WAIVER, RELEASE, AND INDEMNITY AGREEMENT
EXCEPT AS PROVIDED HEREIN, BY SIGNING THIS FORM I HEREBY ACCEPT AND ASSUME ALL OF THE RISKS, DANGERS AND HAZARDS OF ANY AND ALL ACTIVITIES ASSOCIATED WITH MY PARTICIPATION IN THE ACTIVE THREAT FULL SCALE EXERCISE to be held at Richland High School on July 26, 2023 (the “Activity”), including, by way of example and not limitation, any risks that may arise from any negligence on the part of the persons or entities being released herein, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault.
I certify that I am at least 18 years of age and that I am physically able and sufficiently prepared or trained for participation in this Activity. I have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems which preclude my participation in this Activity.
I acknowledge that this Waiver, Release and Indemnity Agreement will apply to the City of North Richland Hills, Birdville Independent School District, Cook Children’s Medical Center, Medical City North Hills Hospital, and any additional entities or exercise organizers respectively, that may later be added in such capacity (collectively the “Released Parties”), and that it will govern my actions and responsibilities during said Activity.
In consideration of my application and voluntary participation in this Activity, for myself, my spouse, my executors, administrators, heirs, next of kin, successors, and assigns, I hereby agree as follows:
(A) EXCEPT AS PROVIDED IN SECTION (C), I WAIVE, RELEASE, AND DISCHARGE THE RELEASED PARTIES AND THEIR RESPECTIVE EMPLOYEES, VOLUNTEERS, AGENTS, REPRESENTATIVES, OR ANY OTHER INDIVIDUAL OR ENTITY ACTING AT THEIR DIRECTION OR ON THEIR BEHALF FROM ANY AND ALL CLAIMS, ACTIONS, CAUSES OF ACTION, DAMAGES, LOSSES OR EXPENSES, INCLUDING ATTORNEY’S FEES WHETHER REAL OR ASSERTED, OF EVERY KIND OR CHARACTER, ARISING OUT OF MY PARTICIPATION IN THE ACTIVITY. THIS WAIVER IS INTENDED TO RELEASE THE RELEASED PARTIES, THEIR OFFICERS, SERVANTS, AGENTS AND EMPLOYEES EVEN IF SAID INJURIES, DEATH OR OTHER DAMAGES ARE CAUSED IN WHOLE OR IN PART BY THE ALLEGED ACTS OF COMMISSION, OMISSION, NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT, INTENTIONAL CONDUCT, VIOLATION OF STATUTE OR COMMON LAW, BREACH OF WARRANTY, PRODUCT DEFECT, STRICT PRODUCT LIABILITY, OR ANY OTHER CONDUCT WHATSOEVER OF THE RELEASED PARTIES, THEIR OFFICERS, SERVANTS, AGENTS OR EMPLOYEES.
(B) EXCEPT AS PROVIED IN SECTION (C), I AGREE TO INDEMNIFY, AND HOLD HARMLESS, THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES OR CLAIMS MADE AS A RESULT OF MY PARTICIPATION IN THIS ACTIVITY, AND PROMISE NOT TO BRING A CLAIM, LAWSUIT, OR OTHER CIVIL ACTION AGAINST ANY OF THE RELEASED PARTIES AS A RESULT OF MY PARTICIPATION IN THIS ACTIVITY, WHETHER CAUSED IN WHOLE OR IN PART BY ANY ACT, OMISSION, NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT, INTENTIONAL CONDUCT, VIOLATION OF STATUTE OR COMMON LAW, BREACH OF WARRANTY, PRODUCT DEFECT, STRICT PRODUCT LIABILITY, OR ANY OTHER CONDUCT WHATSOEVER OF THE RELEASED PARTIES.
(C) THIS WAIVER SHALL NOT OPERATE TO RELEASE ANY CLAIMS FOR DAMAGES, LOSS OR INJURY SUSTAINED BY ME AGAINST THE ENTITY BY WHICH I AM EMPLOYED ON THE DAY OF THE ACTIVITY, IF SUCH DAMAGE, LOSS OR INJURY IS DEEMED TO ARISE OUT OF THE COURSE AND SCOPE OF MY EMPLOYMENT DURING THE ACTIVITY.
I acknowledge that the Released Parties are NOT responsible for any errors, omissions, acts, or failures to act of any party or entity conducting a specific activity on their behalf.
I acknowledge that this Activity may involve a test of a person's physical and mental limits and carries with it the potential for death, serious injury, and property loss. The risks include, but are not limited to: those caused by the premises, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, lack of hydration, and actions of other people including but not limited to: the employees, volunteers, agents, and representatives of the Released Parties.
I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this Activity and that any medical or other insurance for myself will be insurance of first resort before contribution of any other insurance for any other person or entity, including accidental death and dismemberment insurance and accidental medical insurance. I understand while participating in this Activity, I may be photographed. I agree to allow my photo, video, or film image or likeness to be used for any legitimate and lawful purposes by the Released Parties. This Waiver, Release and Indemnity Agreement shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
I CERTIFY THAT I HAVE READ THIS DOCUMENT AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL.