In exchange for participation in the activity of fishing tournaments, fishing
scrimmages, and other club activities organized by the Boerne Bass Club (the
“Club”), and/or use of the property, facilities and services of the
Club and its volunteers, I (parent name, below) agree for myself and for the
members of my family named below to the following (the
“Agreement”):
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and
obey all posted rules and warnings, including those of FAN, and further agree to
follow any oral instructions or directions given by the Club, or the employees,
volunteers, representatives or agents of the Club.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that
there are certain inherent risks associated with the above described activity and
I assume full responsibility for personal injury to myself and (if applicable) my
family members, and further release and discharge the Club and its volunteers for
injury, loss or damage arising out of my or my family's use of or presence upon
the facilities of the Club, whether caused by the fault of myself, my family, the
Club, or other third parties.
3. INDEMNIFICATION. I agree to indemnify and defend the Club
and its volunteers against all claims, causes of action, damages, judgments,
costs or expenses, including attorney fees and other litigation costs, which may
in any way arise from my or my family's use of or presence upon the facilities of
the Club.
4. FEES. I agree to pay for all damages to the facilities of
the Club and its volunteers caused by any negligent, reckless, or willful actions
by me or my family.
5. APPLICABLE LAW. Any legal or equitable claim that may
arise from participation in the above shall be resolved under Texas law.
6. NO DURESS. I agree and acknowledge that I am under no
pressure or duress to sign this Agreement and that I have been given a reasonable
opportunity to review it before signing. I further agree and acknowledge that I
am free to have my own legal counsel review this Agreement if I so desire. I
further agree and acknowledge that the Club has offered to refund any fees I have
paid to use its facilities if I choose not to sign this Agreement.
7. ARM'S LENGTH AGREEMENT. This Agreement and each of its
terms are the product of an arm's length negotiation between the Parties. In the
event any ambiguity is found to exist in the interpretation of this Agreement or
any of its provisions, the parties, and each of them, explicitly reject the
application of any legal or equal rule of interpretation which would lead to a
construction either “for” or “against” a particular party
based upon their status as the drafter of a specific language, or provision
giving rise to such ambiguity.
8. ENFORCEABILITY. The invalidity or unenforceability of any
provision of this Agreement whether standing alone or as applied to a particular
occurrence or circumstance, shall not affect the validity or enforceability of
any other provision of this Agreement or of any other applications of such
provision, as the case may be, and such invalid or unenforceable provision shall
be deemed not to be a part of this Agreement.
9. DISPUTE RESOLUTION. The parties will attempt to resolve
any dispute arising out of or relating to this Agreement through friendly
negotiations amongst the parties. If the matter is not resolved by negotiation,
the parties will resolve the dispute using the below Alternative Dispute
Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement
will be submitted to mediation in accordance with any statutory rules of
mediation. If mediation is not successful in resolving the entire dispute or is
unavailable, any outstanding issues will be submitted to final and binding
arbitration under the rules of the American Arbitration Association. The
arbitrator's award will be final, and judgment may be entered upon it by any
court having proper jurisdiction.