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COVINGTON COUNTRY CLUB 

POOL MEMBERSHIP AGREEMENT

This Pool Membership Agreement (“ Agreement”) is entered into on this {sign_date} at Covington, Louisiana between Covington Country Club Event Center LLC doing business as “Covington Country Club” (hereinafter referred to as “OWNER”) and {name} (hereinafter referred to as “MEMBER”) under the following terms and conditions.

• Owner, The Club, and Member

Owner owns and operates the Covington Country Club swimming pool facility located at 200 Country Club Dr., Covington, Louisiana, 70433 (hereinafter referred to as “The Club”) for the benefit of members and/or guests. 

Owner offers Pool Memberships to the public without discrimination based on race, color, gender, marital status, age creed, religion, national origin, ancestry, sexual orientation, physical condition, or disability. Owner treats all persons who seek employment or recreation privileges or other services with Owner fairly and without prejudice.

MEMBER, who is further identified in the Personal Information Form attached as Exhibit A, which is incorporated herein, is a person 18 years of age or older who agrees to purchase a Pool Membership from Owner under the terms and conditions of this Agreement; and who agrees to be bound by all terms and conditions of this Agreement upon his/her signature below and the written acceptance by Owner of this Membership Agreement.

• Pool Membership

The Pool Membership includes access to The Club for the purpose of using and enjoying The Club at a time and manner set forth by Owner. The Pool Membership specifically includes use of the swimming pool, account charging privileges, and access to open events that OWNER may hold or organize in its sole discretion.

The Pool Membership and The Club do not include access to or membership in the Covington Country Club Golf Course, Pro Shop, or Dock Access.

• Pool Membership Operating Rules and Regulations

The Covington Country Club Pool Membership is subject to the Operating Rules and Regulations attached as Exhibit C, which are incorporated into this Agreement by reference. Owner has the unqualified right to modify or amend the Operating Rules and Regulations at any time and establish other rules and regulations that Owner, in its sole discretion, determines is appropriate. A member who violates any of the Operating Rules and Regulations may have their Pool Membership and/or privileges at The Club suspended and/or revoked.

MEMBER hereby affirms that he/she has read and understands the Covington Country Club Pool Membership Operating Rules and Regulations, and hereby agrees to abide by all Operating Rules and Regulations.

• Pool Membership Season, Rates, and Dues

The Pool Membership is seasonal from Memorial Day to Labor Day each year. Pool Memberships are sold on an annual basis. The rates for the Pool Membership are as follows:

     Pool Membership Type Dues

            Family of 1 to 2 $300

             Family of 3 to 4 $350

              Family of 5+ $400

All dues and fees are subject to the applicable state and parish sales tax of Louisiana. All pricing is before applicable taxes.

MEMBER  agrees to pay the applicable Pool Membership Dues in one lump sum at the time this Agreement is executed by MEMBER and OWNER.

OWNER, in its sole discretion and without notice, has the right to increase or decrease the amount for Rates or Dues from time to time. Any such increase or decrease shall be effective on such date or dates as may be specified by OWNER.

• Restrictions on Transfer of Membership

MEMBER acknowledges and agrees that the Pool Membership is personal to MEMBER and is nontransferable unless OWNER grants MEMBER transfer privileges in writing.

• No Ownership or Right to Participate in Management

MEMBER hereby acknowledges and agrees that the Pool Membership does not include (i) any ownership or other proprietary interest in any of the assets of OWNER or The Club; (ii) any right to receive or participate in the earnings of OWNER or The Club; or (iii) any voting rights or any right to participate in the management of OWNER or The Club. MEMBER acknowledges and agrees that the Pool Membership grants only a revocable license in favor of the MEMBER, MEMBER’s family, and MEMBER’s guests, to use The Club in accordance with the terms and conditions of this Agreement, and any other rules and regulations implemented by OWNER that may be amended from time to time in the OWNER’s sole discretion. MEMBER acknowledges and agrees that OWNER reserves the right, in its sole and absolute discretion, to terminate the MEMBER’s Pool Membership, to discontinue operation of The Club and/or any and all facilities, to sell or otherwise dispose of The Club and/or any and all facilities in any manner, and to make any other changes to the terms and conditions of the Pool Membership and/or use of The Club.

