There are significant elements of risk in any adventure, sports, or activity associated with the outdoors, around water, fire, and exposure to mother nature / acts of God. Certain risks cannot be eliminated without destroying the unique character of the activity, participate at your own risk.
EXPRESS ASSUMPTION of RISK and RESPONSIBILITY: I assume the risk(s) of personal injury, accidents, and/or illness, including but not limited to sprains, torn muscles and/or ligaments; fractures, broken bones, or concussion; eye damage; cuts, wounds, scrapes, abrasions and/or contusions; dehydration, drowning, exposure head, neck and/or spinal injuries; bites, stings and/or allergic reactions; shock, paralysis or even death. I understand the nature and risks of outdoor activity, especially amidst changes in weather including rain, wind and lightning storms. I agree to assume responsibility for the risks identified above and any risk not specifically identified. My/our participation in this activity is purely voluntary. I verify that I do not have epilepsy, asthma, or heart problems and that I am physically fit, not under the influence of drugs or alcohol and sufficiently qualified and capable of participating in these activities. Therefore I assume full responsibility for myself for bodily injury, accidents, illness, death, loss of personal property, and expenses thereof as a result of any accident that may occur. I/we elect to participate despite the risks.
INDEMNIFICATION AND RELEASE: I FULLY AND UNCONDITIONALLY RELEASE AND DISCHARGE Andra Dunn, its agents, administrators, directors, instructors, participants, volunteers, contractors, sponsors, advertisers, or event organizers, or others acting on their behalf of any liability, claims, demands, causes of action, losses, injuries, or damages, whether caused in whole or in part by the Released Parties, or by the negligence of the Released Parties. This Release extends to any injuries or damage that may arise from access to facilities, activities of claims for personal injuries or property damage sustained by me, or by my estate, parents, children, heirs, beneficiaries personal representatives, or assigns (“the Releasing Parties”). On behalf of myself and the Releasing Parties, I AGREE TO INDEMNIFY, SAVE, AND HOLD HARMLESS Andra Dunn AND EACH OF THE RELEASED PARTIES for any loss, liability damage, litigation expenses, attorney fees, or cost of any kind, which may result from any injury, damage, or other loss occasioned by participation in activities hosted by Andra Dunn.
CHOICE OF LAW: This Agreement creates a covenant not to sue, and completely release and indemnify Andra Dunn and the Released Parties. If; despite the Agreement, suit is attempted, I agree that the exclusive forum shall by Tarrant County, Texas, applying Texas law. I agree that if any term of this Agreement is found to be void or unenforceable, then the remaining terms shall remain in full force and effect.
CAREFUL REVIEW AND UNDERSTANDING: I have read this agreement in its entirety and understand its content. I am aware that his is an assumption of risk, waiver and release of liability and I sign it voluntarily. I understand that I am relinquishing substantial legal rights, including the right of financial recovery for injury results from the activity or negligence of the provider. I understand this agreement supersedes any and all previous oral or written promises or agreements and that if any part of this agreement is deemed to be void, this will have no effect on the remainder for the agreement. I also understand that I should not and may not participate in this activity if I am under the influence of alcohol or drugs.