Common use of AGREEMENTS OF RELEASE AND INDEMNITY Clause in Contracts

AGREEMENTS OF RELEASE AND INDEMNITY. FURTHER, IN CONSIDERATION OF THE RIGHT TO PARTICIPATE IN A SKY RANCH ACTIVITY, TO THE MAXIMUM EXTENT ALLOWED BY LAW, PARTICIPANT RELEASES, AND AGREES NOT TO BRING ANY CAUSE OF ACTION AGAINST SKY RANCH, ITS OWNERS, MANAGERS, EMPLOYEES, MEDICAL PERSONNEL, CONTRACTORS OR ANY RELATED PARTIES (THE 'RELEASED PARTIES') FOR LIABILITY OR CLAIMS OF ANY NATURE, INCLUDING LOSS OR DAMAGE TO PROPERTY, PERSONAL INJURY, EXPOSURE TO COMMUNICABLE DISEASE, SUCH AS COVID-19, CORONAVIRUS, OR SIMILAR CONTAGION, OR DEATH, SUFFERED BY PARTICIPANT IN ANY WAY RELATED TO PARTICIPANT'S ENROLLMENT, PARTICIPATION IN, OR TRANSPORTATION RELATED TO A SKY RANCH ACTIVITY. IN ADDITION, PARTICIPANT AGREES TO INDEMNIFY THE RELEASED PARTIES (THAT IS DEFEND THEM, INCLUDING SATISFACTION OF LIABILITIES, COSTS AND ATTORNEY'S FEES) FROM CLAIMS BROUGHT BY PARTICIPANT, MEMBERS OF PARTICIPANT'S FAMILY AND ANY OTHER PERSON ARISING OUT OF PARTICIPANT'S PARTICIPATION IN, OR TRANSPORTATION RELATED TO A SKY RANCH ACTIVITY. THE CLAIMS WHICH ARE THE SUBJECT OF THESE AGREEMENTS OF RELEASE AND INDEMNITY INCLUDE THOSE ARISING FROM THE NEGLIGENCE OF ANY RELEASED PARTIES, EXCEPT NOT WHERE CAUSED BY ANY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE RELEASED PARTIES. THE ACTIVITIES INTENDED TO BE COVERED BY THIS AGREEMENT OF RELEASE AND INDEMNITY INCLUDE ACTIVITIES ON OR OFF SKY RANCH PREMISES, INCLUDING TRANSPORTATION TO AND FROM SKY RANCH ACTIVITIES AND ON THE SKY RANCH GROUNDS OR ANY PREMISES UTILIZED BY SKY RANCH FOR ANY OF ITS ACTIVITIES.

AGREEMENTS OF RELEASE AND INDEMNITY. FURTHER, IN CONSIDERATION OF THE RIGHT TO PARTICIPATE IN A SKY RANCH ACTIVITY, TO THE MAXIMUM EXTENT ALLOWED BY LAW, PARTICIPANT RELEASES, AND AGREES NOT TO BRING ANY CAUSE OF ACTION AGAINST SKY RANCH, ITS OWNERS, MANAGERS, EMPLOYEES, MEDICAL PERSONNEL, CONTRACTORS OR ANY RELATED PARTIES (THE 'RELEASED PARTIES') FOR LIABILITY OR CLAIMS OF ANY NATURE, INCLUDING LOSS OR DAMAGE TO PROPERTY, PERSONAL INJURY, EXPOSURE TO COMMUNICABLE DISEASE, SUCH AS COVID-19, NOVEL SARS-2 CORONAVIRUS, OR SIMILAR CONTAGION, OR DEATH, SUFFERED BY PARTICIPANT IN ANY WAY RELATED TO PARTICIPANT'S ENROLLMENT, PARTICIPATION IN, OR TRANSPORTATION RELATED TO A SKY RANCH ACTIVITY. IN ADDITION, PARTICIPANT AGREES TO INDEMNIFY THE RELEASED PARTIES (THAT IS DEFEND THEM, INCLUDING SATISFACTION OF LIABILITIES, COSTS AND ATTORNEY'S FEES) FROM CLAIMS BROUGHT BY PARTICIPANT, MEMBERS OF PARTICIPANT'S FAMILY AND ANY OTHER PERSON ARISING OUT OF PARTICIPANT'S PARTICIPATION IN, OR TRANSPORTATION RELATED TO A SKY RANCH ACTIVITY. THE CLAIMS WHICH ARE THE SUBJECT OF THESE AGREEMENTS OF RELEASE AND INDEMNITY INCLUDE THOSE ARISING FROM THE NEGLIGENCE OF ANY RELEASED PARTIES, EXCEPT NOT WHERE CAUSED BY ANY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE RELEASED PARTIES. THE ACTIVITIES INTENDED TO BE COVERED BY THIS AGREEMENT OF RELEASE AND INDEMNITY INCLUDE ACTIVITIES ON OR OFF SKY RANCH PREMISES, INCLUDING TRANSPORTATION TO AND FROM SKY RANCH ACTIVITIES AND ON THE SKY RANCH GROUNDS OR ANY PREMISES UTILIZED BY SKY RANCH FOR ANY OF ITS ACTIVITIES.

