From time to time, chapters and affiliates of The
Ex-Students' Association of the University of Texas (“Texas Exes”) may
volunteer or participate in non-profit, charitable and other third-party events
and activities (collectively, the “Activities”).
I understand that Texas Exes urges all volunteers and
participants to act in such a manner as to protect their safety and the safety
of others. I understand and agree that I am, and all other persons who
volunteer or participate in an Activity are, doing so solely at our own risk
and fully understand the responsibility as a volunteer or participant in an
Activity to act in a safe, responsible and prudent manner.
For and in consideration of my volunteering or
participation in an Activity, I hereby release and discharge Texas Exes and
their respective officers, agents and employees (individually, a "Released
Party" and collectively, the "Released Parties") from
any and all liability, actions, demands, expenses, attorneys fees, breach of
any statutory duty, or other duty of care, warranty, strict liability actions,
causes of action and any other claim whatsoever (collectively “Claims”),
that I may now have or may acquire in the future, arising out of or related to
any loss, damage, or injury, including death, that may be sustained by me, or
to any property belonging to me, while traveling to or from, or volunteering or
participating in an Activity. The foregoing release and discharge shall not
apply to a particular Released Party to the extent that any Claim resulted from
the gross negligence of that Released Party.
I further hereby agree to indemnify and hold harmless
Texas Exes, and their respective officers, agents and employees (individually,
an "Indemnitee" and collectively, the "Indemnitees")
from any loss, liability, law suit, damage or cost, including court costs and
attorneys' fees, arising from or in connection with my volunteering or
participation in an Activity. The foregoing indemnification and hold harmless
agreement shall not apply to a particular Indemnitee to the extent that the
loss, liability, law suit, damage or cost resulted from the gross negligence of
that Indemnitee.
Governing Law and Arbitration: This Assumption of
Risk, Release and Indemnification shall be governed by the laws of Texas
without regard to its principles of conflicts of law, and venue for any court
proceeding shall be in the Federal and state courts that include Austin, Texas.
TO THE EXTENT NOT PROHIBITED BY LAW, I WAIVE ANY RIGHT TO A JURY TRIAL THAT I
MIGHT HAVE.
I expressly agree that this Assumption of Risk, Release
and Indemnification, cannot be altered in any way, and is intended to be as
broad and inclusive as is permitted by Texas law, and that if any portion of
this Assumption of Risk, Release and Indemnification, is held invalid, I agree that
the balance shall, notwithstanding, continue in full legal force and effect.
This Assumption of Risk, Release and Indemnification
shall be binding on me, my successors, representatives, heirs, executors,
assigns, and transferees.