This Liability Waiver and Release (this “Waiver”) is granted as of by , located at (the “Participant”), in favor of Galaxy Holdings, a TX LLC located at (the “Company”). PLEASE READ CAREFULLY — THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS, INCLUDING A WAIVER AND RELEASE OF CLAIMS.
The Participant desires to participate in the following activity, event, program, or use of facilities offered or operated by the Company (the “Activity”):
The Participant understands and acknowledges that the Activity involves inherent and other risks of physical injury, illness, property damage, and, in extreme cases, permanent disability or death, which may result from the Participant’s own actions, the actions of others, the condition of equipment or premises, or the negligence of the Company. The Participant knowingly, freely, and voluntarily assumes all such risks, both known and unknown, and accepts full responsibility for participation in the Activity.
In consideration of being permitted to participate in the Activity, the Participant hereby waives, releases, discharges, and covenants not to sue the Company and its officers, directors, employees, agents, volunteers, contractors, successors, and assigns (collectively, the “Released Parties”) from and against any and all claims, demands, liabilities, damages, costs, and causes of action of any kind, whether known or unknown, that arise out of or relate to the Participant’s participation in the Activity, including those caused or alleged to be caused, in whole or in part, by the ordinary negligence of any Released Party, to the fullest extent permitted by the laws of the State of TX. This release does not apply to liability arising from the gross negligence or willful misconduct of a Released Party.
The Participant agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to the Participant’s participation in the Activity or any breach of this Waiver, including claims brought by third parties.
The Participant authorizes the Company and its representatives to obtain or administer first aid and to arrange for emergency medical care and transportation if, in their judgment, such care is warranted, and the Participant agrees to be responsible for all costs of such care. The Participant represents that he or she is physically fit to participate in the Activity and has no medical condition that would make participation dangerous, except as the Participant has disclosed to the Company in writing.
The Participant represents and warrants that (a) the Participant is at least eighteen (18) years of age and has full capacity to enter into this Waiver (or, if the Participant is a minor, this Waiver is executed by the Participant’s parent or legal guardian, who also assumes the obligations herein on behalf of the minor); and (b) the Participant has read this Waiver, fully understands its terms, understands that it includes a surrender of substantial rights, and signs it freely and voluntarily without inducement.
This Waiver is governed by and construed under the laws of the State of TX, without regard to its conflict-of-laws rules. The Participant intends this Waiver to be as broad and inclusive as permitted by law, and if any provision is held invalid, the remaining provisions shall continue in full force and effect, and the invalid provision shall be reformed to the minimum extent necessary to make it enforceable. This Waiver may be signed by electronic signature.
Signature:
Printed Name:
Date:
If Participant is a minor — Parent/Guardian:
Name:
Date:
Name: Michael Yuan
Title: General Manager
Date: