INFINITY SPORTS PARK and ARGYLE CRICKET CLUB
IMPORTANT — READ CAREFULLY BEFORE SIGNING. THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR LEGAL RIGHTS. BY SIGNING, YOU GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
THIS AGREEMENT EXPRESSLY RELEASES THE RELEASED PARTIES FROM LIABILITY FOR THEIR OWN ORDINARY NEGLIGENCE. THIS RELEASE OF NEGLIGENCE IS A CONSPICUOUS AND INTENTIONAL TERM OF THIS AGREEMENT.
This Liability Waiver, Release, and Assumption of Risk Agreement ("Agreement") is entered into by the person signing below (the "Participant," or if the Participant is under 18, the parent or legal guardian signing on the Participant's behalf) in favor of Infinity Sports Park LLC and Argyle Cricket Club, and their respective owners, members, managers, officers, directors, employees, coaches, instructors, volunteers, agents, sponsors, independent contractors, affiliates, successors, and assigns (collectively, the "Released Parties").
In consideration of being permitted to enter the premises of Infinity Sports Park, located in Denton County, Texas (the "Facility"), and/or to participate in cricket and other sports, practices, matches, tournaments, camps, coaching, events, or any other activities offered at or associated with the Facility or Argyle Cricket Club (collectively, the "Activities"), the Participant agrees as follows.
1. ELIGIBILITY AND ACCURACY OF INFORMATION
The Participant affirms that all information provided in connection with this Agreement — including name, date of birth, contact details, emergency contacts, allergies, and medical information — is true and accurate. The Participant understands the Released Parties rely on this information.
2. TERM AND DURATION (PERPETUAL WAIVER)
This Agreement is a one-time, continuing, and PERPETUAL agreement. Once signed, it remains in full force and effect indefinitely and applies to the Participant's present and all future entries to the Facility and participation in the Activities, without the need to sign again, unless and until it is revoked in writing as provided below. The Participant (or, for a minor, the parent or legal guardian) agrees to keep their contact, emergency-contact, allergy, and medical information current and to notify the Released Parties of any material changes, and understands that the Released Parties rely on the most recent information provided.
Either party may revoke this Agreement as to future participation by delivering written notice to the Released Parties; revocation is effective only upon receipt and only for participation occurring after receipt, and does not affect the release, waiver, and indemnification for any prior presence at the Facility or participation in the Activities. For a minor, this Agreement continues to apply until revoked; when the minor reaches age 18, the Released Parties may require the now-adult Participant to sign a new agreement in their own name.
3. ASSUMPTION OF RISK
The Participant understands and acknowledges that cricket and other sporting and recreational activities are inherently dangerous and carry risks of serious injury, illness, permanent disability, and death, as well as property damage and financial loss. These risks include, but are not limited to, the following:✍
(a) Cricket and sport-specific hazards. Being struck by a hard cricket ball; being struck by a bat, stumps, or other equipment; injuries from bowling, batting, fielding, wicket-keeping, throwing, catching, sliding, diving, sprinting, and sudden changes of direction; and collisions with other participants, officials, spectators, equipment, fencing, boundary ropes, nets, or fixed objects. Such contact may cause bruises, cuts, dental injury, eye injury, broken bones, concussion and other head injuries, spinal injury, internal injury, or death.
(b) Concussion and Head-Injury Acknowledgment. The Participant acknowledges that cricket and other sporting activities carry a risk of concussion and other traumatic brain or head injuries, which can result from being struck by a ball or bat, from collisions, or from falls. The Participant understands that a concussion is a serious injury that may not be immediately apparent, and that continuing to participate after a suspected concussion can lead to worsened injury, prolonged recovery, or, in rare cases, catastrophic or fatal outcomes. The Participant agrees to report any signs or symptoms of a concussion — such as headache, dizziness, confusion, nausea, sensitivity to light, or loss of consciousness — to a coach or staff member promptly, and to remove themselves (or, for a minor, to be removed by the parent/guardian) from play. The Participant acknowledges that the Released Parties may remove any Participant from an Activity if a concussion or head injury is suspected, and that return to play is undertaken at the Participant's own risk. For minors, the parent or legal guardian accepts responsibility for these acknowledgments on the minor's behalf.