AGREEMENTS OF RELEASE AND INDEMNITY. FURTHER, IN CONSIDERATION OF THE RIGHT TO PARTICIPATE IN A SKY RANCH ACTIVITY, TO THE MAXIMUM FULLEST EXTENT ALLOWED BY LAW, I, ADULT PARTICIPANT RELEASESOR PARENT OR GUARDIAN (FOR MYSELF AND ON BEHALF OF A MINOR PARTICIPANT), AGREE TO WAIVE, DISCHARGE, AND AGREES NOT TO BRING ANY CAUSE OF ACTION AGAINST SKY RANCHRELEASE FROM LIABILITY THE XXXXX PROJECT, INC., ITS OWNERSOFFICERS, MANAGERSDIRECTORS, EMPLOYEES, MEDICAL PERSONNEL, CONTRACTORS OR ANY RELATED PARTIES AGENTS AND VOLUNTEERS (THE '“RELEASED PARTIES'”) FOR FROM ANY AND ALL LIABILITY ON ACCOUNT OF OR CLAIMS OF IN ANY NATURE, INCLUDING LOSS OR DAMAGE WAY RELATING TO PROPERTY, PERSONAL INJURY, EXPOSURE TO COMMUNICABLE DISEASE, SUCH AS COVID-19, CORONAVIRUS, DISEASE OR SIMILAR CONTAGION, ILLNESS AND OTHER LOSSES ARISING FROM OR DEATH, SUFFERED BY PARTICIPANT IN ANY WAY RELATED TO PARTICIPANT'S ENROLLMENTMY OR THE MINOR CHILD’S BEING ENROLLED IN OR PARTICPATING IN ANY OUTING OF THE XXXXX PROJECT, PARTICIPATION IN, OR TRANSPORTATION RELATED TO A SKY RANCH ACTIVITYINC. IN ADDITION, PARTICIPANT AGREES I FURTHER AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES (THAT IS DEFEND THEMAND EACH OF THEM FROM ANY AND ALL CLAIMS, INCLUDING SATISFACTION OF LIABILITIESDAMAGES, COSTS AND ATTORNEY'S FEES) FROM CLAIMS BROUGHT BY PARTICIPANT, MEMBERS OF PARTICIPANT'S FAMILY AND ANY OTHER PERSON ARISING OUT OF PARTICIPANT'S PARTICIPATION ININJURIES OR LOSSES CAUSED BY, OR TRANSPORTATION RELATED TO A SKY RANCH ACTIVITYSUFFERED BY, ME OR THE MINOR CHILD IN CONNECTION WITH THE OUTING. THE CLAIMS WHICH ARE THE SUBJECT OF THESE AGREEMENTS OF RELEASE AND INDEMNITY INCLUDE THOSE ARISING FROM LOSS, DAMAGE OR EXPENSE CLAIMED TO HAVE BEEN CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF ANY RELEASED PARTIESPARTICIPANT’S BECOMING INFECTED BY, EXCEPT NOT WHERE CAUSED BY ANY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE RELEASED PARTIESOR, WITH RESPECT TO INDEMNITY, INFECTING OTHERS WITH, A COMMUNICABLE DISEASE, INCLUDING COVID-19. THE ACTIVITIES INTENDED TO BE COVERED BY THIS AGREEMENT THESE AGREEMENTS OF RELEASE AND INDEMNITY INCLUDE ACTIVITIES CLAIMS OF NEGLIGENCE (BUT NOT CLAIMS OF GROSS NEGLIGENCE OR INTENTIONALLY WRONGFUL CONDUCT) OF A RELEASED PARTY. THESE AGREEMENTS DO NOT APPLY TO INJURIES OR OTHER LOSSES WHICH OCCUR ON OR OFF SKY RANCH PREMISESLANDS, INCLUDING TRANSPORTATION THE LANDS OF THE NATIONAL PARK SERVICE, TO THE EXTENT RULES OR REGULATIONS GOVERNING THE USE OF SUCH LANDS PROHIBIT THIER APPLICATION AS A MATTER OF LAW. I UNDERSTAND AND FROM SKY RANCH ACTIVITIES INTEND THAT THIS ASSUMPTION OF RISKS AND ON AGREEMENTS OF RELEASE AND INDEMNITY ARE BINDING UPON MY, AND THE SKY RANCH GROUNDS OR ANY PREMISES UTILIZED BY SKY RANCH FOR ANY OF ITS ACTIVITIES.MINOR PARTICIPANT’S, HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS. OTHER PROVISIONS: • I give my permission for my minor Participant to go on the Outing. I further consent and allow the Outing leader or bearer of this document to administer first aid and/or secure medical attention for myself or my minor Participant as the Outing leader or bearer of this document deems appropriate. I understand that efforts will be made to contact me if medical treatment should be needed for my minor Participant. I will bring, or ensure