TOTAL ARCHERY CHALLENGE WAIVER
ALL PARTICIPANTS/SPECTATORS MUST READ AND SIGN.
Natural Bridge Caverns & Total Archery Challenge
WAIVER AND RELEASE AGREEMENT
By registering for the Event, the undersigned acknowledges that they have read and agree to all of the following terms and conditions prior to the attendee being allowed to participate and/or spectate in the Event.
By completing registration for the Natural Bridge Caverns Total Archery Challenge (the "Event"), the undersigned represents that the attendee desires to participate in the Event activities, which include but are not limited to archery and related shooting activities; spectating; hiking, walking, and traversing natural terrain; observing and/or interacting with, wildlife and/or
livestock; nature study and outdoor recreation; picnicking and resting; and any other activities customarily associated with or incidental to attendance at an outdoor archery event at the property located at 26495 Natural Bridge Caverns Road, San Antonio, Texas 78266 (the “Property”). The term “Related Parties” as used in this agreement covers and includes
Releasees (defined below) as well as Releasees’ organizers, hosts, operators, facilitators, landlords, officers, managers, members, agents, representatives, employees, contractors, successors, assigns, invitees, licensees, related entities, and affiliate entities. This Waiver and Release Agreement is made for good and valuable consideration, including but not limited to,
Releasees’ permission to allow the attendee to visit the Property and permission to participate in Event activities. This agreement shall be effective immediately upon execution and applies to any and all visits by the attendee to the Property occurring on or after the date of execution. The undersigned hereby acknowledges and agrees to each of the following terms:
Outdoor archery events involve inherent risks, dangers and hazards. In addition, the Event is a test of a person's physical and mental limits and thus has additional risks which could lead to injury, property loss, or death. These risks, dangers, and hazards exist at all times and at any place in and around the competition course or facility. These risks threaten not only the
competitors/participants but also all spectators and workers. These risks, which may result in injury to persons and/or damage to property, include, without limitation, the use of archery equipment, projectiles, and other lethal implements for sport; encounters with other trail users, competitors, or spectators, ; hazardous driving or walking conditions; streams or rivers with
currents and water that may be deep or subject to flooding; weather conditions (including high heat, freezing temperatures, heavy rain, lightning, tornadoes, hail, and high winds carrying dangerous debris); erosion, rocks, soil, holes, gullies, ravines, steep inclines, rock slides, rock falls, and other rough, loose, dislodged, or uneven terrain; venomous, poisonous, or diseased
insects, plants, and animals that may sting or bite; rotten, diseased, or drought-stricken trees or limbs that may fall without warning; the presence and use of bicycles and all-terrain/other motorized vehicles, whether or not registered for public road use; equipment failure; the negligence of others or attendee’s own; injuries or health problems resulting from strenuous
activity or excitement; and delays in medical attention due to the rural location and distance to emergency medical facilities, which may increase the likelihood of death or permanent injury from accidents or mishaps. By completing registration for the Event, the undersigned is acknowledging these risks and that the attendee’s activities as a participant or spectator could
result in physical or emotional injury, death, or damage to the attendee, their property, or to third parties and expressly assumes these and all other risks associated with the Event.
By completing registration for the Event, the undersigned acknowledges and agrees to the following: (a) the undersigned represents that the attendee has no history of illness or injury that may hinder my ability to participate or spectate at the Event; (b) the undersigned agrees that the attendee will abide by all the rules of the Event and authorizes Releasee and/or Related Parties to direct the attendee’s removal from the Property if it is determined that they are not conducting themselves in a safe and responsible manner; (c) the undersigned agrees that before commencement of the competition, the undersigned will inspect the course, facilities, and equipment and if the undersigned believes any to be unsafe, the undersigned will advise a person supervising the Event; (d) the undersigned grants permission for the use of attendee’s name and/or likeness relating to the Event for purposes of publicity or advertising and waive all right to any compensation or claims from the use of my name and/or likeness; (e) the undersigned agrees that the attendee’s entry fee is non-refundable under all circumstances; and (f) the
undersigned agrees that they will be solely financially responsible for any medical treatment and/or necessary emergency evacuation from the Event that may become necessary.
