THIS WAIVER IS EXTREMELY IMPORTANT AND IS MATERIAL IN NATURE. PARTICIPANT MUST READ CAREFULLY AND UNDERSTAND ITS TERMS AND CONDITIONS. IN ADMITTING PARTICIPANT TO THE EVENT OR EVENT AREA, THE COMPANY IS EXPRESSLY RELYING ON ANY AND ALL REPRESENTATIONS AND WARRANTIES MADE BY PARTICIPANT HEREIN. PARTICIPANT' S ADMISSION TO THE EVENT AREA OR THE EVENT IS CONDITIONED ON, AND IS GRANTED EXCLUSIVELY IN RELIANCE ON, THE REPRESENTATIONS AND WARRANTIES MADE BY PARTICIPANT HEREIN. PARTICIPANT SHALL NOT BE GRANTED ACCESS TO THE EVENT AREA OR THE EVENT UNLESS PARTICIPANT HAS MADE EACH OF THE REPRESENTATIONS AND WARRANTIES CONTAINED HEREIN.
The individual named below (referred to as "I" or "me" or "Participant") desires to participate in the game of golf, and specifically driving a golf cart (the "Activity") at the golf course located at 2400 Fred Couples Dr., Gunter, Texas 75058 (the "Event Area"), owned and operated by the Bridges Golf Club, LLC, a Texas limited liability company (the "Company"). In consideration of being permitted by the Company to participate in the Activity and in recognition of the Company's reliance hereon, I agree to all the terms and conditions set forth in this instrument (this "Release").
I AM AWARE AND UNDERSTAND THAT THE ACTIVITY IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.
I hereby expressly waive, discharge, and release any and all claims, now known or hereafter known, against the Company, and its officers, directors, managers, employees, agents, affiliates, members, successors, and assigns (collectively, "Releasees"), on account of injury, disability, death, or property damage arising out of or attributable to my participation in the Activity, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims.
I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by, arising out, or resulting from any claim of a third party related to my participation in the Activity, including any claim related to my own negligence or the ordinary negligence of the Company.
I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Company from any claim based on such treatment or other medical services.
I hereby acknowledge, agree, represent and warrant that I am aware that alcohol is permitted in the Event Area and may be consumed by participants, subject to compliance with the laws of the State of Texas, and participants do so at their own risk, and I hereby personally accept any and all liability associated with such risks to the extent I am involved or at fault, and that in doing so I may create a risk to others and that all participants in the Event Area hold harmless the Releasees in regard to an claim, or damages suffered by me or any other party which involve or were compounded by the use or presence of alcohol or other substances.
This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company and me and their respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Dallas, Texas and I hereby consent to the exclusive jurisdiction of such courts.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF TIDS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY. I WILLINGLY, VOLUNTARILY AND HAVING HAD AMPLE OPPORTUNITY TO RAISE ANY QUESTIONS OR CONCERNS THAT I MAY HAVE, HEREBY ACKNOWLEDGE THAT I AM PARTICIPATING VOLUNTARILY WITH KNOWLEDGE OF THE DANGERS WIDCH ARE INVOLVLED AND HEREBY FURTHER AGREE TO ASSUME ANY AND ALL RISKS, AND SIGN TIDS WAIVER ON MY OWN FREE WILL AND HEREBY AGREE TO BE BOUND BY ALL OF IT.