(c) Playing surfaces and facilities. Slips, trips, and falls on natural or artificial turf, concrete pitch strips, practice nets, walkways, parking areas, bleachers, and uneven or wet outdoor terrain.
(d) Weather and environmental conditions. Exposure to sun, extreme heat, humidity, cold, dehydration, heat exhaustion, heat stroke, sunburn, lightning, rain, wind, and other sudden or severe weather.
(e) Wildlife, insects, and plants. The Facility is located in a rural North Texas setting. The Participant may encounter snakes, fire ants, bees, wasps, hornets, spiders, scorpions, mosquitoes, ticks, stray or wild animals, and plants such as poison ivy or poison oak. The Participant accepts the risk of bites, stings, envenomation, disease transmission, and allergic reactions, including severe or life-threatening reactions (anaphylaxis).
(f) Medical and physical exertion. Heart attack, stroke, respiratory distress, aggravation of pre-existing conditions, and other medical events arising from physical exertion. The Participant understands that medical personnel may not be present at the Facility and that emergency response times may vary.
(g) Facility conditions and conduct of others. Negligent, reckless, or intentional acts of other participants, spectators, coaches, officials, or third parties; equipment failure or misuse; and general premises hazards.
(h) Spectator Risks. Participants and spectators acknowledge that cricket involves hard balls traveling at high speeds and other objects that may leave the field of play without warning. Spectators voluntarily assume the risk of being struck by balls, bats, or other equipment while present anywhere on the Facility.
(i) Communicable Disease and Bloodborne Pathogens. The Participant acknowledges that participation in sports may involve exposure to blood or other bodily fluids, and that communicable and infectious diseases — including but not limited to COVID-19, influenza, bloodborne pathogens, and other viruses or bacteria — can be present in any public setting where people gather, and that the Facility and Activities cannot guarantee a disease-free environment. The Participant voluntarily assumes the risk of exposure to and infection by communicable diseases arising from participation in the Activities or presence at the Facility and agrees that this Agreement's release and indemnification provisions apply to such risks to the fullest extent permitted by Texas law. The Participant agrees not to enter the Facility while knowingly experiencing symptoms of, or following a known exposure to, a contagious illness, and to follow any health and safety measures the Released Parties may put in place.✍
ASSUMPTION OF RISK. PARTICIPANT VOLUNTARILY AND KNOWINGLY AGREES THAT PARTICIPANT DERIVES A MATERIAL BENEFIT FROM THE FACILITY AND ACTIVITIES TO BE PERFORMED THERE AND/OR PARTICIPANT'S INVOLVEMENT THEREIN. BY EXECUTION OF THIS AGREEMENT, PARTICIPANT AGREES AND ACKNOWLEDGES THAT THE ACTIVITIES MAY INVOLVE STRENUOUS ACTIVITY, WHICH MAY BE POTENTIALLY HAZARDOUS, AND PARTICIPANT HEREBY ASSUMES ALL RISKS ASSOCIATED WITH PARTICIPATING IN THE ACTIVITIES AT THE FACILITY, INCLUDING, WITHOUT LIMITATION, FALLS, CONTACT WITH OTHER PARTICIPANTS, THE EFFECTS OF WEATHER AND THE CONDITION OF SURFACES AS IS DELINEATED ABOVE. FURTHERMORE, PARTICIPANT EXPRESSLY AND UNCONDITIONALLY ASSUMES ALL RISKS AND DANGERS KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, AND RELATING OR INCIDENTAL TO PARTICIPANT'S INVOLVEMENT IN THE ACTIVITIES AT THE FACILITY AND ANY ACTIVITY ASSOCIATED THEREWITH. PARTICIPANT HEREBY RELEASES, FOREVER DISCHARGES AND HOLDS HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, DEATH, BODILY INJURY OR PROPERTY DAMAGE OF ANY KIND OR NATURE (COLLECTIVELY, THE "LOSSES"), ARISING OUT OF OR RELATING TO PARTICIPANT'S INVOLVEMENT IN THE ACTIVITIES AND ALL ACTIVITIES ASSOCIATED THEREWITH, INCLUDING LOSSES CAUSED BY THE NEGLIGENCE, OR ALLEGED NEGLIGENCE, OF THE RELEASED PARTIES.