The undersigned agrees that they are personally responsible for the attendee’s safety and actions while participating at the Event. The undersigned agrees to comply with all TAC policies and rules, including but not limited to all TAC policies, guidelines, signage, and instructions.
Because TAC is open for use by other individuals, the undersigned recognizes that there is a higher risk of contracting COVID-19.
By completing registration for the Event, the undersigned represents that they have read and understand the foregoing warnings, and in spite of the risks, dangers and hazards related to the Event, the attendee nevertheless chooses to still either be a participant or spectator of the Event.
BY DOING SO, THE UNDERSIGNED EXPRESSLY AND VOLUNTARILY ASSUMES ALL RISKS AND RESPONSIBILITY FOR AND RELEASES ALL OF THE ORGANIZERS, LAND OWNERS, HOSTS, OPERATORS AND FACILITATORS OF THE
EVENT, INCLUDING WITHOUT LIMITATION, TOTAL ARCHERY CHALLENGE LLC, NATURAL BRIDGE CAVERNS, INC., WUEST MILLENNIUM PARTNERS, LTD., WUEST LEGACY PARTNERS, LTD., AND WUEST CAPITAL MANAGEMENT, LLC (collectively, the "RELEASEES") AND RELATED PARTIES FROM ALL CLAIMS OR LIABILITIES, NOW KNOWN OR HEREAFTER KNOWN FROM ALL PERSONAL INJURY, DEATH, PROPERTY DAMAGE, CLAIMS, DEMANDS, OR CAUSES OF ACTION, ARISING FROM OR RELATED TO, DIRECTLY OR INDIRECTLY, THE ATTENDEE’S PARTICIPATION IN
OR BEING A SPECTATOR AT THE NATURAL BRIDGE CAVERNS ARCHERY CHALLENGE EVENT. THE UNDERSIGNED ACKNOWLEDGES THAT ANY INJURIES SUSTAINED MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS,
OMISSIONS, OR NEGLIGENCE OF RELEASEES OR RELATED PARTIES, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF RELEASEES OR RELATED PARTIES. THE RELEASE IN THIS PARAGRAPH WILL APPLY EVEN IF THE DAMAGE OR LOSS IS CAUSED, IN WHOLE OR IN PART, BY THE CONDITION OF THE PREMISES, ATTENDEE’S PARTICIPATION IN THE EVENT ACTIVITIES, OR BY THE ORDINARY NEGLIGENCE, GROSS NEGLIGENCE, OR STRICT LIABILITY OF RELEASEES AND/OR RELATED PARTIES. THE UNDERSIGNED COVENANTS NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST RELEASEES OR RELATED PARTIES, AND FOREVER RELEASES AND DISCHARGES RELEASEES AND RELATED PARTIES FROM LIABILITY UNDER SUCH CLAIMS. THIS WAIVER AND RELEASE DOES NOT EXTEND TO CLAIMS OR ANY OTHER LIABILITIES THAT TEXAS LAW DOES NOT
PERMIT TO BE RELEASED BY AGREEMENT.
THE UNDERSIGNED WILL INDEMNIFY, DEFEND, AND HOLD RELEASEES AND RELATED PARTIES HARMLESS AGAINST ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING ATTORNEY FEES, FEES, THE COSTS OF ENFORCING ANY RIGHT TO INDEMNIFICATION UNDER THIS RELEASE, AND THE COST OF PURSUING ANY INSURANCE PROVIDERS, INCURRED BY OR ALLEGED AGAINST RELEASEES AND/OR RELATED PARTIES AND ARISING FROM OR RELATING TO ANY OF THE EVENT ACTIVITIES, ACT, OR OMISSION OF ATTENDEE OR ANY OF ATTENDEE’S AGENTS WHILE AT THE PREMISES, INCLUDING ANY CLAIMS BASED ON ANY (a)
INJURY, DISABILITY, OR DEATH OF ANY PERSON, (b) DAMAGE TO OR LOSS OF PROPERTY, (c) FAILURE TO COMPLY WITH ANY APPLICABLE LAWS, OR (d) ORDINARY NEGLIGENCE, GROSS NEGLIGENCE, OR STRICT LIABILITY.
