Release of Liability, Assumption of Risk, Indemnification, and Hold Harmless Agreement : Read Play Love
In consideration of participation by myself or the minor child identified below (collectively, “Participant”) in one or more classes, workshops, camps, functions, programs (collectively, “Programs”) of Read Play Love, held at any location, or when visiting the property as a guest of an individual, group, organization or separate entity, I, as myself or as the parent or legal guardian of the minor child Participant, agree as follows:
1. The following persons, entities, and parties are intentionally and specifically covered by this Release of Liability, Assumption of Risk, Indemnification, and Hold Harmless Agreement ("Agreement") and shall now be referred to individually and collectively as the "Released Entities" Read Play Love in Lowry Crossing and all other places in which RPL conducts activities, and for all organizations, all of its members, managers, officers, directors, employees, agents, volunteers, participants, lessors, independent contractors, visitors to Programs, successors, and assigns.
2. Acknowledgement of Risk. I understand and acknowledge that participation at Read Play Love or in Read Play Love programs may entail known and unknown risks.
3. Assumption of Risk: I acknowledge that Participant could require substantial medical assistance at significant expense to me or to others responsible for medical care and treatment of Participant. I freely and personally ASSUME ALL RESPONSIBILITY for all risks, whether foreseen or unforeseen, in connection with participation by Participant in the Programs, and I WILL BE SOLELY RESPONSBLE for any loss or damage Participant sustains, including, but not limited to, personal injuries, illness, to or death of Participant or damage to Participant's property.
4. Release and Promise Not to Sue. I, on behalf of Participant and Participant's family, heirs, successors, assigns, and anyone claiming any interest through or on behalf of Participant, HEREBY KNOWINGLY, INTENTIONALLY, AND VOLUNTARILY PROMISE NOT TO SUE, RELEASE FROM ALL LIABILITY, AND DISCHARGE the Released Entities for any damage, injury, loss, or death arising out of or in connection with Participant's participation in the Programs whether such damage, injury, loss, or death results from negligent, willful and wanton, or reckless acts or omissions of the Released Entities, including without limitation allegations of inadequate supervision by Released Entities, or from some other cause. It is my express purpose to bind Participant and Participant's family, heirs, successors, assigns, and anyone claiming any interest through on behalf of Participant.
5. Indemnification. I understand and explicitly agree on behalf of Participant and Participant's family, heirs, successors, assigns, or anyone claiming an interest through or on behalf of Participant to indemnify and hold harmless the Released Entities from any loss, liability, damages, or costs, including reasonable attorney's fees, that they may incur due to the presence of any claims or actions brought or threatened by Participant or Participant's family, heirs, successors, assigns, or anyone claiming any interest through or on behalf of Participant arising out of or in connection with Participant's participation in Programs.
6. Rules and Instructions. I acknowledge that I have access to and understand the published and posted rules of the Programs, and I agree that Participant WILL FOLLOW ALL RULES of the Programs and COMPLY WITH THE INSTRUCTIONS of the Program staff or volunteers.
7. I agree to remit to Read Play Love financial remuneration for physical damage to property resulting from Participant's participation in Programs within 48 hours of being provided by Read Play Love with an estimate for the cost of repair or replacement.
8. I authorize Read Play Love to use Participant's name, picture, or likeness to advertise or promote Read Play Love or its Programs or for any other reasonable use.
9. After being fully informed of the above, I voluntarily elect to participate or to allow the minor child identified below to participate in Read Play Love Programs.
10. I understand that this Agreement is a contractual agreement and not a mere recital and that I have signed this Agreement voluntarily and of my own free will.
11. This Agreement replaces any previous waiver or release that I have signed with Read Play Love and shall remain in effect for all Read Play Love Programs in which Participant participates now and in the future unless I sign a replacement waiver or release with Read Play Love.
12. I agree that if any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or against public policy, only those portions of this Agreement held to be invalid, unenforceable, or against public policy shall be stricken, and all other provisions shall remain in full force and effect.
13. I understand that the descriptive headings of the several sections of this Agreement are inserted for convenience only and do not constitute part of this Agreement.
14. I agree that this Agreement shall be interpreted under the laws of the State of Texas, without reference to its conflict of law provisions. I further agree that any dispute regarding this Agreement shall be brought in the courts in Collin County, Texas, and that I waive any argument of forum non conveniens.
15. I have read and understand this Agreement and agree to be bound by its terms and conditions. No oral representations or statements or inducements have been made to me that modify anything within the written Agreement.
16. If Participant is a minor child, I represent that I am the parent or legal guardian of the minor child and have authority to sign this Agreement on his/her behalf.
17. If I am submitting my signature online, my online signature serves as a full, unlimited agreement to these terms.