RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
(“Agreement”)

In consideration of being permitted to be present at, attend, observe, and participate in activities at the facilities of, or provided by, 1000 Hampshire Richardson, LLC d/b/a Crossbar, Crossbar Denton, LLC, DrivenElite, LLC, and/or Crossbar Management Group, LLC (the "Activities") I, for myself, and my personal representatives, assigns and heirs, and on behalf of and as a representative of any organization together with which I am participating in any Activities at or near 1000 Hampshire Lane, Richardson, Texas 75080 or 2686 Old Alton Rd., Denton, Texas 75210 (the “Premises”): 

1. Acknowledge, agree, and represent that I understand the nature of the Activities and that I am qualified, in good health, and in proper physical condition to participate in them. I further agree and warrant that if at any time I believe conditions to be unsafe, or if at any time my health suffers, I will immediately discontinue participation, and leave if appropriate.

2. Authorize 1000 Hampshire Richardson, LLC d/b/a Crossbar, Crossbar Denton, LLC, DrivenElite, LLC, and/or Crossbar Management Group, LLC (“Crossbar”), its respective owners, investors, members, managers, shareholders, agents, directors, officers, volunteers, employees, landowners, subsidiaries, and affiliated companies (collectively, "Releasees") and medical care provider(s) to carry out any emergency medical transport or medical care for me, as may be necessary in their sole discretion, and agree to be fully responsible for any costs associated with such transport and care.

3. Understand that it is my responsibility to comply with all posted and published procedures, including safety and hygiene procedures and protocols intended to lessen the likelihood of the spread of disease among participants and staff. I further understand that it is my responsibility to comply with all laws and other requirements imposed by federal, state, and local authorities.

4. UNDERSTAND THAT THE ACTIVITIES INVOLVE INHERENT AND OTHER RISKS AND DANGERS, including but not limited to falling or loss of balance; striking padded or unpadded surfaces; being injured by equipment; being injured by the actions or inactions of other participants and bystanders; collisions with other participants; falls due to slick or uneven surfaces; equipment failures of any kind; equipment misuse by myself or others; potential exposure to communicable disease (including but not limited to coronavirus/COVID-19, other viruses, bacteria, and all other infectious pathogens and disease vectors); physical injury or illness as a result of physical activity or being on the premises where the Activities take place; and tripping, falling, or catching on the turf field(s), which risks may result in SERIOUS INJURY, ILLNESS, EMOTIONAL DISTRESS, AND DEATH (collectively, "Risks"). I understand that the Risks may be caused or contributed to by my own actions or inactions, the actions or inactions of other participants, bystanders or staff, the conditions and settings in which the Activities take place, or the alleged or actual NEGLIGENCE of the Releasees. I understand that the description and list of Risks in this Agreement is not complete, and that I will encounter Risks not described herein, known and unknown, inherent and otherwise, in connection with the Activities. I represent and warrant that prior to engaging in any activities on the premises, I have thoroughly inspected said premises and am aware of all potentially dangerous conditions which are open and obvious to a reasonable person such that Crossbar owes me no additional duty to make me aware of the risks associated with same.  This includes, but is not limited to, an inspection of the parking lot and exterior areas for uneven surfaces, potholes, cracks, or other conditions which may pose a trip, slip, or fall risk, as well as an inspection of all interior areas for uneven surfaces, loose turf or flooring, unsecured fixtures and equipment, and exposed sharp corners and objects such as fasteners and screws.  With a full understanding of the foregoing, I VOLUNTARILY AGREE TO ASSUME ALL INHERENT AND OTHER RISKS OF INJURY, ILLNESS, EMOTIONAL DISTRESS, AND DEATH AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of, or in connection with, the Activities.

5. RELEASE, DISCHARGE, HOLD HARMLESS, AND AGREE NEVER TO SUE RELEASEES FOR ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ARISING FROM OR RELATED TO ACTIVITIES, INCLUDING INJURY, ILLNESS, EMOTIONAL DISTRESS, OR DEATH CAUSED IN WHOLE OR IN PART BY THE ALLEGED OR ACTUAL NEGLIGENCE OF THE RELEASEES. I further agree that if, despite this Agreement, I or anyone acting on my behalf makes a claim against any of the Releasees, I will DEFEND, INDEMNIFY, AND HOLD HARMLESS each of the Releasees from any attorneys’ fees, losses, liability, damage, or expenses which Releasees may incur as the result of such claim.

6. I agree and acknowledge that Crossbar may host some events which may employ the use of reduced and/or altered theatrical lighting, flashing lights, strobe lights, colors, smoke and other special effects. I recognize that some individuals have an increased sensitivity to such special effects which can induce seizures, migraines or other ailments leading to serious physical or emotional injury. If I am pregnant, have a heart condition or am aware of health concerns relating to my exposure to such special effects, I will not participate in the event. If I am not pregnant, do not have a heart condition or am not aware of any health concerns relating to my exposure to such special effects, I choose to voluntarily participate in the event, solely and exclusively, at my own risk, and that by participating, I waive the right to seek damages for any injuries that occur.

7. I agree to abide by the Rules, Code of Conduct, and directions of Crossbar employees and representatives, whereby I acknowledge that (i) those rules, instructions and directions are intended to promote the safety of both myself and others; (ii) my failure or refusal to abide by those rules, instructions and directions can lead to the immediate revocation of my right to use Crossbar and its’ facilities, without any right to refund of any payments made; and (iii) in the event of sickness, accident or injury, (a) I will immediately report my injury to Crossbar’s staff and under no circumstances will I leave the facility without doing so, (b) I will cease all participation in Crossbar activities at that time of sickness, accident or injury, (c) I authorize Crossbar employees and representatives to obtain and secure, on my behalf, emergency medical treatment and transportation, when deemed appropriate by Crossbar employees and representatives, and (d) I agree to assume, at my expense, all costs of emergency medical care and transportation.

8. I agree to fully and forever waive, release and discharge Crossbar from any and all claims, actions, causes of action, demands, judgments, damages (including compensatory, general, special, consequential, exemplary and punitive), liability or obligations of any nature or kind, whether known at the time I leave Crossbar or which may arise or become known later, which accrue on account of, or in any way arise out of or in connection with: (i) my activities within the premises; (ii) the activities within the premises by others; (iii) the operation of Crossbar regardless of whether such claims are founded in whole or in part upon alleged negligence, or the actual negligence of Crossbar; (iv) my use of any and all Crossbar facilities; and (v) my use of any and all equipment within Crossbar, whether owned by me, Crossbar, or a third party.

9. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in the activities within Crossbar, or if not, I agree to bear the costs of such injury or damage to myself and others.

10. I Authorize Crossbar, and its successors to capture my image, likeness and sounds in photographs, videotapes, recordings or other forms of media (“Images”). I acknowledge that Crossbar will own such Images and I grant permission, without compensation, for Crossbar, or any affiliated party of the Crossbar brand, to copyright, display, publish, distribute, use, modify and print such Images in any lawful manner, including without limitation, in publications, advertisements, brochures, web sites, social media and other electronic displays and transmissions thereof. The foregoing authorization shall not include using my name with any Image, unless I agree otherwise in writing.

11. I understand that this Agreement will apply every time I am on the premises or participate in the Activities. I agree that this Agreement is a contract which will be enforced to the fullest extent allowed by law and will be binding on me, my assignees, subrogors, heirs, assigns, executors, and personal representatives. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be enforceable.

I HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND AND AGREE TO BE BOUND BY ITS TERMS. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE.