RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND
INDEMNITY AND PARENTAL CONSENT AGREEMENT (“AGREEMENT”)
IN CONSIDERATION of being permitted to participate in any way in the glass- design, glass-making, and all other activities to be conducted at the facility
commonly known as Blind Bird Designs, located at 3701 Plains Blv, Amarillo,
Texas 79102 (such activities hereinafter referred to as the “Activities”), I, for
myself, my personal representatives, agents, assigns, heirs, and next of kin:
1. ACKNOWLEDGE, agree, and represent that I understand the nature of the
Activities and that I am qualified, in good health, and in proper physical
condition to participate in such Activities. I further agree and warrant that if at
any time I believe conditions to be unsafe, I will immediately discontinue
further participation in the Activities.
2. FULLY UNDERSTAND THAT: (a) THE ACTIVITIES INVOLVE RISKS AND
DANGERS OF SERIOUS BODILY INJURY, INCLUDING BURNS,
PERMANENT DISABILITY, PARALYSIS, AND DEATH (“RISKS”); (b) these
Risks and dangers may be caused by my own actions or inactions, the
actions or inactions of others participating in the Activities, the conditions in
which the Activities take place, or THE NEGLIGENCE OF THE
“RELEASEES” NAMED BELOW; (c) there may be OTHER RISKS AND
SOCIAL AND ECONOMIC LOSSES either not known to me or not readily
foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH
RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND
DAMAGES I may incur as a result of my participation or that of the minor in
the Activities.
3. HEREBY FULLY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE
Blind Bird Designs, its owners, managers, administrators, directors, agents,
officers, affiliates, members, volunteers, employees, as well as any other
participants, sponsors, advertisers, and any owners, lessors and/or managers
of the premises on which the Activities take place, (each considered one of
the “RELEASEES” herein) FROM ALL LIABILITY, CLAIMS, DEMANDS,
LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO
BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE
“RELEASEES” OR OTHERWISE (INCLUDING NEGLIGENT RESCUE
OPERATIONS), AND I FURTHER AGREE that if, despite this RELEASE
AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY
AGREEMENT, I, or anyone on my behalf, makes a claim against any of the
Releases, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF
THE RELEASEES from any litigation expenses, attorney fees, loss, liability,
damage, or cost which may be incurred as a result of such claim.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS,
UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING
IT, AND HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR
ASSURANCE OF ANY NATURE. I INTEND FOR THIS AGREEMENT TO BE A
COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE
GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY
PORTION OF THIS AGREEMENT IS HELD TO BE INVALID OR
UNENFORCEABLE, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE
IN FULL FORCE AND EFFECT.
Printed Name of Participant:
Address:
Phone:
Participant’s Signature (only if age 18 or over):
Date: