Waiver Consent
GENERAL RELEASE OF LIABILITY, WAIVER OF CLAIMS AND ASSUMPTION OF RISK
Acknowledgment and Assumption of Risk
1. I, the undersigned Participant or parent/legal guardian of the Participant (if under 18 years old), acknowledge that participation in football and related activities organized by MTX Bandits Youth Football Organization (hereinafter “MTX Bandits”) involves inherent risks. These activities include, but are not limited to, practices, games, tournaments, team travel (within or outside of Dallas County and the State of Texas), and any other related events (“Activities”). I understand these risks may include personal injury, property damage, permanent disability, paralysis, and death.
2. I voluntarily assume all risks associated with participation in MTX Bandits Activities, including transportation to and from events, whether by private vehicle, team transportation, or any other means. I further acknowledge that risks may arise from the actions, negligence, or failure to act of MTX Bandits, its employees, volunteers, coaches, agents, affiliates, sponsors, or other participants related to the Activities.
3. I am fully aware of the risks involved and hazards connected with participation in the Activities, and I hereby elect to voluntarily participate in the Activities with full knowledge that said Activities may be hazardous to any and all Participants and to property owned by me or my family members or in our possession, custody, or control. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, DAMAGE, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me and , or any loss or damage to property owned by me or my family members or in our possession, custody, or control, as a result of being engaged in such Activities, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES (defined below) OR OTHERWISE. Release of Liability
4. In consideration for being permitted to participate in the MTX Bandits and the Activities, the undersigned hereby, on behalf of myself, my child, all Participants and their respective personal representatives, heirs, next of kin, past, present or future affiliates, officers, directors, shareholders, members, managers, partners, employees, agents, attorneys, insurers, consultants, advisors, successors and assigns, minor children and minors in my care (the “Releasing Parties”), COVENANT NOT TO SUE AND RELEASE MTX Bandits and their personal representatives, heirs, next of kin, past, present or future affiliates, officers, directors, shareholders, members, managers, partners, employees, agents, attorneys, insurers, consultants, advisors, successors and assigns, minor children, minors in their care, volunteers and/or other persons connected or associated with the MTX Bandits (collectively the “Releasees”) from any and all rights, claims, counterclaims, liabilities, demands, debts, agreements, promises, claims for recovery and causes of action, known or unknown, what soever arising out of or related to any loss, damage (economic or otherwise), claim, debt, liability, promise, punitive claim and/or injury, including death, that may be sustained by the Releasing Parties, or any of the property belonging to the Releasing Parties or in their possession, custody, or control, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise, while traveling to or from or participating in the Activities, or while in, on or upon any premises where the Activities are being conducted. This is a general release of all possible claims and causes of action of every kind and character, including those related to the Activities, and is to be interpreted liberally to effectuate maximum protection for the MTX Bandits.
5. I understand that the Releasees do not assess or warranty the facilities, any vehicles involved in travel and/or the proficiency of the equipment, locations and/or other participants in the Activities, and the Releasees do not make any warranty or representation of any type, kind or character, whatsoever, as to existing conditions upon the property and lands the Releasing Parties may enter for the Activities. I and/or any and allParticipants are participating in the Activities at our own risks, and we accept the land/or property where the Activities are conducted in their existing condition.
Travel Authorization
6. I grant permission for myself or my minor child Participant to travel to and from events organized or sanctioned by MTX Bandits, whether within or outside Dallas County or the State of Texas. I acknowledge that such travel may involve risks, including accidents, delays, or unforeseen events, and I assume all responsibility for these risks.
Compliance with Laws and Code of Conduct
7. I agree and represent that I will comply with all current Texas Parks and Wildlife regulations, all laws of the State of Texas, all federal laws, and any other controlling authority’s rules and regulations while participating in the Activities, including, but not limited to, laws regarding narcotics, alcohol, proper licensure, stamps, hunter education, etc.
8. I understand that I, and my minor Participants, as applicable, must adhere to the rules, policies, and codes of conduct established by MTX Bandits. Failure to comply may result in suspension or termination of participation without refund.
Indemnity
9. The Releasing Parties hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage, or costs, including court costs and attorney fees, that the Releasees may incur due to my participation in the Activities, WHETHER CAUSED BY THE SOLE OR PARTIAL NEGLIGENCE OF RELEASEES or otherwise. The Releasing Parties further agree that they shall be solely responsible for all liability, costs of repair, costs of replacement, losses and damages of any kind arising out of the use of any equipment and facilities in connection with the Activities and shall tender payment for the same within 30 days of receipt of a demand from the MTX Bandits for such payment.
10. I understand that the Releasees may not maintain any insurance policy covering any circumstance arising from my participation in the Activities. As such, I am aware that I should review my personal insurance coverage to protect the interests of the Releasing Parties in connection with the Activities.
Medical Authorization and Consent
11. In the event of a medical emergency, I authorize MTX Bandits to obtain medical treatment for myself and/or my minor Participant and assume all financial responsibility for such treatment, regardless of where the event takes place. I understand that MTX Bandits does not provide medical or accident insurance and that I am responsible for any medical expenses incurred.
Photo/Video Release
12. I grant permission for MTX Bandits to use photographs or video footage of myself and/or my minor Participants for promotional, educational, or informational purposes without compensation. I acknowledge and agree that all such name, images and likeness of any Participant are the sole property of MTX Bandits and expressly waive any ownership, right, title and interest thereto, including any claims of copyright.
Acknowledgment of Understanding
13. It is my express intent that this General Release of Liability and Waiver of Claims shall bind the Releasing Parties (as defined above), including all members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a RELEASE AND WAIVER OF CLAIMS AGAINST, AND A COVENANT NOT TO SUE the above-named RELEASEES. I hereby further agree that this General Release of Liability and Waiver of Claims shall be construed in accordance with the laws of the State of Texas, and any dispute concerning this agreement and/or the Activities shall be heard in the federal or state courts in Dallas, Texas, where venue is mandatory.
14. I further acknowledge and agree that If any provision of this waiver is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
15. In signing this Release, I acknowledge and represent I have read the foregoing General Release of Liability and Waiver of Claims, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age or the parent or guardian of a minor child and fully competent to execute this General Release of Liability, Waiver of Claims and Assumption of Risk on my behalf or on behalf of my child or ward; and I execute this General Release of Liability, Waiver of Claims and Assumption of Risk for full, adequate and complete consideration fully intending to be bound by same.
16. Further, in signing this release, I acknowledge and represent that the Releasees may, at any time, unilaterally decide to deny me access to the Activities and that verbal admonishment of the same shall require me to immediate vacate the property; should I fail to immediately vacate the Property or cease the Activities upon request, I shall be guilty of trespass and subject to all of the legal and//or equitable consequences therefore.