4. RELEASE AND WAIVER OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY THE LAWS OF THE STATE OF TEXAS, THE PARTICIPANT HEREBY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE THE RELEASED PARTIES FROM AND FOR ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, COSTS, AND EXPENSES OF ANY KIND (INCLUDING ATTORNEYS' FEES) ARISING OUT OF OR RELATED TO ANY LOSS, DAMAGE, INJURY, ILLNESS, DISABILITY, OR DEATH SUSTAINED BY THE PARTICIPANT, WHETHER TO PERSON OR PROPERTY, AND WHETHER ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE, IN CONNECTION WITH THE PARTICIPANT'S PRESENCE AT THE FACILITY OR PARTICIPATION IN THE ACTIVITIES.
This release does NOT apply to gross negligence or to willful, wanton, intentional, or reckless conduct, which are not waived by this Agreement. The Participant understands that this release is intended to be as broad and inclusive as permitted by Texas law.
5. INDEMNIFICATION AND HOLD HARMLESS
The Participant agrees to INDEMNIFY, DEFEND, and HOLD HARMLESS the Released Parties from any and all claims, actions, suits, costs, expenses, damages, and liabilities, including attorneys' fees, brought as a result of the Participant's involvement in the Activities or presence at the Facility, whether caused by the Participant or otherwise, to the fullest extent permitted by Texas law.
6. MEDICAL AUTHORIZATION AND TREATMENT
The Participant authorizes the Released Parties, in the event of injury or illness, to arrange for or administer first aid and to summon emergency medical care. The Participant consents to such care and to transportation to a medical facility if deemed necessary and accepts full financial responsibility for all resulting costs. The Participant confirms that they are physically fit to participate and have disclosed any relevant medical conditions and allergies. The Participant is responsible for carrying any personal medication (such as an epinephrine auto-injector or inhaler) that may be required. The Participant authorizes emergency personnel and healthcare providers to provide treatment deemed reasonably necessary. The Released Parties are under no obligation to provide medical assistance or transportation and shall not be liable for delays in obtaining emergency care.✍
7. MEDIA RELEASE
The Participant grants the Released Parties the irrevocable right to photograph and record the Participant during the Activities and to use such photographs, video, audio, and likeness for promotional, marketing, educational, and commercial purposes, in any medium, without compensation, unless the Participant declines this provision in writing at the time of signing.
8. PRIVACY AND HANDLING OF PERSONAL AND MEDICAL INFORMATION
The Participant acknowledges that this Agreement collects personal information, including date of birth and medical, allergy, and emergency-contact information, and that for minors this information concerns the child. The Released Parties will store this information securely, restrict access to authorized staff who need it for safety, registration, or emergency-response purposes, and will not sell it. Medical and emergency information may be disclosed to medical responders or facility staff as necessary to respond to an injury or emergency. The Released Parties will retain records, including signed waivers, for the period they reasonably deem necessary for legal, insurance, and operational purposes, and will dispose of them securely thereafter. By signing, the Participant (or parent/guardian) consents to this collection, storage, use, and disclosure of information for these purposes.