• Guaranty 

MEMBER agrees to be responsible for all dues and other charges at any time incurred by the MEMBER, MEMBER’s family, and MEMBER’s guests. By executing this Agreement, MEMBER unconditionally and irrevocably guarantees the full and timely payment of any dues, charges, or other sums that may become payable to OWNER and/or The Club by MEMBER, and by the MEMBER’s family and guests. If MEMBER fails to timely pay any applicable dues, charges, or other sums with respect to the Pool Membership, OWNER may suspend or revoke MEMBER’s Pool Membership.

• Resignation 

MEMBER understands that this Agreement is for five (5) months. MEMBER understands that any resignation will not relieve MEMBER of outstanding purchases or charges owed to OWNER and/or The Club. MEMBER understands that the Pool Membership is non-refundable and non-transferable unless specified otherwise herein and does not grant any proprietary rights or ownership to The Club, nor does MEMBER’s acceptance as a member and payment of the Pool Membership guarantee future membership rights. MEMBER further understands that upon acceptance for Pool Membership in The Club, MEMBER will abide by the rules of The Club, and all operational directives set by OWNER.

• Divorce

MEMBER hereby acknowledges and agrees that in the event of divorce or legal separation of a MEMBER, the Pool Membership is not divisible and shall be awarded to one (1) spouse in accordance with the written separation agreement or divorce decree. Regardless of any divorce award of membership, all obligations of this Agreement are solidary. In the absence of a written separation agreement or divorce decree, the Pool Membership shall continue in the name of the primary/principal member as set forth in this Agreement. It is the principal member’s responsibility to provide OWNER notification in writing of revocation of charging privileges in the case of Divorce or Separation.

• Death 

MEMBER hereby acknowledges and agrees that upon the death of MEMBER, the Pool Membership may be transferred to the MEMBER’s surviving spouse upon written authorization by OWNER.

• Waiver of Liability, Assumption of Risk, and Indemnity

MEMBER ACKNOWLEDGES THE INHERENT DANGER IN POOL MEMBERSHIP ACTIVITIES INCLUDING BUT NOT LIMITED TO SWIMMING AND/OR USE OF THE CLUB. MEMBER ACKNOWLEDGES, UNDERSTANDS, AGREES, AND DECLARES THAT THE ACTIVITIES ARE POTENTIALLY DANGEROUS AND INVOLVE THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE.

MEMBER ACKNOWLEDGES THAT ANY INJURIES THAT HE/SHE SUSTAINS WHILE PARTICIPATING IN POOL MEMBERSHIP ACTIVITIES MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF OWNER AND/OR OWNER’S OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, AFFILIATES, SHAREHOLDERS, SUCCESSORS, AND ASSIGNS, AND/OR BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS. NOTWITHSTANDING THE RISK, MEMBER ACKNOWLEDGES AND AGREES THAT HE/SHE IS VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE AND AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREES TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MEMBER’S PARTICIPATION IN THE POOL MEMBERSHIP ACTIVITIES, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF OWNER AND/OR OWNER’S OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, AFFILIATES, SHAREHOLDERS, SUCCESSORS, AND ASSIGNS.

MEMBER HEREBY EXPRESSLY WAIVES AND RELEASES ANY AND ALL CLAIMS, NOW KNOWN OR HEREAFTER KNOWN, AGAINST OWNER, AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, AFFILIATES, SHAREHOLDERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY “RELEASEES”) ON ACCOUNT OF INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE ARISING OUT OF OR ATTRIBUTABLE TO MEMBER’S PARTICIPATION IN THE POOL MEMBERSHIP ACTIVITIES, WHETHER ARISING OUT OF THE ORDINARY NEGLIGENCE OF THE RELEASEES OR OTHERWISE. MEMBER COVENANTS NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST THE RELEASEES, AND FOREVER RELEASES AND DISCHARGES RELEASEES FROM LIABILITY UNDER SUCH CLAIMS. THIS WAIVER AND RELEASE DOES NOT EXTEND TO CLAIMS FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY OTHER LIABILITIES THAT ARE NOT PERMITED TO BE RELEASED UNDER APPLICABLE LAW.

