RELEASE OF LIABILITY, INDEMNITY, AND ASSUMPTION OF RISK:
Texas --QB Country, LLC (referred to herein as “QB Country”) undertakes the responsibility to provide you with expert sports training and other related services (the “Program”). By signing below, you acknowledge and agree to the following:
• You represent that you are physically fit to participate in the QB Country Program and that, prior to participation in the Program, you have consulted a physician regarding any limitations or medical risks that you may have in relation to the Programs and certify that you are free from any such limitations and medical risks.
• You further understand and agree that the Program involves physical exertion and strenuous physical activity by you, which entails certain risks and serious bodily injury and/or death may occur. For example, physical contact with other participants, equipment or surfaces may occur during the Program.
• With full knowledge of the risks of serious bodily injury and death, you voluntarily choose to participate in the Program and (i) hereby forever release, covenant not to sue, discharge and waive all liability on behalf of QB Country, its employees, executives, agents, affiliates, owners, subsidiaries, partners, sponsors, joint venturers, owners and lessees of the premises, consultants, volunteers and contractors (the “Releasees”) for any bodily injury of any kind, property damage or death, suffered by you as a result of your participation in the Program, regardless of whether such bodily injury or death was due to negligence of any kind committed by QB Country or the Releasees or otherwise, (ii) agree to indemnify and hold harmless QB Country and the Releasees from any loss, liability or cost they may incur arising out of or related to your participation in the Program, and (iii) assume full responsibility for any bodily injury, death or property damage arising out of or related to your participation in the Program.
• Notwithstanding your agreement not to sue QB Country and the Releasees, you agree that any legal proceedings of any kind, including those related to the enforceability of this waiver, shall take place in Collin County, Texas. You certify that you have read the forgoing and understand that by signing below, you are giving up certain legal rights and remedies and intend that your signature be a complete and unconditional release of all liability on behalf of QB Country and the Releasees to the greatest extent permitted by law.
RELEASE OF LIABILITY, INDEMNITY, AND ASSUMPTION OF RISK AS RELATES TO CHILDREN’S HEALTH:
• You understand that Children’s Health System of Texas and all of its affiliated entities (collectively, “Children’s Health”) are independent of QB Country. Children’s Health is neither an owner of nor owned by QB Country, and Children’s Health does not have any control over how QB Country conducts its business.
• You understand that the Program is not being provided by or under the direction of Children’s Health or any providers associated with Children’s Health.
• To the extent your participation in the Program occurs on Children’s Health premises, involves entry on Children’s Health premises or use of any facility or equipment on Children’s Health premises for any purpose, you agree that such participation is at your own risk and you assume the risk of any and all injury and/or damage you may suffer, whether while engaging in sports training or other related services of Program or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to you by Program or otherwise.
• You agree to release and indemnify Children’s Health, its officers, directors, employees, representatives, and agents from and against any and all liabilities, claims, causes of action, damages, losses and costs, known or unknown, arising out of or caused or resulting from participation in the Program by the person(s) listed below.
RELEASE OF MATERIAL:
For good and adequate consideration, which you acknowledge you have received, you hereby grant, release, and quitclaim to QB Country royalty free the right and authority to use, sell, reproduce, and distribute, quoted material, biographical information, your photograph, likeness, contact information, recorded voice or videotaped filmed appearances (the “Materials”) for promotional and advertising purposes or partner programs as QB Country in its sole discretion will deem appropriate. You acknowledge that you have read and fully understand this Injury Waiver and General Release Form. This agreement will be binding on you, your spouse, your children, legal representatives, heirs, successors and assigns. QB Country is the sole owner of all rights in and to the Materials and shall have the sole right to broadcast such Materials in whole or in part in perpetuity for any purpose in any medium.
QB COUNTRY PROGRAMS. The training services created by QB Country, which may include data, techniques, materials, programs, methods, manuals, and other information used in carrying out the terms of this Form, are the sole property of QB Country and may not be used, replicated, disclosed, published or sold without prior written consent from the owner. Further, you agree to keep the specific terms of your training costs confidential.
ENTIRE AGREEMENT; AMENDMENT. These Program Terms and Conditions constitute the entire agreement, and supersedes all prior agreements and understandings, both written and oral, with respect to the subject matter hereof. These Program Terms and Conditions may be amended only in a writing executed by the parties hereto.
GOVERNING LAW. Program Terms and Conditions shall be governed by the laws of the state of Texas without giving effect to the conflict of laws principles thereof. Any disputes relating thereto shall be brought in the courts of Collin County, Texas.
