Official Rules and Guidelines
WAIVER & RELEASE OF LIABILITY
IN CONSIDERATION of my receipt and acceptance of certain promotional prizes from The Woodlands Convention and Visitors Bureau d/b/a Visit The Woodlands (“VTW”) under its Summer Travel Promotions Program (the “Promotion”), I/We, as recipient(s), or if participant(s) is a minor/are minors, as parent and guardian of the minor participant(s) (herein collectively referred to as “I/We”), on behalf of myself and of my personal representatives, assigns, heirs, and next of kin:
1. ACKNOWLEDGE, agree, and represent that I/We understand the nature of the Promotion, and that I/We am/are qualified, in good health, and in proper physical condition to accept and utilize the Promtion and willingly agree to comply with the stated and customary terms and conditions of use. I/We acknowledge and agree that I/We may be interacting with the public and public venues, and there are inherent risks associated with the Promotion. I/We further agree and warrant that if at any time I/We believe or reasonably should believe conditions to be unsafe for me/us, I/We will immediately discontinue further use of the Promotion.
2. FULLY UNDERSTAND that: (a) the PROMOTION MAY INVOLVE RISKS AND DANGERS OF SERIOUS BODILY HARM, INCLUDING DEATH, AS WELL AS PSYCHOLOGICAL STRESS, BOTH TO MYSELF/OURSELVES ("RISKS"); (b) these Risks and dangers may be caused by my/our own actions or inactions, the actions or inactions of others, and/or the conditions in which the Promotion takes place; (c) there may be OTHER RISKS AND SOCIAL AND ECONOMIC LOSSES either not known to me/us or not readily foreseeable at this time; and I/We FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I/We incur as a result of my/our acceptance and use of the Promotion.
3. HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE ALL PERSONS, AGENCIES, PARTIES, OR ORGANIZATIONS ASSOCIATED WITH VTW AND THE WOODLANDS TOWNSHIP, AND EACH OF THEIR RESPECTIVE DIRECTORS, AGENTS, OFFICERS, MEMBERS, VOLUNTEERS, AND EMPLOYEES, AS WELL AS ANY SPONSORS AND ADVERTISERS, ALONG WITH ANY OF THEIR AFFILIATES, AGENTS, REPRESENTATIVES, ASSIGNS, SUCCESSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, AND EMPLOYEES, AND ANY AFFILIATES OR SUBSIDIARIES OF SUCH ENTITIES, ANY SUCCESSORS AND ASSIGNS OF SUCH ENTITIES, AND ANY OFFICERS, DIRECTORS, SHAREHOLDERS, AND/OR EMPLOYEES OR ASSOCIATES OF SUCH ENTITIES (EACH CONSIDERED ONE OF THE "RELEASED PARTIES" HEREIN) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, INJURIES, DAMAGE TO PROPERTY, OR OTHER DAMAGES ON MY/OUR ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE; AND I/WE FURTHER AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES OR CAUSES OF ACTION (WHETHER BROUGHT BY MYSELF, MY PERSONAL REPRESENTATIVES, AND/OR HEIRS), INCLUDING, BUT NOT LIMITED TO, THOSE ASSOCIATED WITH LITIGATION EXPENSES, ATTORNEY’S FEES, LOSS, LIABILITY, DAMAGE, OR COSTS, WHICH MAY BE INCURRED AS A RESULT OF ANY CLAIM ARISING OUT OF MY/OUR ACCEPTANCE AND USE OF THE PROMOTION.
I/WE HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I/WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE, AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW, AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
FOR PARENT OR GUARDIAN OF PARTICIPANT(S) UNDER THE AGE OF 18
I AFFIRM AND ACKNOWLEDGE THAT I, AS PARENT/GUARDIAN WITH LEGAL RESPONSIBILITY FOR THE MINOR PARTICIPANT(S), DO CONSENT AND AGREE TO HIS/HER RELEASE AS PROVIDED BY THE WAIVER AND RELEASE HEREIN.