ASSUMPTION OF RISK AND RELEASE OF LIABILITY
— READ BEFORE SIGNING —
In consideration of being allowed to use the workshop, tools and equipment located on the Bit O Heaven property (the “Facility”) located at 1051 West Business Hwy. 83, Donna Texas 78537, and owned by Bit O Heaven SPE, LLC (the “Owner”), I, the undersigned individual, freely enter into this Assumption of Risk and Release of Liability Agreement (“Release”) and hereby acknowledge and agree as follows:
1. Assumption of Risk. I understand and acknowledge that use of the Facility is entirely voluntary and involves serious risk, including, without limitation, risk of property damage, bodily injury, permanent disability, and death. These risks may result from the use of the Facility, the acts of others, or the unavailability of emergency medical care or immediate staff response. I knowingly and freely assume all such risks associated with my use of the Facility, both known and unknown, and assume full responsibility for the same. I have had the opportunity to inspect the Facility and accept it as being safe and suitable for the purpose intended. If I observe a hazard during my use of the Facility, I will immediately cease my use of the Facility and bring such hazard to the attention of the Owner. I UNDERSTAND THAT THE OWNER DOES NOT ASSUME RESPONSIBILITY FOR ANY LOSS, INJURY OR DAMAGE TO PERSON OR PROPERTY IN CONNECTION WITH USE OF THE FACILITY.
2. Release. I, FOR MYSELF, MY FAMILY MEMBERS, GUESTS, LEGAL GUARDIANS, HEIRS, PERSONAL REPRESENTATIVES, ADMINISTRATORS AND ASSIGNS (“RELEASORS”), HEREBY RELEASE, DISCHARGE, INDEMNIFY, DEFEND, HOLD HARMLESS, AND COVENANT NOT TO SUE THE OWNER, ITS DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY “RELEASEES”) FROM AND AGAINST ALL CLAIMS, ACTIONS, INJURIES, DAMAGES, LIABILITIES, COSTS, LOSSES AND EXPENSES (INCLUDING ATTORNEY FEES AND COSTS) OF EVERY NATURE AND KIND WHATSOEVER, WHETHER ARISING FROM MY OWN ACTIONS OR NEGLIGENCE, THE NEGLIGENCE OF OTHERS USING THE FACILITY, OR THE NEGLIGENCE OF THE OWNER, RELEASEES, AND/OR ANY OTHER PERSON, WHICH MAY ARISE OUT OF OR RELATE IN ANY WAY TO MY USE OF THE FACILITY, TO THE FULLEST EXTENT PERMITTED BY LAW.
3. Certification of Health and Ability. I understand that the use of tools, machinery and heavy objects are hazardous activities. I further understand that these activities involve risk of injury, aggravation of preexisting conditions, and in the most severe and extreme situations, even death. I certify that I am physically fit and have not been advised by a qualified medical professional that should not use tools of any kind or engage in manual or strenuous activities. I am in good physical and mental health and do not have any physical or mental conditions that could adversely affect my ability to safely use the Facility. I have the requisite skills, qualifications, physical ability and training necessary to properly and safely use the Facility and all tools provided in the Facility. If I have any questions as to what skills, qualifications, physical abilities or training are necessary, I will direct such questions to my physician prior to using the Facility.
4. No Supervision. I acknowledge (i) that the Facility is completely unsupervised and unattended; (ii) that use of the Facility without supervision or an attendant increases the risks associated with using tools, lifting heavy objects, and general carpentry activities, (iii) satisfactory medical care may be significantly delayed or may not be available at all due to the lack of supervision at the Facility, and (iv) the unsupervised nature of the Facility increases the odds of access to the Facility by unauthorized persons.
I also have read and been informed of the following warning and notification: “If you are currently under a physician’s care for an injury, condition or illness, the Owner strongly urges you to consult your physician before using any tools or equipment, or otherwise using the Facility.”
5. Compliance with Policies. I have read and agree to comply with all policies and procedures for the use of the Facility. Including the policy prohibiting non-residents from using or accessing the Facility. I understand that permission to use the Facility may be suspended, revoked or denied by the Owner in its sole and complete discretion.
6. Miscellaneous. I acknowledge that this Assumption of Risk and Release of Liability (“Release”) is governed by the laws of the State of Texas, without giving effect to conflicts of law principles. The releases, waivers and indemnities set forth herein are intended to, and will be, deemed interpreted, construed and enforced as the fullest, broadest and most complete indemnities, releases and waivers permitted by law or in equity. This Release will continue in full force and effect and will not be merged, extinguished or modified except on the express written and executed consent of the undersigned and the Owner.
I HAVE READ THIS ASSUMPTION OF RISK AND RELEASE OF LIABILITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.