The individual who registered (referred to as “I” or “me”) desires to enter the property owned by Reed Erickson (the “Owner”), located at 942 W 31st Street, Houston, Texas 77018 (the “Property”), to attend certain events and engagements co-hosted by the Owner and Alchemy Technology Group, LLC (“Alchemy” and together Alchemy and Owner are (the “Co-Hosts”) on the Property (the “Activity”). In consideration of being permitted by the Owner to enter the Property, and by the Co-Hosts to participate in the Activity, and in recognition of the Owner’s and Alchemy’s reliance hereon, I agree to the terms and conditions:
1. I AM AWARE AND UNDERSTAND THAT ACCESSING THE PROPERTY AND PARTICIPATING IN THE ACTIVITY MAY 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 THE CO-HOSTS, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE CO-HOSTS. I HEREBY WARRANT AND DECLARE THAT I WILL NEVER WITHHOLD ANY INFORMAITON THAT WOULD INFLUENCE THE DECISION OF THE CO-HOSTS IN ALLOWING ME TO PARTICIPATE IN THE ACTIVITY, INCLUDING WITHOUT LIMITATION, TO OPERATE ANY VEHICLE PROVIDED BY ME OR OTHER PARTIES. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM VOLUNTARILY ACCESSING THE PROPERTY AND PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING THEREFROM, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE OWNER OR ANY RELEASEE OR OTHERWISE.
2. I acknowledge that this Waiver and Release was included in the Activity registration form and that by submitting my registration form, I (i) acknowledge that have read this Waiver and Release; (ii) accept it and agree that I am legally bound by it terms; and (iii) by its terms, I hereby expressly waive and release any and all claims, now or hereafter known, against the Owner, and Alchemy, 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 being on the Property or my participation in the Activity, whether arising out of the ordinary negligence of the Owner or any Releasees or otherwise. I covenant not to make or bring any such claim against the Owner or any other Releasee, and forever release and discharge the Owner 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 shall defend, indemnify, and hold harmless the Owner 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, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by/awarded against the Owner or any other Releasees in a final, non-appealable judgment arising out of or resulting from any claim of a third party related to my being on the Property or my participation in the Activity, including any claim related to my own negligence or the ordinary negligence of the Owner.
4. I agree that I will follow all instructions of the Owner or any onsite property manager or other representative or agent of the Owner or Alchemy while on the Property.
5. I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention while on the Property. 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 Owner from any claim based on such treatment or other medical services.
6. This Release constitutes the sole and entire agreement of the Co-Hosts 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.
7. This Release is binding on and shall inure to the benefit of the Owner and me and our respective successors, assigns, heirs, executors, and personal representatives. 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 WAIVER AND RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE OWNER AND CO-HOSTS.
