In consideration of the services of the City of Kyle’s Parks and Recreation Department, their agents, staff, volunteers, participants, employees and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as Kyle PARD), I hereby agree to release, indemnify and discharge Kyle PARD on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that participating in programs in the parks entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death or damage to myself, to property or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
Furthermore, Kyle PARD employees and agents have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They may give inadequate warnings or instructions and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Kyle PARD from any and all claims, or causes of action, which are in any way connected with my participation in this activity or my use of Kyle PARD’s equipment or facilities, including any such claims which allege negligent acts or omissions of Kyle PARD.
4. Should Kyle PARD or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. In the event that I file a lawsuit against Kyle PARD, I agree to do so solely in the State of Texas, and I further agree that the substantive law of the State of Texas shall apply in that action without regard to the conflict of laws of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Kyle PARD on the basis of any claim from which I have released them herein.
The Kyle Parks & Recreation Department reserves the right to limit or refuse participation to person(s) that do not demonstrate adherence to Players Contract, actions that contribute to the degradation of the league or display unsportsmanlike behavior to other teams, players and league officials.
I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.