that my minor Participant will bring, any necessary medications on the Outing. • I have read all rules and conditions applicable to the Outing made available to me (including such information as may be posted at xxx.xxxxxxxxxxxxxxx.xxx); and I acknowledge that the leader of the Outing may expel Participant from the Outing if Participant does not follow those rules and conditions or for any other reason he or she believes to be in the best interests of the Outing. I understand that if Participant is expelled from the Outing, he or she will not be escorted beyond the airport closest to the Outing by the Outing leader or any other person. I will be responsible for any expenses involved in my or my minor Participant’s expulsion and travel home. This limitation of responsibilities notwithstanding, I understand that TWP expects to cooperate with me in making appropriate travel arrangements for my minor Participant. • Online and in-person Outings begin and end at the times and/or location(s) designated by TWP. Unless otherwise expressly stated by TWP, the Outing does not include carpooling, transportation, or transit to and from the Outing, and Participants are personally responsible for all risks associated with this travel. This does not apply to transportation provided by TWP during the Outing. • If I or my minor Participant decide to leave early and to not complete the Outing as planned, I assume all risks related to the Participant’s decision to leave and waive all claims of liability against TWP arising from that decision. Likewise, if the leader has concluded the Outing, and I or my minor Participant decides to go forward without the leader, I assume all risks related to Participant’s decision to go forward and waive all liability against TWP arising from that decision. • I have provided medical information to TWP for myself or, if applicable, for my minor child who is a Participant. If any of the medical information provided has changed during the Term of this Agreement, I understand it is my responsibility to ensure that TWP acknowledges in writing such change prior to the Outing. I understand that this medical information may be used at the discretion of TWP to disqualify Participants from taking part in in-person Outing(s). • Except as otherwise provided below, the laws of the State of Texas (not including such laws as might apply the laws of another jurisdiction) shall apply to the interpretation of this agreement and to any dispute between me, or the minor Participant, and a released party. If a complained-of loss occurs in the State of California, or otherwise pertains to an Outing in California, the laws of California shall apply, not including such laws as might apply the laws of another jurisdiction. The venue of any lawsuit arising from such a dispute shall be a court of competent jurisdiction in Xxxxxx County, Texas. This Agreement is intended to be as broad and inclusive as is permitted by law. If any provision or any part of any provision of the Agreement is held to be invalid or legally unenforceable for any reason, the remainder of this Agreement shall not be affected thereby and shall remain valid and fully enforceable. • I give permission for my or my minor Participant’s image, including video and audio, and/or words to be recorded, and to appear on any medium of communication (for example, radio, television, newspapers, Facebook or other online media, brochure or website) as a means of promoting TWP’s program. Further, I authorize TWP to share Participant contact information with other parties with whom TWP has contracted for services to TWP participants. • As part of TWP’s effort to help Participants stay connected, TWP would like to have the option to reach out to Participants, including its minor Participants, by email, texts and telephone to update them on its current and future programs, and to check in with them as they navigate these challenging times. By signing below, a Participant or parent/guardian, for themselves and for a minor Participant, consents to TWP’s contacting my minor Participant by email, texts and phone to engage them in online and in-person programming. • TWP is evaluating its program and wishes to survey each Participant and parent/guardian in order to improve Participants’ program experiences. Participation in the survey is encouraged but not required. By signing below, a Participant or parent/guardian, for themselves and for a minor Participant, consents to participation in the survey and TWP’s use of information provided in the survey, as described above, without compensation and waiving any claims against TWP, or any other person or entity, arising from the use of the information. • In the event a person signing below is reading this document in a language other than English, and a conflict in terms arises, the document in English will control. Name and Age of Participant: (Please Print) (Age) Participant Signature: X Date: Name of Parent or Guardian: (Please Print) Parent or Guardian Signature: X Date:

AGREEMENTS OF RELEASE AND INDEMNITY. FURTHER, IN CONSIDERATION OF THE RIGHT TO PARTICIPATE IN A SKY RANCH ACTIVITY, TO THE MAXIMUM EXTENT ALLOWED BY LAW, PARTICIPANT RELEASES, AND AGREES NOT TO BRING ANY CAUSE OF ACTION AGAINST SKY RANCH, ITS OWNERS, MANAGERS, EMPLOYEES, MEDICAL PERSONNEL, CONTRACTORS OR ANY RELATED PARTIES (THE '“RELEASED PARTIES'”) FOR LIABILITY OR CLAIMS OF ANY NATURE, INCLUDING LOSS OR DAMAGE TO PROPERTY, PERSONAL INJURY, EXPOSURE TO COMMUNICABLE DISEASE, SUCH AS COVID-19, CORONAVIRUS, OR SIMILAR CONTAGION, INJURY OR DEATH, SUFFERED BY PARTICIPANT IN ANY WAY RELATED TO PARTICIPANT'S ’S ENROLLMENT, PARTICIPATION IN, OR TRANSPORTATION RELATED TO A SKY RANCH ACTIVITY. IN ADDITION, PARTICIPANT AGREES TO INDEMNIFY THE RELEASED PARTIES (THAT IS DEFEND THEM, INCLUDING SATISFACTION OF LIABILITIES, COSTS AND ATTORNEY'S ’S FEES) FROM CLAIMS BROUGHT BY PARTICIPANT, MEMBERS OF PARTICIPANT'S ’S FAMILY AND ANY OTHER PERSON ARISING OUT OF PARTICIPANT'S ’S PARTICIPATION IN, OR TRANSPORTATION RELATED TO A SKY RANCH ACTIVITY. THE CLAIMS WHICH ARE THE SUBJECT OF THESE AGREEMENTS OF RELEASE AND INDEMNITY INCLUDE THOSE ARISING FROM THE NEGLIGENCE OF ANY RELEASED PARTIESNEGLIGENCE, EXCEPT BUT NOT WHERE CAUSED BY ANY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT INTENTIONAL TORT, OF THE ANY RELEASED PARTIES. THE ACTIVITIES INTENDED TO BE COVERED BY THIS AGREEMENT OF RELEASE AND INDEMNITY INCLUDE ACTIVITIES ON OR OFF SKY RANCH PREMISES, INCLUDING TRANSPORTATION TO AND FROM SKY RANCH ACTIVITIES AND ON THE SKY RANCH GROUNDS OR ANY PREMISES UTILIZED BY SKY RANCH FOR ANY OF ITS ACTIVITIES.