Release of Liability
Read Carefully – This Affects Your Legal Rights
In exchange for participation in the activity of Music Rehearsal and Live Entertainment organized by Noiseland Inc., of 2439 State Hwy 71, Del Valle, Texas, 78617 and/or use of the property, facilities, and services of Noiseland Inc., I agree for myself and (if applicable) for the members of my band, group, or ensemble to the following:
1. Agreement To Follow Directions. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Noiseland Inc., or the employees, representatives, or agents of Noiseland Inc..
2. Assumption of the Risks and Release. I recognize that there are certain inherent risks associated with the above-described activity and I assume full responsibility for personal injury to myself and (if applicable) my group members, and further release and discharge Noiseland Inc. for injury, loss, or damage arising out of my or my group’s use of or presence upon the facilities of Noiseland Inc., whether caused by the fault of myself, my group, Noiseland Inc. or other third parties.
3. Indemnification. I agree to indemnify and defend Noiseland Inc. against all claims, causes of action, damages, judgments, costs, or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my group’s use of or presence upon the facilities of Noiseland Inc..
4. Fees. I agree to pay for all damages to the facilities of Noiseland Inc. caused by any negligent, reckless, or willful actions by me or my group.
5. Applicable Law. Any legal or equitable claim that may arise from participation in the above shall be resolved under Texas law.
6. No Duress. I agree and acknowledge that I am under no pressure or duress to sign this agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this agreement if I so desire. I further agree and acknowledge that Noiseland Inc. has offered to refund any fees I have paid to use its facilities if I choose not to sign this agreement.
7. Arm’s Length Agreement. This agreement and each of its terms are the product of an arm’s length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this agreement or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
8. Enforceability. The invalidity or unenforceability of any provision of this agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this agreement or of any other applications of such provision, as the case may be. Such invalid or unenforceable provision shall be deemed not to be a part of this agreement.
9. Drugs and Alcohol. All illegal drugs and alcoholic beverages (beer, cider, seltzer, wine, liquor, etc.) are prohibited from Noiseland Rehearsal Rooms. Noiseland Inc., and the employees, representatives, or agents of Noiseland Inc., are not responsible for any actions that may result from unauthorized drug or alcohol use on it’s premise.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY AGREEING TO THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.
