Release of Liability and Indemnity Agreement
In consideration, the receipt and sufficiency of which is
hereby acknowledged, for being allowed entry into and participation in any and
all activities (the "Activities") associated with the Texas Renaissance
Festivals, LLC, The Fields of New Market Campground, The New Market Village,
and the parking area (collectively, "TRF"), and to the fullest extent permitted
by law, the undersigned, on behalf of the participant named below and on behalf
of his/her family, heirs, administrators, executors and assigns (collectively "Participant"),
hereby enters into this RELEASE OF LIABILITY AND INDEMNITY AUTHORIZATION
AGREEMENT (this "Agreement") as of the date set forth below.
1. ACKNOWLEDGEMENT
OF RISKS: The undersigned recognizes and understands
that there are risks associated with their participation in the Activities
including, but not limited to, bodily injury or death to persons and theft. The
undersigned further acknowledges on behalf of Participant that Participant is
voluntarily participating in the Activities and that Participant is
participating with full knowledge of the inherent risk, hazards, and dangers
involved. As such, the undersigned, on behalf of the Participant, hereby
assumes and accepts any and all risks of injury or death associated with
entering in and participating in the Activities. The undersigned further
acknowledges and understands that they will be held liable and responsible for
any and all damage to persons, animals, vehicles, property and/or improvements
to property that is caused by them and/or any persons (including, but not
limited to minors) under their care and control, and that arise out of, or are
related to, the Participant's entry into and participation in the Activities.
2. APPLICABILITY
AND SCOPE OF RELEASE AND INDEMNITIES: For purposes of this
Agreement, "Claims" shall mean any past, present, and future claims, losses,
costs, expenses, liabilities, demands, or causes of action, and costs of
defense or settlement (including, without limitation, attorneys' fees and court
costs). For purposes of this Agreement, the term "Released Parties") shall mean
the Texas Renaissance Festivals, LLC, The Fields of New Market, The New Market
Village and the parking area, respective present and former officers,
directors, members, managers, council members, commissioners, subsidiaries,
affiliates, employees, staff, volunteers, agents, insurers, and any other
person, firm, corporation or entity bound to defend or pay judgments against
them. The releases, waivers, and indemnities contained in this Agreement
expressly shall apply regardless of whether the Claims to be released, waived,
or indemnified against arise, or are alleged to arise, from (i) NEGLIGENCE (WHETHER
SOLE, JOINT, OR CONCURRENT), GROSS NEGLIGENCE, NEGLIGENCE PER SE, AND/OR STRICT
LIABILITY OF THE RELEASED PARTIES; (ii)
personal injury, death or property damage; (iii) acts under the Texas Deceptive
Trade Practices ("DTPA"); (iv) acts of any other persons or guests; (v) theft,
burglary, assault, or other crimes; (vi) fire, water, wind, rain, and/or smoke
and/or (vii) any other risks and hazards associated with the Participant's
entry into and participation in the Activities, including, but not limited to,
the general conditions at the Activities, animals both wild and domestic that may
be diseased and/or potentially dangerous, persons with firearms both on and off
the premises used in connection with the Activities, and the driving or riding
in any vehicles, whether belonging to Released Parties or to other persons.
3. RELEASE
FROM LIABILITY: THE UNDERSIGNED, ON BEHALF OF PARTICIPANT,
HEREBY RELEASES, ACQUITS, AND FOREVER DISCHARGES, AND WAIVES ANY AND ALL CLAIMS
AGAINST ANY OF THE RELEASED PARTIES THAT ARISE FROM OR RELATE TO THE
PARTICIPANT'S ENTRY AND PARTICIPATION IN THE ACTIVITIES-INCLUDING, BUT NOT
LIMITED TO, THE TYPES OF CLAIMS ENUMERATED IN PARAGRAPH 2, SPECIFICALLY
INCLUDING, WITHOUT LIMITATION, THE NEGLIGENCE
(WHETHER SOLE, JOINT, OR CONCURRENT), GROSS
NEGLIGENCE, NEGLIGENCE PER SE, AND/OR STRICT LIABILITY
OF THE RELEASED PARTIES AND AGREES NOT TO SUE ANY OF THE RELEASED
PARTIES FOR SUCH CLAIMS. WITHOUT LIMITING THE FOREGOING, THE UNDERSIGNED, ON
BEHALF OF PARTICIPANT, AGREES THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO
THEM, THEIR FAMILY, AGENTS, EMPLOYEES, OR GUESTS, FOR PERSONAL INJURY, PROPERTY
DAMAGE, OR ANY OTHER CLAIMS ARISING FROM OR RELATED TO THE PARTICIPANT'S ENTRY
INTO AND PARTICIPATION IN THE ACTIVITIES.
