2018 Austin Rattler MTB

2018 Rocky Hill Ranch Waiver
Waiver of Liability Rocky Hill Ranch Smithville, Texas  
In consideration of my visiting and utilizing the land facilities of Rocky Hill Ranch, I hereby freely agree to and make the following contractual representations and agreements.  I fully realize the dangers of participating in both on and off road bicycling, hiking and running as well as camping, swimming and participating in any water sport activity.  I fully assume the risks associated with such participation including, by way of example and not limitations, the following:  the dangers of collisions with pedestrians, livestock, wildlife, vehicles, other bicyclists, fixed or moving objects; the dangers arising from  activities associated with special events enacted or promoted by others, surface hazards, equipment failure, inadequate safety equipment and weather conditions; the danger of contact with biting insects, reptiles and mammals; the dangers of participating in any water or play activity including drowning; and the possibility of serious physical and/or mental trauma including death. I hereby waive, release, and discharge for myself, my heirs, executors, administrators, legal representatives, assigns and successors in interest (hereinafter collectively termed “successors”) any and all rights and claims which I have or which may hereafter accrue to me against Hilil, Inc., Rocky Hill Ranch, Grey Hill Jr., Pam Hill, any of their employees, designates or heirs, any property owners, law enforcement agencies, all public utilities, special districts and properties (and their respective agents, officials and employees) through or by which the events will be held for any and all damages which may be sustained by me directly or indirectly in connection with, or arising out of my participation with activities at Rocky Hill Ranch or travel to or from Rocky Hill Ranch.  I agree that it is my sole responsibility to be familiar with the conditions of the trail, camping, swimming, special events, and recreational areas.  I understand and agree that situations may arise during participating in activities at Rocky Hill Ranch that may be beyond the immediate control of the property owners and I must partake in any and all activities so as to neither endanger myself or others.  I accept responsibility for the condition and adequacy of my bicycle equipment and any other related personal equipment used on Rocky Hill Ranch.  While riding my bicycle on Rocky Hill Ranch and any of the adjoining properties being utilized or leased by Rocky Hill Ranch, I will wear an ANSI, SNELL, ASTM, or CPSC rated helmet, properly affixed to my head and I assume all responsibility and liability for the selection and fit of such a helmet. I have no physical or mental condition which to my knowledge would endanger myself or others if I participate in this event, or would interfere with my ability to participate in activities at Rocky Hill Ranch.  I agree for myself and my successors, that the above representations are contractually binding, and are not mere recitals, and that should I or my successors assert my claim in contravention of this agreement, I or my successors shall be liable for all the expenses (including legal fees) incurred by the other party or parties in defending his, her or themselves against my claim. This agreement may not be modified orally and a waiver of any provision shall not be construed as a modification of any other provision herein or as consent to any other provision herein or as a consent to any subsequent waiver or modification. Parent or Guardian of a Minor: I as parent or guardian of the below named minor hereby give my permission for my child or ward to participate in events and day use at Rocky Hill Ranch, and further agree, individually and on behalf of my child or ward to the terms of the above.            

2018 WAIVER, ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT  
WARNING: READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND DEPRIVES YOU OF THE RIGHT TO SUE LIFE TIME FITNESS, INC. AND OTHER PARTIES. DO NOT SIGN THIS AGREEMENT UNLESS YOU HAVE READ IT IN ITS ENTIRETY. SEEK THE ADVICE OF LEGAL COUNSEL IF YOU ARE UNSURE OF ITS EFFECT. 
IN CONSIDERATION for Youphoriaproductionsllc. and its subsidiaries, affiliates, employees, representatives, and agents allowing my participation in the Austin Rattler MTB I, the undersigned, and on behalf of my spouse, heirs, next of kin, any legal and personal representatives, successors and assigns, hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement (the “Agreement”);  
PARTICIPANT REPRESENTATIONS:  I hereby represent that (i) I am in good health and physically fit to participate in the Event; and (ii) have not been advised against participating in the Event by a qualified health professional. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Event. 
ASSUMPTION OF RISK:  I understand and acknowledge that there are dangers, hazards and risks of injury or damages, some of which are inherent, in my use of, presence at, or participation in the Event.  I understand that these dangers, hazards and risks, arising from my use of, presence at, or participation in the Event, whether running, bicycling, swimming, or other portions of the Event, include but are not limited to: the potential for serious bodily injury, permanent disability, paralysis and death; drowning; loss or damage to property; exposure to extreme conditions and circumstances; accidents, illness, contact or collision with other participants, spectators, pedestrians, vehicles, or other natural or manmade objects; dangers arising from adverse weather; imperfect course conditions; water, road and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; and other accidents or incidents that may result in injury or damage (“Risks”). I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others participating in the Event, or the acts, inaction or ordinary negligence of the Released Parties defined below, and I hereby voluntarily and willingly assume all such Risks and any other damages, liabilities, losses or expenses to my person or personal property which I incur as a result of my participation in the Event. 
RELEASE OF LIABILITY:  I hereby Release, Waive and Covenant Not to Sue: Youphoriaproductionsllc, all Event sponsors, and all Host Cities, Local Organizing Committees, Venues and Property Owners upon which the Event takes place, Law Enforcement Agencies and other Public Entities providing support for the Event, and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers (Individually and Collectively, the “Released Parties” or “Event Organizers”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and reasonable attorneys fees) of any kind or nature (“Liability”) from my use of, presence at or participation in the Event, which may arise out of, result from or relate to the ordinary negligence of the Released Parties. 
INDEMNIFICATION:  I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liability which may be incurred as the result of such claim. 

RELEASE FOR PERSONAL LIKENESS:  I understand that Youphoriaproductionsllc, and/or those authorized by Youphoriaproductionsllc, will be (i) taking photographs, (ii) making audio recordings and (iii) video recordings of the Event and its related events. I hereby irrevocably consent to and grant Youphoriaproductionsllc, and/or anyone authorized by Youphoriaproductionsllc, the exclusive right to the ownership and use of any and all (i) photographs, (ii) audio recordings and/or (iii) video recordings containing my image or likeness, for any lawful purpose whatsoever in connection with Youphoriaproductionsllc and its related events. 
ADDITIONAL TERMS: I understand the Event course, distance, location, and timeline can be changed at the discretion of the Related Parties. All distances are approximate by GPS measurements. The Event can be altered, postponed or cancelled for any reason including but not limited to: inclement weather, natural disturbances, police activity, acts/threats of terrorism, or other reasons beyond the Related Parties’ reasonable control. If the Event is cancelled or altered as described above, no refunds, credits or transfers will be issued, granted or permitted. 
PARTICIPANT WARRANTS:  I have read this Agreement carefully, understand its terms and conditions, understand that I will be giving up substantial legal rights by signing it (including the rights of the minor, my spouse, heirs and next of kin, and any legal and personal representatives, successors and assigns), acknowledge that I have signed this Agreement freely and voluntarily, without any inducement, assurance or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.