Athlete Waiver and Release Form Agreement(Required) In consideration of being permitted to participate in any “activity” at “The Dugout Texoma” facility, I, for myself, my personal representatives, assignees, heirs and next of kin:
1. ACKNOWLEDGE, agree, and represent that I understand the nature of the “activities” and that I am qualified, in good health, and in proper physical condition to participate in such “activities”. I further agree and warrant that if at any time I believe the conditions at “The Dugout Texoma” facility to be unsafe, I will immediately discontinue further participation in the “activities”.
2. I FULLY UNDERSTAND that: a. ATHLETIC “ACTIVITIES” INVOLVE RISKS AND DANGERS OF SERIOUS INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH (“RISKS”); b. these risks and dangers may be caused by my own actions or inactions, or the actions or inactions of others participating in the “activities”, the condition in which the “activities” take place, or THE NEGLIGENCE OF THE “RELEASEES” NAMED BELOW; c. there may be OTHER RISKS AND SOCIAL AND ECONOMIC LOSSES either known or unknown to me, or not readily foreseeable at this time, and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSES, COSTS, AND DAMAGES that I incur as a result of my participation or that of the minor in the “activities”.
3. I HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE “The Dugout Texoma”, or related affiliated subsidiary companies, as well as officers, directors, agents, employees and assignees, and “The Dugout Texoma” clubs, coaches, officials, administrators, members, volunteers, participants, sponsors, advertisers and if applicable, owners and lessors or the premises on which the “activities” take place, and any other party indemnified and held harmless by “The Dugout Texoma” (considered “RELEASEES” herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT, CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PARTY BY THE NEGLIGENCE OF THE “RELEASEES” OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS, NEGLIGENT SECURITY, TRAVEL, AND RECREATIONAL OPERATIONS AND ACTIVITIES; AND I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, I or anyone on my behalf, makes a claim against and of the “RELEASEES”, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS THE “RELEASEES” from any litigation expenses, attorney fees, loss, liability, damage, or cost which may incur as the result of such a claim.
Sports Agreement to Participate(Required) I, or we, grant to the Owners, Directors, Assistants, or assigned chaperons of this event or "activities" to act as guardians/spokesmen in granting permission for emergency treatment/hospitalization (including anesthesia) if necessary for my child en route to our from or at the site of "The Dugout Texoma" facility event or hospital or other medical facility. I understand that should a health emergency arise, I. will be attempted to be notified, but that if I cannot be reached by telephone, such medical treatment as deemed necessary, by competent medical personnel, is authorized.
I hereby authorize "The Dugout Texoma" to allow the reproduction, dissemination and/or publication of my name and likeness for media coverage, public relations, or any other purpose which may involve the use of photographs, films and/or video tape recording. This is to be done in conjunctions with my participating in "The Dugout Texoma" sports events, and I understand and agree that I may neither pay a fee to receive individual promotional consideration from my participation in this event, nor will I receive any payment for the possible commercial use of my name or likeness.
I HAVE READ THIS AGREEMENT, AND FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT, AND FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE, AND INTEND FOR THE AGREEMENT TO BE COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.