9. PROPERTY DAMAGE AND PERSONAL BELONGINGS
The Participant assumes full responsibility for their personal property and equipment. The Released Parties are not responsible for any lost, stolen, or damaged property. The Participant agrees to be responsible for any damage they cause to the Facility or its equipment. The Released Parties are not responsible for theft, vandalism, collision, weather-related damage, fire, or any loss involving vehicles or personal property parked or left anywhere on the Facility. Personal equipment left unattended or stored at the Facility is left entirely at the Participant's own risk. The Participant is responsible for ensuring that any personal equipment used is safe, properly maintained, and suitable for participation. Any equipment provided by the Released Parties is accepted "AS IS," without warranty, and the Participant assumes all risks associated with its use.
10. CODE OF CONDUCT
The Participant agrees to follow all Facility rules, posted signs, and the instructions of staff, coaches, and officials; to behave in a safe and sportsmanlike manner; and to refrain from unsafe conduct, harassment, and use of alcohol or illegal substances on the premises. The Released Parties may remove any person from the Facility for conduct deemed unsafe or inappropriate, without refund. Any participant or visitor who appears to be under the influence of alcohol, illegal drugs, or any substance that may impair judgment or safe participation may be denied entry or removed from the Facility without refund.
(a) Supervision. The Participant acknowledges that staff, coaches, officials, or volunteers may not continuously supervise every activity or area of the Facility. Participants are responsible for exercising reasonable care for their own safety and the safety of others at all times.
(b) Weather, Field Conditions, and Facility Closure. Activities may be delayed, suspended, shortened, rescheduled, or canceled because of weather, lightning, excessive heat, unsafe field conditions, maintenance, emergencies, or other circumstances deemed necessary by the Released Parties. The Released Parties shall not be liable for any costs or losses resulting from such decisions.
11. PARENT / GUARDIAN CONSENT (FOR PARTICIPANTS UNDER 18)
If the Participant is under 18 years of age, the parent or legal guardian signing below represents that they have the legal authority to sign on the minor's behalf; consents to the minor's participation in the Activities; and agrees, on behalf of themselves, the minor, and their respective heirs and next of kin, to all terms of this Agreement, including the assumption of risk, concussion acknowledgment, release of liability, and indemnification provisions. The parent or legal guardian further agrees to indemnify and hold harmless the Released Parties from any claims brought by or on behalf of the minor, to the fullest extent permitted by Texas law.
12. GOVERNING LAW AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-laws principles. The Participant agrees that any dispute arising under this Agreement shall be brought exclusively in the state or federal courts located in Denton County, Texas, and consents to the jurisdiction of those courts.✍
13. WAIVER OF JURY TRIAL
TO THE EXTENT PERMITTED BY TEXAS LAW, THE PARTICIPANT KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION ARISING OUT OF THIS AGREEMENT OR PARTICIPATION IN THE ACTIVITIES. THE PARTICIPANT ACKNOWLEDGES THAT THIS WAIVER IS A MATERIAL TERM, THAT IT HAS BEEN SPECIFICALLY CALLED TO THEIR ATTENTION, AND THAT THEY HAVE HAD THE OPPORTUNITY TO CONSULT COUNSEL BEFORE AGREEING TO IT.✍
14. SEVERABILITY
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be severed, and the remaining provisions shall remain in full force and effect.
15. ELECTRONIC SIGNATURE CONSENT
The Participant consents to sign this Agreement electronically and agrees that their electronic signature is the legal equivalent of a handwritten signature and is valid, binding, and enforceable.
16. ACKNOWLEDGMENT
BY SIGNING BELOW, THE PARTICIPANT (OR PARENT/GUARDIAN) ACKNOWLEDGES THAT THEY HAVE READ THIS ENTIRE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS FREELY AND VOLUNTARILY, 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. THE PARTICIPANT FURTHER ACKNOWLEDGES THAT THEY HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS AGREEMENT, ASK QUESTIONS IF DESIRED, AND VOLUNTARILY CHOOSE TO SIGN IT WITHOUT COERCION.
By signing, the Participant certifies that all information provided on all forms is true, accurate, and complete in all respects, and that the name provided is the Participant's full legal name (and, where applicable, the full legal names of the minor and the parent or legal guardian).
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