SAN ANTONIO SUNS LLC
GENERAL RELEASE OF LIABILITY AND WAIVER OF CLAIMS
1. In consideration for receiving permission to participate in Amateur Athletic Union of the U.S., Inc. (“AAU”) competitions, and the training required to participate in competition and on teams (the “Activity”), on behalf of myself, my spouse, my minor children, or minors in my care, parents, heirs, assigns, legal representatives, guests and invitees, (collectively the Releasors) COVENANT NOT TO SUE AND RELEASE San Antonio Suns LLC, its officers, managers, members, agents, servants, employees, volunteers, successors, assigns and other persons connected with or associated with any of them (collectively the “Releasees”) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by Releasors, or any of the property belonging to Releasors or in Releasors’ possession, custody, or control, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise, while traveling to or from or participating in the Activity, or while in, on or upon the property where the Activity is being conducted.
2. Releasors understand that the Releasees, do not assess or warranty the proficiency of other participants in the Activity, and the Releasees do not make any warranty or representation of any type, kind or character, whatsoever, as to existing conditions upon the property Releasors may enter for the Activity. Releasors are participating in the Activity at Releasors’ own risk, and Releasors accept the property in the existing conditions, and recognize that the Activity can be hazardous activities and expose Releasors to dangerous conditions, risks and hazards. Furthermore, Releasors understand the use of certain equipment related to the Activity are of varying degrees of proficiency which creates additional risks, and which Releasors also accept.
3. Releasors agree and represent that Releasors will comply with all current rules, regulations, rules of San Antonio Suns LLC, all laws and regulations of the State of Texas, all federal laws, and any other controlling authority’s rules and regulations while participating in the Activity, including, but not limited to, laws regarding narcotics, alcohol, proper licensure, stamps, education, etc.
4. RELEASORS ARE FULLY AWARE OF THE RISKS INVOLVED AND HAZARDS CONNECTED WITH PARTICIPATION IN THE ACTIVITY AND RELEASORS HEREBY ELECT TO VOLUNTARILY PARTICIPATE IN THE ACTIVITY WITH FULL KNOWLEDGE THAT SAID ACTIVITY MAY BE HAZARDOUS TO RELEASORS AND TO PROPERTY OWNED BY RELEASORS OR IN RELEASORS’ POSSESSION, CUSTODY, OR CONTROL. RELEASORS VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY BE SUSTAINED BY RELEASORS, OR ANY LOSS OR DAMAGE TO PROPERTY OWNED BY RELEASORS OR IN RELEASORS’ POSSESSION, CUSTODY, OR CONTROL, AS A RESULT OF BEING ENGAGED IN SUCH AN ACTIVITY, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES OR OTHERWISE.
5. RELEASORS FURTHER HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS RELEASEES FROM ANY LOSS, LIABILITY, DAMAGE OR COSTS, INCLUDING COURT COSTS AND ATTORNEY FEES, THAT THE RELEASEES MAY INCUR DUE TO RELEASORS’ PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY THE SOLE OR PARTIAL NEGLIGENCE OF RELEASEES OR OTHERWISE.
6. The undersigned understands and agrees to assume full financial responsibility for paying all costs and expenses associated with the provision of medical care for participant. Furthermore, the undersigned also agrees to assume full financial responsibility of any costs associated with any specialized means of evacuation necessary to transport participant to an appropriate medical care facility. The undersigned affirms that the health of participant is good and there is not ongoing physician’s care or treatment for any undisclosed condition that bears upon participant’s fitness to safely participate in the activities of Programs. In addition, certain health and medical information must be made known to the staff conducting the activities so that they are prepared to respond appropriately if the need arises. This information will be held in confidence.
7. The undersigned also states that participant is not under, and will not be under, the influence of any chemical substances other than prescribed medication; including alcohol. The undersigned further states that any medication participant may be taking will not affect participant’s full participation in Programs or affect participant’s personal safety or the safety of others. The undersigned also understands that the participation of participant is entirely VOLUNTARY. Participant enters into this activity and takes full responsibility for their decision to participate, or not to participate, and agrees to follow all safety instruction and rules.
8. Releasors understand that the Releasees may not maintain any insurance policy covering any circumstance arising from participation in the Activity. As such, Releasors are aware that I should review my personal insurance coverage.
9. It is our express intent that this General Release of Liability and Waiver of Claims shall bind the members of Releasors’ family and spouse, and Releasors’ heirs, assigns and personal representative, if Releasors are deceased, and shall be deemed as a RELEASE AND WAIVER OF CLAIMS AGAINST, AND A COVENANT NOT TO SUE the above-named RELEASEES. Releasors 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 will be heard in the federal or state courts in San Antonio, Bexar County, Texas.
10. Releasors agree that Texas law shall apply to this Agreement and Venue shall lie in Bexar County, Texas.
11. IN SIGNING THIS RELEASE, I ACKNOWLEDGE AND REPRESENT THAT 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 and Waiver of Claims on my behalf or on behalf of my child or ward; and I execute this General Release of Liability and Waiver of Claims for full, adequate and complete consideration fully intending to be bound by same.
I HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND ITS TERMS. I AM AWARE THAT THIS AGREEMENT INCLUDES A RELEASE AND WAIVER OF LIABILITY, AN ASSUMPTION OF RISK, AND AN AGREEMENT TO INDEMNIFY THE RELEASEES. I UNDERSTAND I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. BY MY SIGNATURE I REPRESENT THAT I AM AT LEAST EIGHTEEN YEARS OF AGE OR, IF NOT, THAT I HAVE SECURED BELOW THE SIGNATURE OF MY PARENT OR GUARDIAN AS WELL AS MY OWN.
