This HOUSTON MAHARASHTRA MANDAL PARTICIPANT WAIVER (“Agreement&quot”) is executed as of 01/01/2025 by the member and his/her family in favor of HOUSTON MAHARASHTRA MANDAL, a non-profit corporation organized and existing under the laws of the State of Texas, and its trustees, directors, officers, employees, volunteers, and agents (collectively, the “Organization” or “MANDAL”).

I desire to volunteer for the Organization and engage in activities related to being its volunteer (the “Activities”). I understand that the Activities may include, but are not limited to participation in events, festivals, community programs, meetings, activities organized by the Organization or where the Organization is participating, or interacting with people, using tools, social media, or lifting objects (hereafter collectively referred to as “ACTIVITIES”). I also understand that as a volunteer I will receive no compensation or remuneration for my services and will not be eligible for any employee benefits. I acknowledge that I am not an employee.

In exchange for being allowed to participate in the ACTIVITIES as a volunteer and for other good and valuable consideration, the receipt and sufficiency of which I acknowledge, I hereby freely, voluntarily, and without duress execute this Agreement and agree to the following terms:

For the right to participate in any of the ACTIVITIES at the Mandal premises defined as all of the buildings, any and all structures, grounds, and parking lots at and around the location of 3535 Highway 90 Alt, Rosenberg, Texas 77471, or any other location where ACTIVITIES are conducted on behalf MANDAL(hereafter referred to as “PREMISES”), provided at and by the MANDAL and/or its Representatives, on behalf of myself, my spouse, legal partner, children, wards, heirs, assigns, personal representative and estate, if any (“hereafter referred to as My People”) hereby acknowledge, agree and represent that: (a) immediately upon entering or participating I will inspect and carefully consider the PREMISES; (b) that entry into the PREMISES for observation or use of any facilities or equipment or participation in ACTIVITIES constitutes and acknowledgement that the PREMISES and all facilities and equipment thereon have been inspected and carefully considered by me and that My People and I find and accept same as being safe and reasonably suited for the purpose of such observation, use or participation by My People and me; (c) that My People and I are in good health and physical condition to participate in the ACTIVITIES that MANDAL and its Representatives provide; (d) that during the ACTIVITIES neither I nor My People will be under the influence of alcohol or any illicit or prescription drugs that would in any way impair my/our ability to safely participate in ACTIVITIES; (e) that we have not been advised against any ACTIVITIES by a health professional; (f) that we are under no obligation to participate in any ACTIVITIES against our will; (g) that we will only participate in ACTIVITIES for which we have sufficient skill to avoid injury; (h) that it is my sole responsibility to determine whether
we are sufficiently fit and healthy enough to participate in ACTIVITIES; (i) that we are familiar with and will abide by the rules established for the ACTIVITIES, which include without limitation the rules posted at the PREMISES or the related website; and (j) that we accept sole responsibly for our conduct and actions, as well as the conduct and actions of each other while participating in the ACTIVITIES, and the condition and adequacy of the MANDAL, its PREMISES and facilities.

By signing this document entitled HOUSTON MAHARASHTRA MANDAL PARTICIPANT WAIVER, you are giving up your and/or your spouse’s and minor child(ren)/ward(s)’s legal rights
including the right to bring a lawsuit in court and/or have a claim decided by a jury.

By signing this agreement, I am giving up my rights and the rights of my spouse and/or children to sue and/or in any way bring a claim against Houston Maharashtra Mandal (hereafter referred to as “MANDAL”) for any injury, including paralysis or death, caused whole or in part by the negligence or fault of MANDAL, including any of its agents, owners, directors, officers, members, committee and division members, volunteers, employees, suppliers, participants, clients, customers, affiliates, invitees, independent contractors, insurers, facility operators, land and/or premises owners and any and all other persons and entities acting in any capacity on its behalf (hereafter referred to as “Representatives”).

I acknowledge that I and/or my spouse have full authority as parent or legal guardian to bind us and the minor participant(s) to this AGREEMENT. On behalf of myself and My People, I (a) further acknowledge that we are voluntarily participating in the ACTIVITIES, which I agree can be dangerous and entail both known and unknown inherent risks, including the risk of injury, permanent disability, or even death, deriving from, but not limited to equipment malfunctions, building malfunctions, lack of supervision and/or trained personnel, lack of other safety measures; slipping; falling; landing; or colliding with fixed objects or other people, as well as the negligence and/or omissions committed by me, my spouse, and/or my child(ren)/ward(s), the MANDAL and/or its Representatives, and/or any other person while on the PREMISES; (b) voluntarily assume all such risks for me and My People.

