RELEASE AND INDEMNIFICATION
The undersigned parent or natural guardian has
enrolled the above listed child in Sailing Lesson(s) offered by The North Texas
Sailing School and Rush Creek Yacht Club, which is located at 320 Rush Creek
Drive, Heath, Texas 75032 (the "Facilities") and does hereby agree and confirm
as follows:
1. I fully recognize the risks of injury or illness inherent in participation in
any fitness or athletic program, and I represent to The North Texas Sailing
School (NTSS) and the Rush Creek Yacht Club (RCYC) that I have consulted my
child's personal physician or other health authority and my child is physically
capable of participating in the Sailing Lesson(s).
2. I hereby voluntarily release, discharge, waive and relinquish any and all
actions or causes of action for personal injury, property damages, or wrongful
death occurring to me and arising as a result of engaging in Sailing Lessons or
any activities incidental thereto, wherever or however the same may occur and
for whatever period said activities or instructions may continue. I, for myself,
my heirs, executors, administrators and assigns, hereby release, waive,
discharge and relinquish any action or causes of action aforesaid which may
hereafter arise for me and for my estate, and agree that under no circumstances
will I or my heirs, executors, administrators and assigns prosecute or present
any claims for personal injury, property damages or wrongful death against NTSS
and/or RCYC and/or its officers, directors, agents, servants, and employees,
from any and all liability of any kind or nature in connection with my
participation in the Lessons, whether the same shall arise by the negligence of
any said persons, or otherwise. IT IS MY INTENTION BY THIS INSTRUMENT TO EXEMPT
AND RELIEVE NTSS and RCYC FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGES
OR WRONGFUL DEATH CAUSED BY NEGLIGENCE.
3. I further indemnify and hold harmless NTSS and/or RCYC and/or its officers,
directors, agents, servants, and employees, from any and all claims, actions,
demands, costs, liabilities, expenses or judgments whatsoever, including
attorneys' fees and costs, which might arise from my participation in the
Sailing Lesson(s).
4. I hereby voluntarily execute and deliver this Release and Indemnification to
NTSS and RCYC to induce NTSS and/or RCYC to permit my participation in Sailing
Lesson(s), and I hereby acknowledge that such participation is at my own risk
and without any representations of any kind or character having been made by
NTSS and/or RCYC and/or its officers, directors, agents, servants, employees,
parent company and subsidiaries. I acknowledge that I have read the foregoing
and have been fully advised that I should contact my child's personal physician
or other health authority prior to commencing the Sailing Lesson(s).