Sign the waiver

Waiver and Release of Liability

In consideration of the risk of injury that exists while participating in sports such as volleyball, pickleball, basketball, golf AND SKILL SPECIFIC TRAINING (hereinafter the "Activity"); and

In consideration of my desire to participate in said Activity and being given the right to participate in the same.

I hereby, for myself, my heirs, executors, administrators, assigns, guests, invitee/s or personal representatives (hereinafter collectively, "Releasor," "I" or "me", which terms shall also include Releasor's parents or guardian, siblings if under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and

I hereby release and forever discharge, Shepherd's Ranch Sports Club, located at 140 Kuntz Run, Bulverde, Texas 78163, property owners, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively "Releasees"), from any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned Activity.

I am voluntarily participating in the aforementioned activity and I am participating in the activity entirely at my own risk. I am aware of the risks associated with participating in this activity, which may include, but are not limited to: physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. I understand that these injuries or outcomes may arise from my own or others negligence, conditions related to travel to and from the activity, or from conditions at the activity location(s). Nonetheless, I assume all related risks, both known and unknown to me, of my participation in this activity.

I further acknowledge that:

A. Dangerous natural or man-made conditions may exist or occur on the premises at 140 Kuntz Run, Bulverde, Texas 78163, including streams and water runoff, slopes and cliffs and dropoffs, hazardous driving and walking conditions, uneven terrain, the presence of wild, domestic, poisonous, or diseased animals, and swimming pool without any lifeguard on duty; and

B. Hiking, swimming, golf, basketball, pickleball, volleyball, volleyball practice and skill specific training are inherently dangerous activities involving the risk of physical injury, falling, drowning, pain, suffering, illness, disfigurement, temporary or permanent disability, economic or emotional loss, and death.

I understand these injuries or outcomes may arise from my own or others' negligence, or conditions. I agree to assume all such dangers and risks. I further agree to indemnify, waive, and release Shepherd's Ranch Sports Club and property owners even if the incident giving rise to the claim is caused in whole or in part by the condition of the premises or by the sole or concurrent ordinary negligence of any or all of landlord parties (but not to the extent caused in whole or in part by the gross negligence or willful misconduct of landlord parties).

I further agree to indemnify, defend and hold harmless the releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs. I will indemnify, defend, and hold harmless Shepherd's Ranch Sports Club, property owners, and their agents, employees, invitees, licensees, and visitors against all claims, damages, and costs incurred by or alleged against them and arising out of or in connection with any participant’s agents, employees, contractors, licensees, or visitors while at 140 Kuntz Run, Bulverde, Texas 78163, including any claims based on any:

(a) Injury to or death of any person,

(b) Damage to or loss of property, or

(c) Failure of participant(s) to comply with any applicable laws or rules of Shepherd’s Ranch Sports Club and its property owners.

I further acknowledge that releasees are not responsible for errors or omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of releasees. In the event that I should require medical care or treatment, I authorize Shepherd's Ranch Sports Club to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.

I further acknowledge that this Activity may involve a test of a person's physical and mental limits and may cany with it the potential for death, serious injury, and property loss. I agree not to participate in the Activity unless I am medically able and properly trained, and I agree to abide by the decision of Shepherd's Ranch Sports Club or official or agent, regarding my approval to participate in the Activity.

I hereby acknowledge that I have carefully read this "Waiver and Release" and fully understand that it is a release of liability. I expressly agree to release and discharge Shepherd’s Ranch Sports Club and all of its affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, from any and all claims or causes of action. I also agree to voluntarily give up and waive any right that I otherwise have to bring a legal action against Shepherd's Ranch Sports Club and property owners for personal injury or property damage.

To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of Shepherd's Ranch Sports Club and property owners, its agents, and employees. I agree that this Release shall be governed for all purposes by Texas law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements.In the event that any damage to equipment or facilities occurs as a result of my or my family's or my agent's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.

This waiver and release of liability shall remain in effect for the duration of my participation in the activity, during this initial and all subsequent events of participation.

This agreement was entered into at arm’s length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both Participant, and Shepherd's Ranch Sports Club agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.

In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.

In the event of an emergency, please contact the following person(s) in the order presented: