Texas Warrior Mudout Release
IN CONSIDERATION OF the risk of injury that exists while participating in TEXAS WARRIOR MUDOUT (hereinafter the "Activity"); and
IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same;
I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, "Releasor," "I" or "me", which terms shall also include Releasor's parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and
I HEREBY grant and authorize Permian Basin-Be the Change the right to take, edit, alter, copy, exhibit, publish, distribute and make use of any and all pictures or video taken of me by Permian Basin-Be the Change to be used in and/or for legally promotional materials including, but not limited to, newsletters, flyers, posters, brochures, advertisements, fundraising letters, annual reports, press kits and submissions to journalists, websites, social networking sites and other print and digital communications, without payment or any other consideration. This authorization extends to all languages, media, formats and markets now known or hereafter devised. This authorization shall continue indefinitely, unless I otherwise revoke said authorization in writing. I understand and agree that these materials shall become the property of Permian Basin-Be the Change and will not be returned.
I HEREBY release and forever discharge PERMIAN BASIN-BE THE CHANGE, located at 3500 N A ST STE2100, Midland , Texas 79705, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively "Releasees"), from any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.
I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs.
I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. In the event that I should require medical care or treatment, I authorize Permian Basin-Be the Change to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. I agree not to participate in the Activity unless I am medically able and properly trained, and I agree to abide by the decision of the Permian Basin-Be the Change official or agent, regarding my approval to participate in the Activity.
I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Permian Basin-Be the ChangeAND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Permian Basin-Be the Change FOR PERSONAL INJURY OR PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of Permian Basin-Be the Change, its agents, and employees.
I agree that this Release shall be governed for all purposes by Texas law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements.
In the event that any damage to equipment or facilities occurs as a result of my or my family's or my agent's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.
THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.
THIS AGREEMENT was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both Participant and Permian Basin-Be the Change agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
Rock the Desert Ministries Release
This agreement releases Rock the Desert Ministries from all liability relating to injuries that may occur while on the grounds of Rock the Desert, this includes event participants as well as anyone else on the Rock the Desert grounds. By signing this agreement, I agree to hold Rock the Desert Ministries entirely free from any liability, including financial responsibility for injuries incurred, regardless of whether injuries are caused by the negligence of Rock the Desert Ministries or its employees and agents. By signing you accept full responsibility of all injury at your own risk.
This agreement releases Rock the Desert from all liability relating to stolen, lost, or damaged property that may occur while on the grounds of Rock the Desert, as well as anyone else on the Rock the Desert grounds for your event such as vendors, volunteers, participants, organizers, etc. Rock the Desert is NOT responsible for any lost, stolen, damaged articles or property.
I also acknowledge the risk of injury involved in volunteer work, grounds rental, community service and events on grounds. I completely release Rock the Desert Ministries of anything that happens on Rock the Desert grounds. I completely agree that I / event coordinator / participant / anyone else on the Rock the Desert grounds are responsible for any physical harm or injury while on the RTD grounds.
By signing below, I forfeit all right to bring a suit against Rock the Desert Ministries for any reason. In return. I will also make every effort to consider safety and safety precautions to myself and others. I also agree to follow safety rules as well as guidelines received either verbally or in writing by Rock the Desert Staff.
Our desire is to keep our environment safe for all that are on our grounds and I am aware that anyone that appears to be a safety risk to themselves or others will be asked to leave, as listed in writing and as explained to me verbally. I will ask for clarification when needed.
I, THE UNDERSIGNED PARTICIPANT, AFFIRM ONE OF THE FOLLOWING:
1) I AM OF THE AGE OF 18 YEARS OR OLDER, AND THAT I AM FREELY SIGNING THIS AGREEMENT. I CERTIFY THAT I HAVE READ BOTH THE TERMS AND CONDITIONS FOR THE TEXAS WARRIOR MUDOUT RELEASE OF LIABILITY, AS WELL AS ROCK THE DESERT’S. I FULLY UNDERSTAND THE ENTIRETY OF THIS AGREEMENTS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY FOR TWO PARTIES (PERMIAN BASIN-BE THE CHANGE AND ROCK THE DESERT) AND A CONTRACT THAT I AM SIGNING IT OF MY OWN FREE WILL.
2) I HEREBY CERTIFY that I am the parent or guardian of the race participant(s) named (below) and do hereby give my consent without reservation to the foregoing on behalf of this individual.
