RELEASE OF LIABILITY
READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for participation in the activity of Kayak Fishing Tournament organized by Yak4it, of PO Box 1546, Pflugerville, Texas, 78691 and/or use of the property, facilities and services of Yak4it, I, _________________, of _________________, _________________, _________________ _________________, agree for myself and (if applicable) for the members of my family, to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Yak4it, or the owners, employees, representatives or agents of Yak4it.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Yak4it for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of Yak4it, whether caused by the fault of myself, my family, Yak4it or other third parties.
3. INDEMNIFICATION. I agree to indemnify and defend Yak4it against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Yak4it.
4. FEES. I agree to pay for all damages to the facilities of Yak4it caused by any negligent, reckless, or willful actions by me or my family.
5. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Texas law.
6. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Yak4it has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
7. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arms' length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
8. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
9. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
10. MEDIA RELEASE. I grant permission to Yak4it to use my image (photographs and/or video) for use in Yak4it, or other publications including television, videos, email blasts, recruiting brochures, newsletters, advertisements, magazines, etc. and to use my image in electronic versions of the same publications or on websites or other electronic forms of media.
I hereby waive any right to inspect or approve the finished photographs or electronic matter that
may be used in conjunction with them now or in the future, whether that use is known to me or
unknown, and I waive any right to royalties or other compensation arising from or related to the
use of the image.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
11. EMERGENCY CONTACT. In case of an emergency, please call _________________ (Relationship: _________________) at _________________ (Day), or _________________ (Evening).
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.
Signature: ________________________________________ Date: ___________________
Printed Name: _______________________________________
(If Under 18)
Parent/Guardian: ______________________________________ Date: ___________________
Printed Name: __________________________ Contact Phone Number: _________________
Yak4it TOC - LIABILITY RELEASE