CENTRAL TEXAS ARCHERY
5400 E. Howard Lane
Manor, Texas 78653
WAIVER AND RELEASE OF LIABILITY,
ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
For and in consideration of National Archery Association of the united States dba USA Archery (“USA Archery”) allowing me, the undersigned, to participate as a member or volunteer in and USA archery sanctioned event and related activities (“Event” or “Events”); I, for myself, and on behalf of my spouse, children, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agree to and make the following contractual representations pursuant to this Agreement (the “Agreement”):
- RULES AND REGULATIONS: I hereby agree to be subject to, bound by, and observe all applicable provisions of the bylaws, rules, codes, regulations, policies and procedures, and any other applicable governing documents of USA Archery, including the Code of Conduct Policies and Code of Ethics of USA Archery which can be found at www.usarchery.org and any amendments thereto, as amended from time to time.
- STATEMENT OF HEALTH AND SAFETY: I understand that archery is a physically demanding sport and hereby certify that I am in good health and proper physical condition and do not have any mental or physical conditions or impairments which would preclude my ability to safely participate in such activities. I further agree that I am responsible for my own health and safety at any Events, and that I will immediately discontinue participation in any Events if I have any health or safety concerns.
- ACKNOWLEDGEMENT OF RISK: I knowingly, willingly and voluntarily acknowledge the inherent risks associated with participation in the sport of archery and understand that my participation in an Event involves risks and dangers including, without limitation, the potential for serious bodily injury, sickness and disease (including communicable diseases, virus or bacteria), trauma, pain & suffering, permanent disability, paralysis and death; loss of or damage to personal property; exposure to extreme conditions and circumstances; facilities or premises issues, including hazards resulting in slips, trips and falls; accidents involving other participants, event staff, volunteers, spectators or the general public; contact or exposure to other participants, including participants of varying skill levels; adverse weather conditions; travel risks; equipment failure, including protective equipment; inadequate safety measures; situations beyond the immediate control of the Event or Events organizers; and other undefined, not readily foreseeable and presently unknown risks and dangers (“Risks”).
- ASSUMPTION OF RISK: I understand that the aforementioned Risks may be caused in whole or in part or result directly or indirectly from the negligence of my own actions or inactions, the actions or inactions of others participating in or volunteering at the Events, or the negligent acts or omissions of the Released Parties defined below, and I hereby voluntarily and knowingly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I incur as a result of my participation in any Events
- WAIVER AND RELEASE OF LIABILTY, HOLD HARMLESS AND INDEMNITY: In conjunction with my participation in any Events, I hereby release, waive and covenant not to sue, and further agree to indemnify, defend and hold harmless the following parties: USA Archery, the US Olympic & Paralympic Committee (USOPC), USA Archery Clubs (including Central Texas Archery), members, Event participants (including registered athletes, coaches, trainers, officials and other personnel), the owners/lessors (including Gawain Investments & Acquisitions, LLC.) or managers of any facilities or premises where an Event takes place; and all directors, officers, agents, administrators, contractors, employees or volunteers or any of the aforementioned parties (Individually and Collectively, the “Released Parties” or “Event Organizer”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and reasonable attorney fees) of any kind of nature (“Liability”) which may arise out of, result from, or relate in any way to my participation in any Event or Events, including claims for Liability caused in whole or in party by the negligent acts or omissions of the Release Parties. 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 Liabilities which any may be incurred as the result of such claim.
- COMPLETE AGREEMENT AND SEVERABILITY CLAUSE: 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 provision.
- PHOTO RELEASE: Photographs and videos are routinely taken at events. I release the use of any images taken at this event for the purposes of photographing, video recording or streaming the event and promoting archery, but not for commercial purposes. With my signature below, I agree that images that are taken at this event by or on behalf of the event organizer may be used without compensation or additional permission.