ASSUMPTION OF RISK AND RELEASE OF
LIABILITY
THE STATE
OF TEXAS §
§
COUNTY OF
HARRIS §
The
Undersigned person (called Grantee herein), intends to
participate in field trips and other activities of the Proctor Museum of Natural Science (PMNS herein) and/or the
Houston Gem & Mineral Society,
including any and all Sections
thereof (HGMS herein), including, but not limited to, field trips,
classes, training, and other activities.
Also covered by this Assumption
of Risk and Release of Liability are the following: all officers,
directors, board members, field trip leaders and general membership of the PMNS, the HGMS and all property owners (whether
individuals or business entities and all officers directors, employees,
servants and all other persons connected therewith) who permit the Grantee to go upon their property for
purposes of seeking and recovering fossils, minerals and other natural science
items. All of the above persons,
organizations and business entities are jointly referred to herein as Grantor (although more than one entity).
In
participating in such activities Grantee
understands, covenants and agrees to the following:
A. Grantee
has not paid any consideration to Grantor
for the privilege of assistance by Grantor
in going on field trips and/or participating in the activities of Grantor (except in classes where there may be a charge for materials and/or the
individual instructor makes a charge--but no charges are made for field trips
nor for going onto property on field trips). Grantor does not
sponsor nor provide field trips, but only provides information, directions and
in some cases members of Grantor may
gratuitously provide expertise to Grantees
to aid the Grantee in identification
of material found on a personal voluntary basis, for the sole benefit of the Grantee.
B. Grantee
ACKNOWLEDGES AND UNDERSTANDS that Grantee,
in making field trips and participating in other GRANTOR activities has been made aware, that Grantee is subject to certain dangers, which may include, but are
not limited to: falls; broken bones; eye
injury; bruises; injuries to other various parts of the body; poisonous plants;
insect bites and stings; snake bites; sun exposure; exposure to pathogens;
illness from things eaten or drunk on the trip; problems with vehicles, motels,
restaurants and other eating places; financial difficulties and/or emergencies;
loss of property; damage to property including vehicles; drowning or other
potentially fatal incidents; and other type of dangers to a person or their
property in making a Field Trip or taking part in some other activities.
1. Grantee
ASSUMES all risks set out in Section
2. above, and others risks which may not be listed, and acknowledges that Grantee is making field trips and
participating in other activities with full knowledge of, and with the ASSUMPTION OF ALL RISKS of things which
could happen to Grantee. Grantee
herenow Agrees to HOLD HARMLESS the Grantor,
the trip leaders, and all fellow members of Grantor and other participants on the field trip or activity (jointly called Grantor Group hereafter), other than for any intentional harm
or injury to the Grantee or gross
negligence. Grantee agrees to indemnify the Grantor Group and/or any of the just named persons or entities, for
any sums which the Grantor Group or
persons involved with the Grantor Group
have to pay or expend, including any damage award and/or costs of defense,
including attorney's fees and costs of suit, arising because of a claim or
legal action by the Grantee and/or
some other person making a claim and/or bringing a legal action in behalf of or
for the benefit or subrogated right of the Grantee,
or of themselves, or for any bills incurred by Grantee for any loss purportedly occasioned by Grantee, in the Grantee's
participation in a field trip or other activity. Grantee is solely
responsible for undertaking all protection of the Grantee and Grantee's
property against such risks, as the Grantee
may deem reasonable and necessary.
C. Grantee
agrees not to violate the laws of any State or of the United States on any
field trip or other activity, including, but not limited to, agreeing not to
collect material on private property without the consent of the owner and not
to collect on any governmental land those things which may not be collected
without the consent or license by such governmental entity, including obeying
any limitation on quantities which may be collected. Grantee herenow RELEASES,
now and forever, Grantor from every
known or unknown thing which may or might happen on such field trips or any
portion thereof, or other activity, from any type of liability or damages.
Grantee agrees not to use
alcoholic beverages on trips; to use caution in use of fire where permitted;
and to protect the environment and other people's property and person, in all
ways, from any action or omission by Grantee. Grantee
understands that being allowed to go on private property is a courtesy and
benefit extended to the Group,
including the Grantee, and that part
of the consideration extended to property owners is the protection that none of
the Group, including the Grantee will take any legal action
against the property owner. Grantee ratifies, accepts and agrees to
this condition in going on private property.
D. Grantee
is a paid member of Grantor or a
visitor who is a guest of some member of Grantor
and who has voluntarily participated in such field trip or activity, as set out
above, and agreed to assume all risks and agreed to all other terms hereof.
I, the Grantee, have read the foregoing Assumption Of Risk And Release Of Liability,
understood it, and agreed to the terms thereof.
Date: _______________________________, 2002
Signature-----------> _____________________________________________________
Printed name-------->
Address: ____________________________________________________________________
City, State, Zip
_______________________________________________________________
Phone(s): (
) _____________________ Cell (
) ________________________________
email: ________________________________ Website:
______________________________
Comments: