RELEASE OF LIABILITY AND ASSUMPTION OF RISK
The individual “Participant” named below (referred to as “I” or “me”) desires to participate in non-mandatory / voluntary exercise, strength training and conditioning activities (i.e., work-outs) (the “Activities”) organized by ECHELON FRONT, LLC, a Delaware limited liability company (the “Company”). As lawful consideration for being permitted by the Company to participate in the Activities, I agree to all the terms and conditions set forth in this agreement (this “Agreement”).
I AM AWARE AND UNDERSTAND THAT ALTHOUGH THE COMPANY PRIORITIZES SAFETY FOR ALL WHO PARTICIPATE IN THE ACTIVITIES, THE ACTIVITIES ARE DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY BE COMPOUNDED BY EMERGENCY RESPONSE OR RESCUE OPERATIONS. I UNDERSTAND THAT SOME ACTIVITIES WILL TAKE PLACE OUTDOORS WITH POTENTIAL UNMARKED HAZARDS AND DANGEROUS TERRAIN, AND THAT THERE ARE DANGERS RELATED TO ANY OUTDOOR GROUP ACTIVITIES IN UNFAMILIAR TERRITORY. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH OR PROPERTY DAMAGE, WHETHER CAUSED, DIRECTLY OR INDIRECTLY, BY ANY ACTS OR OMISSIONS OF THE COMPANY.
I HEREBY EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS, NOW KNOWN OR HEREAFTER KNOWN IN ANY JURISDICTION THROUGHOUT THE WORLD, AGAINST THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, MEMBERS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “RELEASE ES”), ON ACCOUNT OF ANY INJURY, DEATH OR PROPERTY DAMAGE ARISING OUT OF OR ATTRIBUTABLE TO MY PARTICIPATION IN THE ACTIVITIES, WHETHER ARISING OUT OF THE NEGLIGENCE OF THE COMPANY OR ANY RELEASEES OR OTHERWISE. I COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST THE COMPANY OR ANY OTHER RELEASEE, AND FOREVER RELEASE AND DISCHARGE THE COMPANY AND ALL OTHER RELEASEES FROM LIABILITY UNDER SUCH CLAIMS.
IN ADDITION, I HEREBY EXPRESSLY AGREE to allow the Company or its agents full permission to take picture(s), film, photographs, videotapes, or recordings for advertising or publicity purposes. In the event, I choose not to allow the use of the same for said purpose, I agree that I must inform the Company of this in writing. If I am signing for my minor child, I, the parent or guardian, do hereby grant permission to the Company to use any photographs, videotapes, motion pictures or recordings for publicity purposes by the Company. (optional)
This Agreement constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the Company and me and their respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Travis County, Texas and I hereby consent to the exclusive jurisdiction of such courts.
This Agreement may be signed in any number of counterparts, each of which shall be an original, with the same effect as if the signatures thereto and hereto were upon the same instrument. Any signature page(s) hereto delivered electronically shall be binding to the same extent as an original signature page, with regard to any agreement subject to the terms hereof or any amendment thereto.