PARTICIPANT RELEASE, WAIVER AND ASSUMPTION OF RISK
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By checking all of the following sections, I verify that I have read and agree to the following Release and Waiver of Liability.:
This is a legally binding Release, Waiver, and Assumption of Risk (collectively,"Release''), made voluntarily by me, the undersigned participant, on my own behalf, and on behalf of my heirs, executors, administrators, legal representatives and assigns (hereinafter collectively, "Participant", "I", or "me", which terms shall also include Participant's parents or guardian, if Participant is under 18 years of age), to the Ali Zaher Enterprises LLC. agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on its behalf (herein after collectively, "DBA PLAYTRI"), in consideration of the services provided by, DBA PLAYTRI, I hereby agree to release, indemnify, and discharge DBA PLAYTRI on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my participation in this activity including, but not limited to, biking and hiking activities, entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to third parties or to property. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. The risks include, but are not limited to: accidents involving other bicycles or vehicles; collision with fixed or movable objects; injuries or accidents involving contact with the bicycle; falls from the bicycle; the negligence of other operators of motor vehicles or myself; my own physical condition; the condition of roads/trails, uneven terrain, or highways and accidents connected with their use; slipping and falling; falling objects; water hazards; exhaustion; exposure to temperature and weather extremes which could cause hypothermia, hyperthermia (heat reactive illnesses), heat exhaustion, sunburn, dehydration; exposure to potentially dangerous wild animals, insect bites (including potential insect-borne illness and diseases), hazardous plant life; equipment failure; and improper lifting or carrying.
2. I expressly agree and promise to accept and assume all of the risk and responsibilities any way arising from or associated with this activity.
3. I hereby voluntarily agree to indemn1fy, defend, and hold harmless, "PLAYTRI" thereby releasing ancl forever discharging them from any and all claims, demands, damages, liabilities, Judgments, suits, or causes of action, which are in any way connected with my participation in this activity or my use of, "PLAYTRI's" equipment or facilit1es, excluding any such claims ,related to the gross negligence or intentional misconduct of, "PLAYTRI".
4. I hereby grant my permission for any and all emergency medical/dental treatment and/or first aid to be administered to me, including authorizing any medical treatment facility/hospital to administer emergency treatment, for any illness/injury/accident resulting from participation in this activity.
5. I certify that l have adequate insurance to cover any injury or damage I may cause or suffer while participating, or in the alternative, I agree to bear the costs of treatment for such injury or the costs of damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. I grant permission and irrevocably authorize, "PLAYTRI" to copyright, use and publish for any legal purposes whatsoever any and all movies, videos, and photographs of me/my minor child(ren) taken on our behalf, if applicable, and to use them for promotional and/or commercial purposes without recourse or compensation to me. All such photographs shall be the sole property of the above-named entity and I release them from any claims whatsoever, which arise in said regard.
7. I agree that any dispute concerning, relating, or referring to this contract, brochures, or any other literature concerning my trip, or the trip itself shall be resolved exclusively by binding arbitration according to the then excluding rules of the American Arbitration Association in Dallas, Texas. Such proceedings will be governed by substantive Texas law excluding any application or consideration of the Texas Arbitration Act.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against, "PLAYTRI" on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.