In consideration of me being allowed to use the golf and other facilities at Tanglewood Resort and Golf Texas, Ltd. and Wise Tanglewood Partners, LLC (the “Facility”), subject to all applicable rules and regulations of the Facility, I, the undersigned, intending to be legally bound thereby, agree to the terms and conditions of this Waiver and Release of Liability (the “Release”). I also agree that I am responsible for members of my family who may be under the age of 18 and thereby take responsibility for their actions as well.
WAIVER. I waive and release Facility and all of its agents, employees, independent contractors, equipment suppliers, and members (together, the “Protected Parties”) from any claims or responsibility for injuries or damages to property suffered by me, or my family, in any activities or events made available by or conducted at the Facility, whether caused by negligence or otherwise. I am also aware of the highly contagious nature of the 2019 novel coronavirus disease (COVID-19) et al, (collectively, the “Disease”) and the risk that I may be exposed to or contract the Disease by engaging in sporting or other events, which may result in serious illness, personal injury, disability, death, and/or property damage. I acknowledge that these risks may result form or be compounded by the actions, omissions, or negligence of Facility employees or others, including negligent emergency response or rescue operations of the Facility. I understand that the Facility cannot guarantee that I will not be injured or become infected with the Disease due to our participation in the activities or events and that engaging in such may increase our risk of contracting the Disease. Notwithstanding these risks, I acknowledge that I am voluntarily participating in these activities or events with knowledge of the dangers involved. I hereby agree to accept and assume all risks of injury, illness, disability, death, and/or property damage arising from our engaging in said activities or events, whether caused by the ordinary negligence of the Facility or otherwise.
ASSUMPTION OF RISK AND RELASE OF LIABILITY. I understand that accidents, with fatalities, serious bodily injury and/or property damage can occur during my participation in golf and other activities, or events offered by the Facility, as a result of negligence or otherwise, including without limitation resulting from adverse weather conditions. I understand that risks of swimming in an unguarded swimming pool also include risk of injury resulting from possible malfunction of the pool equipment, tripping or falling over obstacles in the pool area, unsupervised divers or swimmers colliding, impact with the pool bottom or sides or the area around the pool, inexperience or lack of skill in using the pool or related equipment, medical conditions that create or contribute to an inability to safely use the pool or related equipment, misuse of the pool or related equipment, and general safety risk from unsupervised use of the pool during such times there may be few or no other swimmers present. Knowing the risks involved I nevertheless agree to assume those risks and release the Facility and all of the other Protected Parties for any injury death, illness or property damages that may occur in connection with my use of the golf and other facilities at the Facility or made available by the Facility, whether caused by negligence or otherwise.
CERTIFICATION. I certify that I am at least 18 years of age and that I am in good physical condition and can participate in golf and related activities or events. If at any time I believe conditions to be unsafe, I will immediately discontinue further participation for myself in the activity. If an emergency arises, I authorize the Facility’s staff to request and/or administer medical treatment to me, or my family, if and as necessary. I also confirm that I do not have any medical or other conditions that would impair our ability to participate in said activities or events; and am not experiencing symptoms of the Disease and do not have a confirmed or suspected case of the Disease. I will comply with all federal, state, and local laws, orders, directives, and guidelines related to said activities or events and the Disease while participating in said Activities or events. I will also follow all instructions, recommendations, and cautions of the Facility at all times during said activities or events. If at any time we believe conditions to be unsafe, that wea re no longer in proper physical condition to participate in said activities or events, or I begin experiencing symptoms of the Disease, I will immediately discontinue further participation in the Activity.
SCOPE. This Release applies to personal injury, including death, from the incidents or illnesses arising from my presence at the Facility and/or my participation in the Facility’s activities or events including, but not limited to recreational, practice, or competitive activity; events; organized or individual training and conditioning activities or events; tests; classes and instruction; individual use of facilities, equipment, locker room areas, and all premises, or attendance at such activities or events whether or not as a participant, including the associated sidewalks and parking lots, and to any and all claims resulting from the damage to, loss of, or theft of property.
INDEMNIFICATION. I agree to defend and indemnify the Facility and the Protected Parties, that is, defend and pay any costs, including damages awarded, investigation costs, reasonable attorney’s fees, and related expenses from my assertion or prosecution of any claim or claims against the Facility or any of the Protected Parties released by me and my party in this Release or from any claim or claims of any person or entity arising from my willful or intentional injury or damage to any person or property or my violation of any of the rules or restrictions of the Facility.
GENERAL CLAUSES. This Release is the entire agreement of the parties relating to the subject matter of this Release, and it supersedes any and all previous oral and written promises or agreements. This Release cannot be modified or changed in any way by representations or statements by any Protected Party. I understand that this Release is intended to be as broad and inclusive as permitted by the laws of the State of Texas, and if any portion of this Release is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. Exclusive jurisdiction and venue with respect to any legal action relating to this Release shall be in Tarrant County, Texas. This Release shall be governed and interpreted under Texas law without reference to its conflict of laws principles.
ACKNOWLEDGMENT AND UNDERSTANDING. I HAVE READ AND UNDERSTAND THIS RELEASE. I ACKNOWLEDGE AND UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHTS TO SUE FOR DAMAGES IN THE EVENT OF DEATH, INJURY, OR LOSS. I FURTHER ACKNOWLEDGE THAT I AM VOLUNTARILY AGREEING TO THESE TERMS, CONDITIONS, WAIVERS AND RELEASES, AND I INTEND THIS RELEASE TO BE A COMPLETE RELEASE OF ALL LIABILITY, INCLUDING THAT DUE TO ORDINARY NEGLIGENCE BY THE PROTECTED PARTIES, TO THE GREATEST EXTENT ALLOWED BY THE LAWS OF THE STATE OF TEXAS. FINALLY, I TAKE FULL RESPONSIBILITY FOR KNOWING AND ABIDING BY THE RULES AND RESTRICTIONS OF THE FACILITY.
Hospitality Membership for Tanglewood Resorts
Because Grayson County is dry, alcohol can only be served in private clubs. This document is the membership to that private club, and is required for all Members of Tanglewood Resort. But, it does not obligate you to purchase any alcohol for personal consumption.
Members agree to follow all provisions set forth by the Texas Alcoholic Beverage Commission Rules and the Texas Alcoholic Beverage Code. (2) No alcoholic beverages will be brought into or removed from Club premises by members or non-members. (3) All persons served, whether they be members, non-members, temporary members, or guests, must be twenty- one (21) years of age or older. (4) All members shall be responsible for the pro rata costs of all alcohol to be served on the premises. (5) All guests of members must be accompanied by a sponsoring member. (6) All persons entering the premises must be properly attired with the appropriate standards to be at the discretion of the Club Manager. (7) Any member bringing a guest will be responsible for his guest at all times. A guest of a temporary member or preliminary member must leave if the temporary or preliminary member leaves the premises.
I HAVE READ THIS AGREEMENT AND WAIVER AND RELEASE OF LIABILITY, KNOW, UNDERSTAND AND AGREE TO BE BOUND BY ITS CONTENTS.