Archer First Name*

Archer Last Name*

Archer School*

Archer Grade*

Will your archer participate in the group Fun & Games from 1pm-3pm? This RSVP helps us plan and have sufficient materials and prizes for all archers!*

Archer Gender*

RISK AND WAIVER AGREEMENT The Kealing Middle School Archery Booster Club (the “KMS Booster Club”) is a non-profit entity supporting the KMS Archery Team. The KMS Booster Club and the KMS Archery Team believe archery is beneficial for students who participate in it by, among other things, engaging, challenging, and ultimately expanding their physical, mental, and emotional resources. In consideration of participating in or attending KMS archery-related events or activities, I am entering into this Risk and Waiver Agreement (this “Agreement”) with the Booster Club on behalf of myself and my spouse (if any) and student (collectively, my “family”). I have reviewed this Agreement with my family and they have agreed to be bound by it. Accordingly, on behalf of myself and my family, I understand and agree as follows: 1. Representation of Fitness On behalf of myself and my family, I represent and warrant my student is in good physical and mental health and is not suffering from any condition, whether physical or mental, illness, disease, or other disablement that would or potentially could affect my student’s ability to participate in KMS archery-related events or activities in a safe and healthy manner. 2. Assumption of Risk and Waiver The KMS Archery Team is led by archery coaches who have been certified by the National Archery in the Schools Program (“NASP”). NASP-certified archery coaches, including NASP- certified parent coaches, are committed to conducting archery in a safe manner. Nevertheless, despite proper preparation, instruction, and equipment maintenance, archery and related events and activities still present a risk of MINOR TO SEVERE INJURY OR DEATH. On behalf of myself and my family, I acknowledge and agree: A. Participating in or attending archery or any related event or activity carries an inherent risk of minor to severe injury or death; B. Participating in or attending archery or any related event or activity carries a risk of minor to severe injury or death resulting from participants (of varying skill levels), event staff, coaches, volunteers, spectators, the general public, equipment failure, and other foreseeable and unforeseeable causes, including negligence; C. Such risks may result from the acts, omissions, or negligence of others (including but not limited the KMS Booster Club, the KMS Archery Team, the coaches, or the parent coaches), latent or apparent defects or conditions in equipment or premises, first aid or emergency medical treatment, the risks inherent in archery, or other known or unknown risks, whether anticipated or unanticipated; D. If I or my family witness any unsafe condition, behavior, or activity, I or my family will report to a KMS coach, Booster Club representative, or event or other official immediately. E. I, FOR MYSELF, MY SPOUSE (IF ANY), AND MY STUDENT, KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, INCLUDING THE RISK OF MINOR TO SEVERE INJURY OR DEATH ARISING FROM THE NEGLIGENCE OF THE BOOSTER CLUB, THE TEAM, THE COACHES, THE PARENT COACHES, OR OTHERS; F. I, for myself, my family, and the respective heirs, assigns, personal representatives and next of kin of each of us, HEREBY RELEASE Austin ISD, Texas Parks and Wildlife, NASP, the KMS Booster Club, the KMS Archery Team, and the coaches, parent coaches, officers, directors, officials, agents, employees, volunteers, members, and advertisers of any of them, as well as the owners and lessors of real property and personal property used to KMS archery or any related event or activity and their respective representatives (collectively “Releasees”) from any and all CURRENT AND FUTURE claims or demands, whether known or unknown and whether in existence now or arising in the future, which I, my spouse (if any), or student may have or claim to have at any time against any Releasee that is in any way related to any INJURY, DISABILITY, OR DEATH, OTHER LOSS TO PERSON OR PROPERTY resulting from or relating to KMS Archery or participation in or attendance at any event or activity related to or affiliated with KMS Archery, including but not limited to any and all CURRENT AND FUTURE CLAIMS RESULTING FROM THE FORESEEABLE AND UNFORESEEABLE NEGLIGENCE OF ANY RELEASEE. G. I, for myself and my family, hereby agree to indemnify and hold harmless Austin ISD, Texas Parks and Wildlife, NASP, the KMS Booster Club, the KMS Archery Team, the coaches, the parent coaches, and each of the other Releasees from (1) any claim described in Paragraph 2.F. above without regard to enforceability of the release in Paragraph 2.F.; and (2) any claim arising out of or otherwise related to a violation of the terms of this Risk and Waiver Agreement by me, my spouse (if any), or my student. 3. Medical Release On behalf of myself and my family: A. I hereby authorize the KMS Booster Club, the KMS Archery Team, KMS coaches and parent coaches, and AISD personnel to seek and secure medical attention for my student in the event of any accident, injury, illness, or sickness related in any way to archery or any related event or activity; B. I warrant, represent, and guarantee that I will pay and remain ultimately responsible for any medical costs associated with any bodily injury, death, or property damage to me, my family, or anyone else that is in any way related to archery or any related event or activity, whether through personal funds or insurance. 4. Entirety, Modification, and Severability A. This Risk and Waiver Agreement is the entire agreement between me, my family, and the Booster Club regarding the subject matter hereof and supersedes all prior and contemporaneous agreements between us regarding this subject matter. In executing this Risk and Waiver Agreement on behalf of myself and my family, I am not relying on any representations or promises not explicitly contained in this Risk and Waiver Agreement. B. Once I sign this Risk and Waiver Agreement, its terms may not be modified except in a writing signed by me and by the Booster Club’s President. No one other than the Booster Club’s President has the authority to modify this Risk and Waiver Agreement or enter into a new agreement regarding the subject matter of this Agreement. C. If any term or provision of this Risk and Waiver Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the offending term or provision shall be reformed so as to make it enforceable. If the offending term or provision cannot be reformed so as to be rendered enforceable, the offending term or provision shall be severed. All other terms and provisions shall remain valid and enforceable and shall not be adversely affected in any way. 5. Jury Waiver I, on behalf of myself and my family, and the KMS Booster Club each hereby waive a trial by jury for any dispute under, arising from, or in any way related to this Risk and Waiver Agreement or the participation in or attendance at KMS archery or any related event or activity by me, my spouse (if any), or my student. I and my family understand and agree any such dispute will be tried to a judge and not a jury as a result of this provision. 6. Parent or Legal Guardian I represent and warrant I am the parent or the legal guardian of the student named below and have the legal capacity to agree on behalf of such minor. I understand my agreement and the agreement of my spouse (if any) to the terms of this Risk and Waiver Agreement are a condition of my student’s participation in KMS archery and related events and activities and a condition of my and my spouse’s (if any) attendance at any archery-related event or activity. 7. Acknowledgement I HAVE READ THIS AGREEMENT, UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND AGREE INDIVIDUALLY AND ON BEHALF OF MY MINOR CHILD TO BE BOUND BY IT. 8. Acceptance Without Signature (By Attendance or Participation) EVEN IF I DO NOT SIGN THIS AGREEMENT, I UNDERSTAND THAT I AND MY SPOUSE (IF ANY) WILL BE BOUND BY THE TERMS OF THIS RISK AND WAIVER AGREEMENT IF—FOLLOWING AWARENESS OF THE TERMS OF THIS AGREEMENT—MY STUDENT PARTICIPATES IN KMS ARCHERY OR ANY RELATED EVENT OR ACTIVITY OR IF I OR MY SPOUSE (IF ANY) ATTEND ANY KMS ARCHERY-RELATED EVENT OR ACTIVITY. TO CONTINUE WITH REGISTRATION, PLEASE READ AND ENTER YOUR NAME IN THE BOX BELOW.*