To the extent that the undersigned is acting as a parent or legal guardian on behalf of a minor who will be an attendee at the Event, by completing registration for the Event, said parent or legal guardian binds themselves, the minor and their executors, administrators, heir, next of kin, successors and assigns to the terms of the foregoing provisions of this Waiver and Release
Agreement, represents that he or she has the legal capacity and authority to act for and on behalf of the minor attendee, and agrees to indemnify and hold harmless the Releasees for any claims made of liabilities assessed against them as a result of any insufficiency of his or her legal capacity or authority to act for and on the behalf of the minor in the acceptance of the terms of this Waiver and Release Agreement.
To the extent that the undersigned is acting as a parent or legal guardian on behalf of a minor who will be a attendee at the Event, by completing registration for the Event, said parent or legal guardian ACKNOWLEDGES AND AGREES THAT ALL ATTENDEES UNDER SIXTEEN (16) YEARS OF AGE MUST BE ACCOMPANIED BY AN ADULT AT ALL TIMES WHILE ON THE COURSE, AND HE OR SHE WILL BE RESPONSIBLE FOR CAUSING SUCH REQUIRED ACCOMPANIMENT, IF APPLICABLE.
To the extent that a the undersigned is acting as a parent or legal guardian on behalf of a minor who will be a attendee at the Event, by completing registration for the Event, said parent or legal guardian authorizes any licensed physician, emergency medical technician, hospital or other medical or health care facility to perform all procedures, including the administration of
anesthesia, deemed medically advisable in attempting to treat or relieve any injuries received by the minor attendee arising out of the Event, and assume all risks of complications or consequences from such medical treatments.
By signing below the undersigned acknowledges and represents that the undersigned has read the foregoing Waiver and Release Agreement, understands it and signs it voluntarily as their own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in this document; the undersigned is sufficiently informed about the risks involved in participating in TAC, to decide whether to sign this document; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; the undersigned is at least eighteen (18) years of age and fully competent; and the undersigned executes this document for full, adequate, and complete consideration fully
intending to be bound by the same. The undersigned agrees that this Wavier and Release Agreement shall be governed by and construed in accordance with State law, and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Wavier and Release Agreement as a whole. This waiver remains in effect until the State lists all COVID-19 related mandates.
TOTAL ARCHERY CHALLENGE WAIVER
ALL PARTICIPANTS/SPECTATORS MUST READ AND SIGN.
PLEASE READ CAREFULLY BEFORE SIGNING THE ACKNOWLEDGMENT, WAIVER AND RELEASE FROM LIABILITY.
The undersigned acknowledges that TOTAL ARCHERY CHALLENGE “TAC” is a test of a person's physical and mental limits and it carries with it potential for death, serious injury and property loss. THE UNDERSIGNED HEREBY ASSUMES THE RISKS OF ATTENDEE PARTICIPATING IN TAC AND ITS EVENTS.
The undersigned certifies that the attendee is physically fit, has sufficiently trained for participation in this event, and has not been told by anyone that they shouldn't participate.