Despite all known and unknown risks including but not limited to serious bodily injury, permanent disability, paralysis and loss of life that may be sustained while on the PREMISES, on behalf of myself and My People I hereby expressly, unconditionally and voluntarily, release, waive, relinquish, acquit, satisfy and forever discharge and agree not to sue or bring any claim in any way against the MANDAL and/or its Representatives, and agree to hold said parties harmless of and from any and all manner of actions or omission(s), causes of actions, suits, sums of money, controversies, claims, damages, judgments, executions, and demands whatsoever in law or in equity, including but not limited to any and all claims which allege negligent acts and/or omissions, committed by MANDAL and/or its Representatives, while in, on or about the PREMISES and/or while participating in or as a result of participating in any of the ACTIVITIES in, on, or about the PREMISES and/or while using any items purchased or supplied in, on, or about the PREMISES, whether the action arises out of any damage, loss,
personal injury, emotional injury, or death to me or My People. This release of liability is effective and valid regardless of whether the damage, loss or death is a result of any act or omission on the part of MANDAL and/or its Representatives.

I understand that the known and unknown risks may be causes in whole or in part by the actions or inactions of myself or My People, or by the actions or inactions of others participating in activities, or the acts, inaction or any type of negligence of MANDAL and/or its Representatives, and in consideration of being allowed, along with My People to enter onto and into the PREMISES for observation or use of any facilities or equipment or participation in ACTIVITES, I hereby assume all risk of damage, loss, personal injury, death to myself and My People while in or about the PREMISES and/or while participating in or as a result of participating in any of the ACTIVITIES in, on or about the PREMISES and/or while using any items purchased or supplied in, on, or about the PREMISES, including any such loss due to the sole or partial negligence of the Mandal and/or its Representatives, and agree to indemnify and hold harmless the MANDAL and/or its Representatives from and against any and all losses, liabilities, claims, obligations, costs, damages, and/or expenses whatsoever paid, incurred and/or suffered by MANDAL and/or its Representatives as a result of any claims asserted be me or My People against MANDAL and/or its Representatives, including but not limited to any and all attorney’s fees, costs, damages, and/or judgements against MANDAL and/or its Representatives incurs in the event of such loss whether caused by the negligence of MANDAL and/or its Representatives, and that on behalf of myself, my spouse, and my minor child(ren)/ward(s) I further agree to indemnify and hold harmless MANDAL and/or its Representatives for any injury, damage and/or harm that I or my people cause to MANDAL and/or its Representatives, its PREMISES, or to any other persons and/or entities acting in any capacity on behalf of MANDAL and/or its Representatives.

I and My People (1) are willing to maintain and practice social distancing between individual while at the PREMISES as and when needed; (2) exhibit no symptoms of Covid-19; (3) have not tested positive for Covid-19 in the past 14 days; (3) do not live with and have not visited a person who has tested positive for Covid-19 in the past 14 days. I accept that I may contract Covid-19 or any other disease while at the PREMISES, and hold MANDAL and/or its Representatives harmless for any and all damages arising from such.

I, on behalf of myself and My People, agree that Mandal and/or its Representatives are not liable to us or to our guests for any personal property that is damaged, lost or stolen while on or about the PREMISES, including but not limited to, vehicle(s), its contents, or any property in, on, or about the PREMISES, whether or not MANDAL and/or its Representatives were negligent.

To the extent permitted by law, I promise to indemnify and pay MANDAL and/or its Representatives for any attorney’s fees and/or costs incurred to enforce the Mediation and Arbitration portion of this AGREEMENT, including all costs associated with any collection efforts.

By entering the area in, on or about the PREMISES, on behalf of myself and My People I hereby grant to MANDAL and/or its Representatives the irrevocable right and permission to photograph and/or record us on the PREMISES and to use the photographs and/or recordings for all purposes, including without limitation advertising and promotional purposes and other commercial purposes, in any manner and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. I on behalf of myself and My People, waive any right to inspect or approve the use of the photograph and/or recording, and acknowledge and agree that the rights granted by this release are without compensation of any kind.

