Please read this form carefully and be aware that in signing up and participating in the program/activity, you will be expressly assuming the risk and legal liability and waiving and releasing all claims for injuries, damages or loss which you might sustain as a result of participating in any and all activities connected or associated with City of Murphy Special Events.
WARNING OF RISK
City of Murphy Special Events are intended to provide engaging and fun activities for all ages in efforts to enhance the overall event experience for each participant. Despite careful and proper preparation of equipment, there is still a risk of serious injury for certain activities ("Special Events").
All hazards and dangers cannot be foreseen. Certain risks include, but are not limited to, the acts of falling, running, jumping, sliding, diving, collisions with other individuals and with stationary objects, heat exhaustion, acts of God, inclement weather, horseplay, unsportsmanlike conduct, dangerous playing conditions, poor field conditions, defective equipment, equipment failure, premises defects, slip and falls, failure in supervision, and other circumstances inherent to the above mentioned activities. In this regard, it is impossible for the City of Murphy to guarantee absolute safety.
This Voluntary Waiver and Release Agreement (“Agreement”) is hereby executed by the undersigned, or if the undersigned is under the age of 18 years, then the undersigned’s parent or legal guardian (together with any heir, successor, representative or assign, collectively as “Participant”) in favor and for the sole and exclusive benefit of the Released Parties (as defined herein). In connection with Participant’s involvement in City of Murphy Special Events (hereinafter referred to as an “Event”), Participant hereby certifies, warrants, represents, agrees and covenants to the City of Murphy and their affiliates, officers, employees, contractors, agents, successors and assigns (the “Released Parties”), that he/she is:
(1) free of any mental or physical condition, ailment or injury (medical or otherwise) which would, in and of itself or in conjunction with any other circumstance, including but not limited to those activities associated with the Event, (i) impair, prevent or prohibit participant from engaging in such Event or (ii) be affected, aggravated or worsen in any way as a result, directly or indirectly, of participant’s involvement in such Event; and
(2) of sound mind and body and not under the influence of alcohol or any illicit or prescription drug or medication which may in any way impair participant’s ability to enter into this agreement, fully understand the respective intent and meaning of all of the terms and provisions hereof and to participate in the Event; and
(3) entering into this waiver and release agreement voluntarily, by participant’s own free will, act and deed, without any undue influence from the Released Parties, Special Event organizers, or any other third party.
WAIVER AND RELEASE OF ALL CLAIMS AND ASSUMPTION OF RISK
PARTICIPANT AGREES THAT PARTICIPANT DERIVES A MATERIAL BENEFIT FROM THE EVENT AND/OR PARTICIPANT’S INVOLVEMENT THEREIN. BY EXECUTION OF THIS AGREEMENT, PARTICIPANT AGREES AND ACKNOWLEDGES THAT THE EVENT MAY INVOLVE STRENUOUS ACTIVITY, WHICH MAY BE POTENTIALLY HAZARDOUS, AND PARTICIPANT HEREBY ASSUMES ALL RISKS ASSOCIATED WITH PARTICIPATING IN THE EVENT, INCLUDING, WITHOUT LIMITATION, FALLS, CONTACT WITH OTHER PARTICIPANTS, THE EFFECTS OF WEATHER AND THE CONDITION OF SURFACES. FURTHERMORE, PARTICIPANT EXPRESSLY AND UNCONDITIONALLY ASSUMES ALL RISKS AND DANGERS KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, AND RELATING OR INCIDENTAL TO PARTICIPANT’S INVOLVEMENT IN THE EVENT AND ANY ACTIVITY ASSOCIATED THEREWITH. PARTICIPANT HEREBY RELEASES, FOREVER DISCHARGES AND HOLDS HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, DEATH, BODILY INJURY OR PROPERTY DAMAGE OF ANY KIND OR NATURE (COLLECTIVELY, THE “LOSSES”), ARISING OUT OF OR RELATING TO PARTICIPANT’S INVOLVEMENT IN THE EVENT AND ALL ACTIVITIES ASSOCIATED THEREWITH, INCLUDING LOSSES CAUSED BY THE NEGLIGENCE, OR ALLEGED NEGLIGENCE, OF THE RELEASED PARTIES.
MEDICAL ATTENTION. Participant agrees that during the Event, the Released Parties are authorized to secure appropriate medical attention for Participant in the event of an accident, illness or injury. Participant shall be responsible for any and all costs of medical coverage and treatment provided not covered by Participant’s insurance.
GOVERNING LAW: The validity, interpretation, construction and enforcement of this Agreement shall be governed and controlled by the laws of the State of Texas, without regard to that State's rules with respect to choice of law. Venue for any dispute arising out of this Agreement shall be in Collin County, Texas. THE WAIVER AND RELEASE GRANTED BY PARTICIPANT HEREUNDER IS LEGALLY BINDING AND SHALL BE CONSIDERED IRREVOCABLE. PARTICIPANT AGREES THAT THE RELEASED PARTIES MAY RELY UPON THIS AGREEMENT TO THE FULLEST EXTENT PERMISSIBLE AT LAW OR IN EQUITY.
By my signature below, I acknowledge I have read and fully understand the above warning of risk, assumption of risk and waiver and release of all claims.
