premises and/or refuse to participate in the
Activities.
2.
Hereby RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE DFW
ADVENTURE PARK, Inc. (including personnel), the owner of the Premises, any individual
engaging in the Activities, rescue personnel, and the Premises inspectors, surveyors, underwriters,
consultants and others who give recommendation, directions, or instructions or engage in risk
evaluation or loss control activities regarding the Premises, and each of them, the directors,
officers, agents and employees hereinafter referred to as “Releasees”), from all liability to the
Undersigned for any and all or damage, and any claim or demands therefore on account of injury
to the person or property or resulting in the death of the Undersigned arising out of or related to
the Premises or the Activities, WHETHER CAUSED BY THE NEGLIGENCE OF THE
RELEASESEES OR OTHERWISE.
3.
Hereby agrees to indemnify and SAVE AND HOLD HARMLESS THE RELEASEES and each of
them from any loss, liability, damage, or cost they may incur arising out of or related to the
Premises or the activities WHETHER CAUSED BY THE NEGLIGENCE OF THE
RELEASEES OR OTHERWISE.
4.
Hereby ASSUMES FULL RESPONSIBILITY for any risk of bodily injury, death, or property
damage arising out of or related to the Premises or the Activities WHETHER CAUSED BY
THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
5.
Hereby ACKNOWLEDGES THAT THE ACTIVITIES ARE VERY DANGEROUS AND
INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY
DAMAGE. The Undersigned also expressly acknowledges that injuries received may be
compounded or increased by negligent rescue operations or procedures of the Releasees.
6.
Hereby agrees that this Release and Waiver of Liability, Assumption of Risk and Indemnity
Agreement EXTENDS TO ALL ACTS OF NEGLIGENCE BY THE RELEASEES,
INCLUDING NEGLIGENT RESCUE OPERATIONS and is intended to be as broad and
inclusive as is permitted by the laws of the state of Texas and that if any portion thereof is held
invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect.
Please Review Both Sides of this Document
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