I understand that this AGREEMENT extends forever into the future and will have full force and legal effect each and every time I or My People visit the PREMISES, whether at the current location or any other MANDAL location or facility. I agree that this AGREEMENT is intended to be as broad and inclusive as is permitted by the laws of the State of Texas and that if any portion thereof is held invalid, it is agreed that the balance shall notwithstanding, continue in full force and effect.

I hereby give consent and authority to the Organization to obtain medical treatment on my behalf if I am injured or require medical attention during my participation in the Activities. I understand and agree that I am solely responsible for all costs related to such medical treatment, medical transportation, and/or evacuation. I hereby release, forever discharge, and hold harmless the Organization from any claim whatsoever in connection with such treatment or other medical services.

If a dispute arises out of or relates to this AGREEMENT, and/or MANDAL and/or
Representatives and/or any ACTIVITIES and/or an incident that occurs while in, on or about the PREMISES, and/or using any items purchased or supplied in or about the PREMISES, as well as the installation, design, construction and condition of the PREMISES by MANDAL and/or its Representatives, involving a single claimant or claimants who are related or asserting claims arising from a single incident and if the dispute cannot be settled through direct negotiations and unless the parties agree on a different manner to resolve the dispute, the parties agree first to try in good faith to settle the dispute by mediation before resorting to binding arbitration with the rules as set out by the American Arbitration Association (“AAA”). The arbitration shall be governed by the rules of the AAA and the law of the State of Texas

The parties agree to mediation and arbitration as set out above of any and all claims, disputes and grievances not otherwise excepted herein arising out of or relating to this AGREEMENT, the participation in any ACTIVITIES, and/or while in, on or about the PREMISES, and/or while using any items purchased or supplied in, on, or about the premises, as well as the installation, design, construction and condition of the PREMISES by MANDAL and/or its Representatives. The scope of this AGREEMENT is intended to be as broad as possible under applicable law, and shall include all types of negligence, tort, contract, statutory and administrative actions. The parties further agree to submit to mediation, and if unsuccessful in mediation, than to arbitration, all substantive and procedural law, including all issues of enforceability, interpretation, breadth, scope and meaning of this AGREEMENT. In the event mediation or arbitration do not completely resolve all claims, it is agreed that the sole and exclusive venue for any lawsuit filed against MANDAL and/or its Representatives shall be in Harris County, Texas. It is further agreed that the substantive laws of the State of Texas shall apply without regard to any conflict of laws rules. The mediation or arbitration decision or award may be entered into in any state or federal court having jurisdiction.

I hereby agree that this Agreement represents the full understanding between the Organization and me and supersedes all other prior agreements, understandings, representations, and warranties, both written and oral, between us, with respect to the subject matter hereof. If any term or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction/ or in Arbitration, as applicable, that term or provision shall be deemed modified so as to be valid and enforceable to the full extent permitted. The invalidity of any such term or provision shall not otherwise affect the validity or enforceability of the remaining terms and provisions. This Agreement is binding on and inures to the benefit of the Organization and me and our respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. Section headings are for convenience of reference only and shall not define, modify, expand, or limit any of the terms of this Agreement.

By signing this document, whether in written or electronic format, I understand that I may be found by a court of law to have forever waived, for me and My People, the right to maintain any action in court or to be decided by a jury against MANDAL and/or its Representatives on the basis of any claim from which I have released MANDAL and/or its Representatives and any other related party herein and that I have assumed all risk of damage, loss, personal injury or death to myself and/or My People and agreed to indemnify and hold harmless MANDAL and/or its Representatives from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by MANDAL and/or its Representatives as a result of the participation in ACTIVITIES in or about the PREMISES by myself or My People, and/or claims asserted by Myself or My People against MANDAL and/or its Representatives related to such participation in ACTIVITIES. I have had a reasonable and sufficient opportunity to read and understand this entire document and consult with legal counsel or have voluntarily waived my right to do so. I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein.

You must have reached the age of majority in the State of Texas to sign your own waiver. You MUST be the Parent or Legal Guardian to sign for a minor. 

BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE ORGANIZATION.