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Release And Waiver Of Liability

In consideration of being permitted to participate in this event, I hereby release, waive, discharge DataVox Inc., its parents, subsidiaries or other affiliates, officers, employees, vendors, agents, or and contractors (“Releasees“) from any and all liability, claims, demands, actions, and causes of action of any kind or nature arising out of or related to any loss, damage, or injury, including death, that I or any of my property may sustain resulting from my participation in or in any way connected with my participation in such activity, including but not limited to claims for personal injury or negligence, and all claims for monetary recovery, including, without limitation, attorneys’ fees experts’ fees, medical fees or expenses, costs, and disbursements, regardless of whether such loss is caused by the negligence of the Releasees and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, and covenant not to sue the Releasees based on the same.

 

It is my express intent that this Release and Waiver of Liability and Indemnification Agreement (“Release“) bind my family members, spouse, heirs, assigns, personal representatives, and anyone else entitled to act on my behalf to the extent they act on my behalf, and is deemed as a release, waiver, discharge, and covenant not to sue the Releasees.

 

I understand that participation in this activity involves an inherent risk of personal injury and even death, and I hereby elect to voluntarily participate in said activity, knowing that the activity may be hazardous to me and my property. I understand that DataVox Inc. does not require me to participate in this activity. I assume full responsibility for any risks of loss, property damage, or personal injury, including death, that I or my property may sustain as a result of being engaged in such activity, whether caused by the negligence of the Releasees or otherwise, including as a result of negligent rescue operations. I hereby acknowledge that I know of no medical reason why I should not participate in this activity.

 

I further covenant and agree to indemnify and hold harmless the Releasees from any loss, liability, damage, or costs, including attorneys’ fees and court costs, they may incur arising out of or related to my participation in the activity, whether caused by the negligence of the Releasees or otherwise, including as a result of negligent rescue operations.

 

I further covenant and agree that this Release shall be construed in accordance with the laws of the State of Texas and that any mediation, suit, or other proceeding relating to this Release and any activities covered hereby must be filed or entered into only in Texas and the federal or state courts of Texas. Any portion of this Release deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the Release as a whole to the full extent authorized by law.

 

I have read and fully understand this Release as set forth above and understand that I have given up substantial rights by signing it. I certify that I have reached the age of majority and have signed under my own free will and that I am suffering from no disabilities/impairments/medical conditions or previous injuries that would prevent my safe participation in this activity or potentially lead to my injury or the injury of another participant.