RELEASE OF LIABILITY AND WAIVER AND INDEMNITY AGREEMENT
I CONFIRM THAT PRIOR TO, AND IN CONSIDERATION FOR UNCHARTED TERRITORY (AS DEFINED HEREIN) ACCEPTING, MY RESERVATION FOR ANY OF THE ACTIVITIES (AS DEFINED HEREIN) I HAVE READ FULLY THE FOLLOWING RELEASE OF LIABILITY AND WAIVER AND INDEMNITY AGREEMENT (THIS “AGREEMENT”), AND I UNDERSTAND THAT BY CLICKING ON THE “SUBMIT APPLICATION” BUTTON ON THE UNCHARTED TERRITORY WEBSITE, I AGREE WITH UNCHARTED TERRITORY AS FOLLOWS:
1. I have chosen to participate in one or more of the following activities (hereinafter referred to as the “Activities”), each of which is organized by UnCharted Territory LLC, a Texas limited liability company (“UnCharted Territory”):
● Active Shooter
● Advanced Bleeding Control (“ABC”)
● Basic Life Support for Healthcare Provider (“BLS-H”)
● Bloodborne Pathogens (“BP”)
● Child and Babysitting Safety (“CBS”)
● CPR & AED
● On-Site Group CPR Course (“OCPR”)
● Pediatric CPR, AED, and First Aid (“PCPR”)
● Wilderness First Aid (“WFA”)
2. This Agreement shall apply to my participation in any or all of the Activities.
3. I understand, acknowledge, and agree that UnCharted Territory has no control over and assumes no responsibility for the actions of any independent contractors that provide services, materials and/or instructions in connection with the Activities.
4. I understand, acknowledge, and agree that participation in the any of the Activities involves known and unknown risks that could result in property damage or bodily injury, including permanent disability or death, or social and economic loss, and that might result not only from my own action, inaction or negligence, but also from the action, inaction, or negligence of UnCharted Territory or any of its past and present directors, officers, shareholders, partners, employees, volunteers, agents, representatives, subsidiaries, parents, affiliates, successors and assigns (collectively, the “Released Parties”). Further, I understand that there may be other risks not known by the Released Parties or reasonably foreseeable. I hereby assume full responsibility for, and the risk of, any and all property damage, bodily injury, including permanent disability or death, or social and economic loss, WHETHER DUE TO THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES, as identified above, or otherwise while participating in any of the Activities.
5. I HEREBY FOREVER RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE ANY OF THE RELEASED PARTIES, FROM ANY AND ALL LIABILITY FOR ANY COST, LOSS, DAMAGE, EXPENSE, LIABILITY, CLAIM, OR CAUSE OF ACTION INCLUDING, BUT NOT LIMITED TO, BODILY INJURY INCLUDING DEATH, AND PROPERTY DAMAGE, THAT I MAY SUFFER OR INCUR AS A RESULT OF MY PARTICIPATION IN ANY OF THE ACTVITIES, FROM ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE ON THE PART OF ANY OF THE RELEASED PARTIES IN THE OPERATION, SUPERVISION, CONDUCT, ADMINISTRATION OR PROVISION OF ALL OR ANY PART OF THE ACTIVITIES. I HEREBY ATTEST THAT I HAVE REVIEWED THE RELEASE PROVISIONS SET FORTH HEREIN AND THAT I UNDERSTAND THE MEANING OF THIS AGREEMENT AND ITS PROVISIONS.
6. I HEREBY AGREE TO INDEMNIFY, PROTECT, DEFEND, AND SAVE AND HOLD HARMLESS THE RELEASED PARTIES AND EACH OF THEM FOR, FROM AND AGAINST ALL LOSSES, LIABILITIES, CLAIMS (INCLUDING ANY CLAIM OF NEGLIGENCE), ACTIONS, DAMAGES, COSTS OR EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES) OF ANY NATURE WHATSOEVER, WHETHER IN LAW OR IN EQUITY, THAT ANY AND EACH OF THE RELEASED PARTIES MAY INCUR OR THAT MAY ARISE OUT OF, OR IN ANY WAY RESULT FROM OR RELATE TO, MY PARTICIPATION IN AY OF THE ACTIVITIES. I HEREBY ATTEST THAT I HAVE REVIEWED THE INDEMNITY PROVISIONS SET FORTH HEREIN AND THAT I UNDERSTAND THE MEANING OF SUCH INDEMNITY PROVISIONS.
7. BY SIGNING THIS AGREEMENT, I UNDERSTAND THAT I AM RELEASING THE RELEASED PARTIES FROM ANY POTENTIAL CLAIMS FOR NEGLIGENCE AND FOR ANY DAMAGES RESULTING FROM ANY POTENTIAL CLAIMS FOR NEGLIGENCE, AS WELL AS AGREEING TO THE OTHER TERMS IN THIS AGREEMENT.
8. I further expressly agree that this Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Texas and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. This Agreement shall be governed by the laws of the State of Texas without regard to its conflict of law rules. I HAVE CAREFULLY AND FULLY READ, AND I UNDERSTAND THE CONTENTS OF AND VOLUNTARILY SIGN, THIS AGREEMENT and I further agree that no oral or written representations, statements or inducement apart from this Agreement have been made. I am either at least 18 years of age or my parent or guardian has also agreed to the Parent Or Guardian Consent on the screen below.
I have read this Assumption of Risk and Waiver and Liability Release and agree to its terms.
PARENT OR GUARDIAN CONSENT
This is to certify that I, as parent or guardian with legal responsibility for the minor child who is party to the Assumption of Risk and Waiver and Liability Release (the “Wavier”), above, (such minor child, the “Participant”) do consent and agree to his/her executing the Waiver and being bound by the release, waiver, and other terms provided in the Wavier. I RELEASE AND AGREE TO INDEMNIFY THE RELEASED PARTIES (AS DEFINED IN THE WAVIER FROM ANY AND ALL LIABILITIES ARISING FROM OR RELATING TO THE INVOLVEMENT OR PARTICIPATION OF THE PARTICIPANT IN THE ACTIVITIES (AS DEFINED IN THE WAIVER), EVEN IF ARISING FROM THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES, TO THE FULLEST EXTENT PERMITTED BY LAW. I ALSO AGREE TO ALL OTHER CONDITIONS SET FORTH IN THE WAIVER. BY CHECKING THE “ACCEPT” BOX BELOW, I HEREBY ATTEST THAT I HAVE REVIEWED THE INDEMNITY PROVISIONS SET FORTH IN THE RELEASE AND THAT I UNDERSTAND THE MEANING OF SUCH INDEMNITY PROVISIONS.