The undersigned has enrolled 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), the Rush Creek Yacht Club (RCYC) and the American Sailing Association (ASA) that I am 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 ASA, 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, RCYC and/or ASA 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 ASA, 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, RCYC and ASA to induce NTSS, RCYC, and ASA 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, RCYC, and ASA, its officers, directors, agents, servants, employees, parent company and subsidiaries. I acknowledge that I have read the foregoing and I understand and agree with this release and indemnification of NTSS, RCYC, and ASA.