The undersigned hereby takes the following action for themselves/attendee, heirs, next of kin, successors and assigns, or anyone else who might claim or sue on their behalf, and expressly acknowledges that it is their intent to take these actions:
(a) THE UNDERSIGNED AGREES that attendee will abide by the competitive rules adopted by TAC;
(b) THE UNDERSIGNED AGREES that if they believe any of the course, facilities, equipment, and areas to be used to be unsafe they will advise the person supervising the event, activity, facility, or area;
(c) THE UNDERSIGNED WAIVES AND RELEASES ALL RIGHTS TO, AND DISCHARGE FROM, ANY AND ALL CLAIMS, LOSSES, OR LIABILITIES FOR DEATH, PERSONAL INJURY, PARTIAL OR PERMANENT DISABILITY, PROPERTY DAMAGE, MEDICAL OR HOSPITAL BILLS, THEFT OR DAMAGES OF ANY KIND, INCLUDING ECONOMIC LOSSES AND LOSS AND/OR STOLEN ITEMS, WHICH ARISE OUT OF OR RELATE TO ATTENDEE’S PARTICIPATION IN, OR MY TRAVELING TO AND FROM THE EVENT, THE FOLLOWING PERSONS OR ENTITIES:
Releases and/or Related Parties, TAC sponsors, all states, cities, counties, or localities in which events or segments of events are held, even if such claims, losses, or liabilities are caused by the negligent acts of any other person or entity;
THE UNDERSIGNED ASSUMES THE RISKS OF ATTENDEE PARTICIPATING IN THIS EVENT. THE UNDERSIGNED ALSO ASSUMES ANY AND ALL OTHER RISKS associated with attendee participating in this event, all such risks being known and appreciated by them, and further acknowledges that these risks include risks that may be the negligence of the persons or
entities mentioned above in paragraph (c) or other persons or entities. The undersigned acknowledges that weather, terrain, wildlife, and other natural conditions may pose risks to attendee, and voluntarily assumes all such risks. The undersigned acknowledges that by participating in a large event with many people, the attendee is at risk of contracting an illness
including, but not limited to, COVID-19, and assumes this risk.
(d) THE UNDERSIGNED AGREES NOT TO SUE ANY OF THE PERSONS OR ENTITIES MENTIONED ABOVE IN PARAGRAPH (c) for any of the claims, losses, or liabilities that the undersigned has waived, released or discharged herein;
(e) THE UNDERSIGNED AGREES TO INDEMNIFY AND HOLD HARMLESS THE PERSONS AND ENTITIES MENTIONED IN PARAGRAPH (c) for any and all claims made or liabilities assessed against them as a result of:
(i) attendee’s actions or inactions,
(ii) the actions or inactions of others, up to and including negligence, with particular emphasis on those parties under section (c) above,
(iii) the conditions of the facilities, equipment, or areas where the event is being conducted,
(iv) the Competitive Rules, or
(v) any other harm caused by an occurrence related to this TAC event.
(f) THE UNDERSIGNED GRANTS PERMISSION for the use of attendees name and/or likeness relating to participation in TAC event, and waives all right to any future compensation to which may otherwise be entitled as a result of the use of my likeness. THE UNDERSIGNED UNDERSTANDS that this usage may include attendee’s likeness being used online, in social
media, in TAC advertising, and other additional uses
(g) THE UNDERSIGNED AUTHORIZES event personnel to secure emergency medical treatment on attendee’s behalf if deemed necessary and the undersigned is unable to consent to said medical treatment, and the undersigned assumes all financial responsibility for such treatment.
(h) THE UNDERSIGNED UNDERSTANDS and accepts that the entry fee is non-refundable under any circumstance.
If any provision of this waiver is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
THE UNDERSIGNED HEREBY AFFIRMS THAT THEY ARE EIGHTEEN (18) YEARS OF AGE OR OLDER. THE UNDERSIGNED HAS READ THIS DOCUMENT AND UNDERSTAND ITS CONTENTS.
FOR PERSONS UNDER EIGHTEEN (18) YEARS OF AGE A PARENT OR LEGAL GUARDIAN MUST SIGN THE ABOVE RELEASE AND COMPLETE THE FOLLOWING SECTION.
