Veterans Support Commission
Off-Road Outdoor Adventure Program
Participant Release of Liability, Assumption of Risk, and Indemnity Agreement
PLEASE READ CAREFULLY BEFORE SIGNING. THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS.
This Release of Liability, Assumption of Risk, and Indemnity Agreement (“Agreement”) is entered into by the undersigned participant (“Participant”) in consideration for being permitted to participate in the Veterans Support Commission (“VSC”) Off-Road Outdoor Adventure Program and all related activities.
1. Voluntary Participation
I understand that my participation in the Off-Road Outdoor Adventure Program is completely voluntary. I acknowledge that off-road driving, riding, trail exploration, outdoor recreation, and related activities involve inherent and unavoidable risks that may result in property damage, serious bodily injury, permanent disability, illness, emotional distress, or death.
2. Assumption of Risk
I knowingly and voluntarily assume all risks associated with participation, whether known or unknown, foreseeable or unforeseeable, including but not limited to:
- Vehicle collisions or rollovers
- Loss of vehicle control
- Mechanical failure
- Uneven terrain
- Rocks, mud, water crossings, steep inclines, and obstacles
- Falling trees or branches
- Wildlife encounters
- Weather-related hazards
- Fire
- Medical emergencies
- Acts or omissions of other participants
- Any other hazards associated with outdoor recreation
I acknowledge that these risks cannot be completely eliminated.
3. Release of Liability
To the fullest extent permitted by Texas law, I hereby release, waive, discharge, and covenant not to sue the Veterans Support Commission, its officers, directors, commissioners, volunteers, employees, event coordinators, sponsors, property owners, trail guides, instructors, agents, contractors, affiliates, successors, and assigns from any and all claims, demands, causes of action, damages, losses, costs, attorney’s fees, expenses, or liabilities arising out of or related to my participation in the program, including claims resulting from bodily injury, illness, disability, property damage, or death, regardless of whether such claims are alleged to arise from ordinary negligence.
This release does not apply to conduct that cannot legally be waived under Texas law, including gross negligence, reckless conduct, or intentional misconduct.
4. Medical Treatment
I understand that emergency medical services may not be immediately available.
I authorize emergency medical treatment if deemed necessary and accept full responsibility for all medical expenses incurred.
5. Physical Condition
I certify that I am physically and mentally capable of participating in these activities.
I understand it is my responsibility to determine whether I am fit to participate and to consult a physician if necessary.
6. Vehicle Responsibility
If I operate or ride in any vehicle, I understand that I am solely responsible for ensuring that:
- The vehicle is properly maintained.
- It is legally registered and insured.
- Safety equipment is functional.
- I possess any licenses required by law.
The Veterans Support Commission does not inspect, certify, or guarantee the safety of any participant-owned vehicle.
7. Compliance with Rules
I agree to follow all instructions provided by event staff, trail leaders, and volunteers.
Failure to follow safety rules may result in immediate removal from the event without refund.
8. Alcohol and Drugs
Participants may not operate any vehicle while impaired by alcohol, illegal drugs, or any substance that affects safe operation.
The Veterans Support Commission reserves the right to remove any participant believed to be impaired.
9. Property Damage
I accept full responsibility for any damage to my own vehicle, equipment, or personal property.
I also accept responsibility for damage I cause to another person’s property through my actions.
10. Indemnification
I agree to defend, indemnify, and hold harmless the Veterans Support Commission and its officers, volunteers, sponsors, landowners, agents, and representatives from any claims, damages, liabilities, costs, or attorney’s fees arising from my participation or from my actions during the event, to the extent permitted by law.
11. Photography and Media
I grant permission for the Veterans Support Commission to photograph or record me during the event and to use such images or recordings for promotional, educational, fundraising, or informational purposes without compensation.
12. Severability
If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.
13. Governing Law
This Agreement shall be governed by the laws of the State of Texas.
14. Acknowledgment
By signing below, I acknowledge that:
- I have carefully read this Agreement.
- I understand its contents.
- I understand that I am giving up certain legal rights.
- I sign this Agreement voluntarily and without coercion.
- I understand that this Agreement is intended to be as broad and inclusive as permitted by Texas law.