MEMBER SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS RELEASEES AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE ATTORNEY FEES, THE COSTS OF ENFORCING ANY RIGHT TO INDEMNIFICATION UNDER THIS RELEASE, AND THE COST OF PURSUING ANY INSURANCE PROVIDERS, INCURRED BY OR AWARDED AGAINST RELEASEES ARISING OUT OF OR RESULTING FROM ANY CLAIM OF A THIRD PARTY RELATED TO THE PARTICIPATION IN THE POOL MEMBERSHIP ACTIVITIES BY MEMBER, MEMBER’S FAMILY, AND/OR MEMBER’S GUESTS, INCLUDING ANY CLAIM RELATED TO THE NEGLIGNECE OF MEMBER, MEMBER’S FAMILY, AND/OR MEMBER’S GUESTS OR THE ORDINARY NEGLIGENCE OF RELEASEES.

BY SIGNING THIS AGREEMENT, MEMBER ACKNOWLEDGES THAT HE/SHE HAS READ AND FULLY UNDERSTANDS ALL OF THE TERMS OF THIS RELEASE AND THAT HE/SHE IS VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE RELEASEES, WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO MEMBER. MEMBER INTENDS AND AGREES THAT HIS/HER SIGNATURE TO THIS AGREEMENT IS EVIDENCE OF HIS/HER ASSENT TO COMPLETELY AND UNCONDITIONALLY RELEASE THE RELEASES FROM ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

• Intent to be Bound and Governing Law

MEMBER intends for and agrees that the terms of this Agreement – including the Waiver of Liability, Assumption of Risk, and Indemnity provisions in Section L – binds MEMBER, MEMBER’s family and spouse, and MEMBER’s heirs, assigns and personal representatives if MEMBER is deceased. MEMBER further agrees that this Agreement shall be construed in accordance with the laws of the State of Texas.

• Consent for Medical Treatment

MEMBER hereby consents to receive medical treatment deemed necessary if MEMBER is injured or requires medical attention during his/her participation in the Pool Membership Activities. MEMBER understands and agrees that he/she is solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. MEMBER hereby releases, forever discharges, and holds harmless the RELEASES from any claim based on such treatment or other medical services.

• Severability

The parties hereto agree that if any provision of this Agreement shall be held by any court or arbitrator to be invalid, illegal, against public policy, or otherwise unenforceable for any reason whatsoever, the remaining provisions shall remain if full force and effect.

• Attorney’s Fees

If OWNER should bring any legal action against MEMBER for damages resulting from a violation of this Agreement or for payment of any indebtedness owed or incurred by MEMBER, OWNER shall be entitled to collect, as part of any judgment, all costs, and expenses incurred in the legal action, including attorney’s fees.

• Entire Agreement

This Agreement constitutes the entire agreement between the parties hereto, pertaining to the subject matter hereof. All prior and contemporaneous agreements, representations, negotiations and understandings of the parties hereto, oral or written, are superseded hereby and merged herein. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements have been made, orally or otherwise, by any party, or anyone acting on behalf of any party, which are not embodied herein.

1. Electronic Signature and Counterparts

This Agreement may be executed via electronic signature by either party.  This Agreement may also be executed in counterparts and copies may be used instead of originals. The executed counterparts shall be construed as and constitute one document.

THUS DONE AND EXECUTED at Covington, Louisiana, this {sign_date}

Primary Member Name: {name}

Date: {sign_date}

EXHIBIT A

COVINGTON COUNTRY CLUB POOL MEMBERSHIP

PERSONAL INFORMATION FORM

Primary Member Name: {name} Birth Date: {dob}

Spouse’s Name:

Birth Date:

Home Address:

{address}

Mailing/Billing Address (if different than above):

Cell Phone:

Home Phone:

Spouse Cell Phone:

Billing Email Address:

Spouse Email:

 

Dependent Children (Unmarried, under the age of 21, and living at home, attending school on a full time basis or on active military duty) 

Name Birth Date

  

Nanny/Baby Sitter

EXHIBIT B

COVINGTON COUNTRY CLUB POOL MEMBERSHIP

OPERATING RULES AND REGULATIONS

The Covington Country Club Pool Membership is subject to the following Operating Rules and Regulations. Owner has the unqualified right to modify or amend the Operating Rules and Regulations at any time and establish other rules and regulations that Owner, in its sole discretion, determines is appropriate. A member who violates any of the Operating Rules and Regulations may have their Pool Membership and/or privileges at The Club suspended and/or revoked.

The Club refers to the Covington Country Club swimming pool facility located at 200 Country Club Dr., Covington, Louisiana, 70433 (hereinafter referred to as “The Club”). The Club does not refer to or include the Covington Country Club Golf Course, Pro Shop, or Dock Access.

• Operating Season

1. The Club’s Standard Operating Season is May 29 to September 4.
2. The Club may open in the off-season weather permitting at the discretion of Owner.
3. Owner reserves the right to postpone opening day and/or close The Club if the weather is not suitable.

• Operating Pool Hours

1. Standard Pool Hours: Open 11:00 a.m. to 7:00 p.m. on Sundays, Mondays, Wednesdays, Thursdays, Fridays, and Saturdays. The Club is closed on Tuesdays for cleaning and maintenance.
2. Lifeguarded Hours (Guarded Hours): Lifeguarded hours on Fridays are 3:00 p.m. to 7:00 p.m. Lifeguarded hours on Saturdays and Sundays are 11:00 am to 7:00 p.m. 
3. Holidays: The Pool will offer Lifeguarded Hours on major holidays including Memorial Day, Fourth of July, and Labor Day.
4. The Club reserves the right, in its sole discretion, to be closed for other holidays.
5. Unguarded Hours: NO LIFEGUARD ON DUTY. When there is no lifeguard on duty, ages 17 and under must have adult supervision. 
6. Owner reserves the right to change or modify, in its sole discretion, its Operating Pool Hours at any time.
7. Closed Hours: All hours outside of Standard Pool Hours are considered Closed Hours, 
8. The Club reserves the right, in its sole discretion, to close the Club for a private event during Standard Operating Hours. Members will be notified of any such closure. The Club may be booked for a private event at any time outside of the Operating Season or Standard Operating Hours.

• Inclement Weather

1. Owner has the right to suspend The Club operations and services at any time due to inclement weather, actual or threatened. Inclement weather determinations may be made on the basis of rain, sleet, hail, lightning, high wind, smoke, and/or other detrimental weather patterns or conditions that are reasonably likely to present a hazard to the health and/or safety of members, guests, and employees.
2. In case of lightning or thunder, swimming will not be allowed until thirty (30) minutes have passed since the last observed lightning or thunder.
3. If the Owner decides to cease services for any amount of time during Operating Hours due to inclement weather, the Owner at its option may close The Club after which members and guests must leave The Club quickly and efficiently.
4. Owner does not offer any prorates, refunds, or rebates on Membership dues, guest passes, and/or beverage service due to inclement weather.

• Access and Entry

1. Before a Member, a Member’s Spouse, a Member’s dependent children, and/or a guest can access The Club, each and every member, spouse, dependent child, and guest must read the Pool Membership Operating Rules and Regulations, and read sign, and consent to the liability waiver form attached to the Pool Membership Agreement as Exhibit D, which must also be provided to Owner to be kept on file.
2. Members, family, and/or guests must sign in before accessing The Club during Standard Pool Hours.
3. If a member has a guest arriving after they do, the member is responsible for greeting the guest outside of The Club and for ensuring that the guest signs in and completes all necessary forms required by Owner.
4. Owner and Owner’s pool staff reserve the right to deny anyone access to The Club and/or to remove anyone from The Club at any time.

• Family and Guests 

1. A Member may bring their children (up to 21 years of age), with them at any time for no charge. Once a child reaches 21 years of age, they must apply for their own membership or pay for a daily guest pass.
2. A member can bring guests with them each day, with each guest charged $15.00 for a daily guest pass. If pool is at capacity, guest passes may be restricted. 
3. All guests must sign in before accessing The Club.
4. All guests must read the Pool Membership Operating Rules and Regulations and read, sign, and consent to a liability waiver, which must be provided to Owner before the guest can accesses The Club.
5. A member will be held responsible for any and all damages, attorney fees, and costs related to any physical damage caused by the member, the member's family, and/or the member's guests.

• Pool Rules

Members, family, and guests must always observe and follow the following Pool Rules, which are posted at The Club.

1. ANY INDIVIDUAL SWIMMIG AT THE CLUB SWIMS AT THEIR OWN RISK
2. NO ONE IS ALLOWED IN THE POOL OR POOL AREA DURING CLOSED HOURS
3. NO GLASS IN POOL AREA 
4. NO DIVING OR RUNNING
5. GUESTS MUST SIGN LIABILITY WAIVER
6. NO SMOKING, VAPING OR USE OF ILLICIT DRUGS ON PROPERTY
7. NO PETS IN POOL AREA
8. NO CHEWING GUM IN POOL AREA
9. NO FOOD WITHIN 5 FEET OF POOL 
10. NO VIOLENT BEHAVIOR OR VULGAR LANGUAGE 
11. NO TAMPERING WITH RESCUE EQUIPMENT
12. DISPOSE OF TRASH IN TRASH RECEPTACLES
13. POOL GATE MUST BE LEFT CLOSED AT ALL TIMES
14. PLEASE SIGN IN BEFORE ENTERING POOL AREA
15. MINORS 11 YEARS AND YOUNGER WILL NOT BE PERMITTED IN THE POOL AREA AT ANY TIME WITHOUT ADULT SUPERVISION. 
16. CHILDREN 12 YEARS AND OLDER ARE PERMITTED IN THE POOL AREA WITHOUT ADULT SUPERVISION ONLY WHEN A LIFEGUARD IS ON DUTY. 
17. WHEN THERE IS NO LIFEGUARD ON DUTY, AGES 17 AND UNDER MUST HAVE ADULT SUPERVISION. 
18. POOL FURNITURE IS NOT BE REMOVED FROM POOL AREA
19. RETURN POOL FURNITURE TO ORIGINAL AREA IF MOVED
20. NO ONE IN WET BATHING ATTIRE SHOULD ENTER THE CLUBHOUSE
21. PLEASE REMEMBER TO TOWEL DRY BEFORE ENTERING THE BATHROOM
22. FLOTATION DEVICES WILL BE LIMITED TO SMALL FLOATS AND RAFTS.  
23. IF YOU DON'T FOLLOW THE RULES, YOU MAY BE REMOVED FROM THE PREMISES. 
24. IN AN EMERGENCY, CALL 911.

• General Behavior Rules

Members, family, and guests must always observe and follow the following General Behavior Rules:

1. No persons under the influence of alcohol or illegal drugs are to enter the pool or other facilities at any time.
2. Climbing on or over the fence surrounding the pool is strictly prohibited. Violators will have pool privileges revoked and may be charged with trespassing.
3. Wet patrons are not allowed in Covington Country Club Clubhouse.
4. Members must be towel dry before using designated pool bathrooms.
5. For the safety of all members and guests, appropriate swimwear must be worn in the pool at all times. No street clothes, underwear, jeans, or other clothing articles shall be worn in the pool. Hats and sunglasses are allowed.
6. Proper attire is required. No string bikinis, thong bikinis, speedo, or cut off shorts.
7. Toddlers and/or babies using the pool must be dressed in a swim diaper.
8. All activities are video monitored at the pool and clubhouse.

• Additional Rules, Regulations, Policies

1. Owner monitors through video all activities at the pool and clubhouse.
2. Owner reserves the right to host special events at The Club. Such events may partially or completely restrict the availability of The Club and/or related facilities including, but not limited to, the pool and clubhouse. 
3. Owner shall have no liability for the temporary suspension of any Pool Membership privilege due to maintenance, repair, construction, improvements, acts of God, inclement weather, utility disruptions, or any and all other matters beyond the control of The Club.
4. Any type of sexual harassment or any improper, inappropriate, or offensive sexual behavior of any nature or kind whatsoever is unacceptable and strictly prohibited, irrespective of sex or sexual preference.
5. Obnoxious or offensive behavior of any kind, as determined in the sole discretion of Owner, is unacceptable. Any verbal, physical, or psychological abuse or harassment to any member, guest, or employee is strictly prohibited.
6. No one will be allowed entry to The Club pool area during closed hours. 
7. Lifeguards will be present during Guarded Hours. There are routine breaks for Lifeguards during which swimming is limited to competent swimmers, ages 18 and over.

EXHIBIT C

COVINGTON COUNTRY CLUB POOL MEMBERSHIP

RELEASE, WAIVER OF LIABILITY, AND ASSUMPTION OF RISK

The individual named below (referred to as "I" or "me") desires to access and utilize the Covington Country Club swimming pool facility – which does not include the Covington Country Club Golf Course, Pro Shop, or Dock Access. In consideration of being permitted access by the Owner, Covington Country Club Event Center LLC doing business as “Covington Country Club” (hereinafter referred to as “Owner”), and for the intangible value that I will gain by accessing the swimming pool facility (hereinafter “Activities”) and in recognition of the Company’s reliance hereon, I agree to all the terms and conditions set forth in this instrument (this “Release”).

I affirm that I have read and that I understand the Covington Country Club Pool Membership Operating Rules and Regulations, including the Pool Rules, General Behavior Rules, and Additional Rules, Regulations, Policies, and hereby agree to abide by all Rules and Regulations. 

I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE POTENTIALLY DANGEROUS AND INVOLVE THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF OWNER, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF OWNER. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE AND AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE ACTIVITIES, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE OWNER OR OTHERWISE.

I HEREBY EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS, NOW KNOWN OR LATER KNOWN, AGAINST THE OWNER, AND ITS OFFICERS, DIRECTORS, MANAGER’S, EMPLOYEES, AGENTS, AFFILIATES, SHAREHOLDERS, MEMBERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, "RELEASEES"), ON ACCOUNT OF INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE ARISING OUT OF OR ATTRIBUTABLE TO MY PARTICIPATION IN THE ACTIVITIES, WHETHER ARISING OUT OF THE ORDINARY NEGLIGENCE OF THE RELEASEES OR OTHERWISE. I COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST THE RELEASEES, AND FOREVER RELEASE AND DISCHARGE THE RELEASEES FROM LIABILITY FOR SUCH CLAIMS. THIS WAIVER AND RELEASE DOES NOT EXTEND TO CLAIMS FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY OTHER LIABILITIES THAT LAW DOES NOT PERMIT TO BE RELEASED BY AGREEMENT.

I SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE RELEASEES AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE ATTORNEY FEES, THE COSTS OF ENFORCING ANY RIGHT TO INDEMNIFICATION UNDER THIS RELEASE, AND THE COST OF PURSUING ANY INSURANCE PROVIDERS, INCURRED BY/AWARDED AGAINST THE RELEASEES ARISING OUT OF OR RESULTING FROM ANY CLAIM OF A THIRD PARTY RELATED TO MY PARTICIPATION IN THE ACTIVITIES, INCLUDING ANY CLAIM RELATED TO MY OWN NEGLIGENCE OR THE ORDINARY NEGLIGENCE OF THE RELEASEES.

I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activities. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Releasees from any claim based on such treatment or other medical services.

This Release constitutes the sole and entire agreement with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release or the application thereof to any party or circumstance is held invalid, illegal, or unenforceable to any extent in any jurisdiction, then the remaining terms and provisions of this Release and their application to other parties or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

This Release is binding on and shall inure to the benefit of the Company and me and their respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Texas, excluding any conflict-of-laws rule or principle that might refer the governance or the construction of this agreement to the laws of another jurisdiction. 

BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTAND ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASEES, WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME. I INTEND MY SIGNATURE TO BE THE REQUIRED EVIDENCE OF MY ASSENT TO COMPLETELY AND UNCONDITIONALLY RELEASE ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. 

Printed Name: Address: Date:{dob}

I am the parent or legal guardian of the minor named above. I have the legal right to consent to and, by signing below, I hereby do consent to the terms and conditions of this Release and Waiver of Liability and Assumption of Risk.

	Printed Name of Parent or Legal Guardian: Address: Date: