RELEASE OF LIABILITY AND ASSUMPTION OF RISK

The individual named below (referred to as “I” or “me“) desires to attend the Astros Game and Crawfish Boil Event (the “Activity”) hosted by ALCHEMY TECHNOLOGY GROUP, LLC, a Texas limited liability company (the “Company“). In consideration of being permitted by the Company to engage in the Activity and in recognition of the Company’s reliance hereon, I agree to all the terms and conditions set forth in this agreement (this “Release“).

1. I am aware of the highly contagious nature of the 2019 novel coronavirus disease (COVID-19) (the “Disease“) and the risk that I may be exposed to or contract the Disease by engaging in the Activity. I understand and acknowledge that such exposure or infection may result in serious illness, personal injury, permanent disability, death, and/or property damage. I acknowledge that this risk may result from or be compounded by the actions, omissions, or negligence of others, including Company employees. I understand that while the Company has implemented preventative measures designed to reduce the spread of the Disease, the Company cannot guarantee that I will not become infected with the Disease while participating in the Activity and that doing so may increase my risk of contracting the Disease. NOTWITHSTANDING THE RISKS ASSOCIATED WITH THE DISEASE, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGER INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF PERSONAL INJURY, ILLNESS, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE RELATED TO THE DISEASE, ARISING FROM MY ENGAGING IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE..
2. I hereby expressly waive and release any and all claims, now known or hereafter known, against the Company, and its officers,][ directors, manager(s), employees, agents, affiliates, shareholders/members, successors, and assigns (collectively, “Releasees“), on account of injury, illness, disability, death, or property damage arising out of or attributable to my engaging in the Activity and being exposed to or contracting the Disease, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other 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 Texas law does not permit to be released by agreement.
3. I am familiar with federal, state, and local laws, orders, directives, and guidelines related to the Disease, including the Centers for Disease Control and Prevention (CDC) guidance on the Disease. During the Activity, I will comply with all such orders, directives, and guidelines, including, without limitation, requirements related to hand sanitation, social distancing, and use of face coverings.  I will also follow all instructions of the Company while participating in the Activity.  I agree not to attend the event or otherwise engage in the Activity if I am experiencing symptoms of the Disease (such as cough, shortness of breath, or fever), have a confirmed or suspected case of the Disease, or have come in contact in the last 14 days with a person who has been confirmed to have or suspected of having the Disease.
4. I shall defend, indemnify, and hold harmless the Company [and all other 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, 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 Company or any other Releasees in a final non-appealable judgment, arising out or resulting from any claim of a third party related to the Disease due to my engaging in the Activity or being on the Premises, including any claim related to my own negligence or the ordinary negligence of the Company.
5. This Release constitutes the sole and entire agreement of the Company and me 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 is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company and me and our 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 without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Harris County, Texas and I hereby consent to the exclusive jurisdiction of such courts.

BY REGISTERING FOR THE EVENT, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY. 

I am the parent or legal guardian of the minor accompanying me to the event and engaging in the activity. I have the legal right to consent and, by registering for the event, I hereby do consent to the terms and conditions of this Release of Liability.