4. AGREEMENT
TO DEFEND, INDEMNIFY AND HOLD HARMLESS: THE UNDERSIGNED, ON
BEHALF OF PARTICIPANT, AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE
RELEASED PARTIES AGAINST ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THE
PARTICIPANT'S ENTRY AND PARTICIPATION IN THE ACTIVITIES, INCLUDING, BUT NOT
LIMITED TO, THE TYPES OF CLAIMS ENUMERATED IN PARAGRAPH 2, SPECIFICALLY
INCLUDING, WITHOUT LIMITATION, THE NEGLIGENCE
(WHETHER SOLE, JOINT, OR CONCURRENT), GROSS NEGLIGENCE, NEGLIGENCE PER SE, AND/OR STRICT LIABILITY OF THE RELEASED
PARTIES. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, THE UNDERSIGNED
AGREES TO INDEMNIFY THE RELEASED PARTIES FOR ANY CLAIMS FOR INJURIES TO ANY
MINORS UNDER THEIR CARE AND CONTROL AND/OR HIS OR HER PARENT/GUARDIAN, AND FOR
ANY CLAIM ASSERTED BY, THROUGH OR UNDER THE PARTICIPANT, ARISING FROM OR
RELATED TO THE PARTICIPANT'S ENTRY INTO AND PARTICIPATION IN THE ACTIVITIES INCLUDING,
BUT NOT LIMITED TO, THE TYPES OF CLAIMS ENUMERATED IN PARAGRAPH 2. As used herein, "INDEMNIFY" means the
Participant agrees to assume the Released Parties' liability and defense of any
CLAIM, thereby relieving them of responsibility, and/or reimbursing the
Released Party for Claims asserted against them. Released Party shall control the Defense of
any Claim and the exclusive authority to accept, reject, or counter any offer
of settlement.
5. PHOTOGRAPHY/INTERVIEW
RELEASE AND INDEMNITY AGREEMENT: The undersigned, on
behalf of Participant, GRANTS PERMISSION to be PHOTOGRAPHED, VIDEOED, or
INTERVIEWED in connection with the Activities. The undersigned, on behalf of
Participant, understands that any such photograph, video, sounds, or interview,
or any derivative work stemming therefrom, regardless of the media in which
such information is captured or conveyed (the "Content") may be used by the Texas
Renaissance Festivals, LLC for any use, worldwide and hereby grants ownership
of and an irrevocable, permanent, transferrable, license to, the Texas
Renaissance Festivals, LLC, for the commercial and non-commercial use of all
Content. The undersigned, on behalf of
Participant, agrees to RELEASE and INDEMNIFY the Released Parties with respect
to any Claims related to the usage of the Content by the Released Parties or their
designees INCLUDING, BUT NOT LIMITED TO, THE TYPES OF CLAIMS ENUMERATED IN
PARAGRAPH 2.
6. ARBITRATION
AGREEMENT: All Claims and Disputes arising under or
relating to this Agreement arising from or related to the participant's entry
and participation in the Activities INCLUDING, BUT NOT LIMITED TO, THE TYPES OF
CLAIMS ENUMERATED IN PARAGRAPH 2 are to be settled by binding arbitration in Grimes County,
Texas or another location mutually agreeable to the parties. The arbitration
shall be conducted on a confidential basis pursuant to the Commercial
Arbitration Rules of the American Arbitration Association. There shall be one
arbitrator who shall issue a determination only and shall not provide a "reasoned
award." The decision of the Arbitrator
is binding on the Participant and the Released Parties and is not appealable. Any such arbitration shall be conducted by an arbitrator who
is an attorney admitted to practice law in Texas. There shall be no written record of the
arbitration hearing. The parties reserve the right to object to any individual
who shall be employed by or affiliated with a competing organization or entity.
An award of arbitration may be confirmed in a court of Grimes County, Texas.
7. WAIVER
OF JURY TRIAL: It is the Released Party's and the
Participant's desire that all disputes and Claims be resolved by Arbitration as
set out above. In the unlikely event
that there are any proceedings between the Participant and the Released Parties
in court, each party hereto hereby irrevocably waives, to the fullest extent
permitted by applicable law, any right it may have to a trial by jury in any
legal proceeding directly or indirectly arising from or related to the
participant's entry and participation in the Activities INCLUDING, BUT NOT
LIMITED TO, THE TYPES OF CLAIMS ENUMERATED IN PARAGRAPH 2 from or related to
this Agreement or the transactions contemplated hereby.
8. COMPLETE AND FINAL RELEASE AND INDEMNITY AGREEMENT: As further inducement to, and condition of the Released Parties to permit the Participants' entry into and participation in the Activities, the undersigned represents that they thoroughly and completely understand that this is a COMPLETE AND FINAL RELEASE AND INDEMNITY AGREEMENT, that they are freely and voluntarily entering into this Agreement, and that no representations, promises, or statements made by the Released Parties, or any agent, attorney, or other representative of any of the Released Parties has influenced the undersigned in causing them to sign this agreement. The undersigned, on behalf of Participant, understands and agrees that this Agreement shall be binding on their heirs, executors, successors and assigns; that this Agreement will be governed by the laws of Texas; and that jurisdiction and that any attempt to litigate any Claim (such litigation being subject to the agreement to arbitrate set out above) shall lie exclusively in the State District Courts of Grimes County, Texas. The Participant agrees that a court exercising personal jurisdiction over the Participant, including enforcement of the arbitration agreement set out herein, would not violate conventional standards of fair play and substantial justice. If any part of this Agreement is determined to be invalid or unenforceable, such invalid or unenforceable provision shall not affect the validity or enforceability of the remainder of this Agreement. The undersigned agrees to the terms and conditions above and acknowledges receipt of this Agreement.