LIVE OAK LOUNGE (AUSTIN OAK FAMILY TRUST)
MEMBERSHIP & GUEST LIABILITY WAIVER, ASSUMPTION OF RISK, RELEASE OF LIABILITY, ARBITRATION AGREEMENT, AND HOUSE RULES
PLEASE READ CAREFULLY. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
1. PARTIES AND PROPERTY
This agreement ("Agreement") is entered into between the undersigned participant ("Participant") and the Austin Oak Family Trust, including Joe Comparin in his capacity as Trustee, along with any volunteers, members, agents, hosts, or helpers (collectively, the "Released Parties").
The property commonly known as The Live Oak Lounge (the "Premises") is located on private residential property and homestead owned by the Austin Oak Family Trust.
The Premises is a private gathering place for invited members and guests and is not a public bar, restaurant, or commercial establishment.
2. DEFINITIONS
For purposes of this Agreement, the term "Y'ALL" means the Participant, any guests brought by the Participant, and any person entering the Premises under Participant's invitation, membership, or access.
3. VOLUNTARY ENTRY AND ASSUMPTION OF RISK
Participant acknowledges that entry onto the Premises is voluntary and involves inherent risks.
These risks include, but are not limited to:
Consumption of alcoholic beverages
Slips, trips, and falls on patios, grass, gravel, or uneven ground
Use or presence of grills, smokers, fire pits, cooking equipment, and tools
Outdoor environmental conditions, wildlife, or insects
Conduct of other guests
Participant knowingly and voluntarily assumes all risks associated with entering the Premises and participating in any activities occurring there.
4. RESPONSIBILITY FOR ALCOHOL CONSUMPTION
Participant represents that they are at least twenty-one (21) years of age and legally permitted to consume alcohol under Texas law.
Participant acknowledges and agrees that:
Alcohol consumption is voluntary
Participant is solely responsible for their own consumption and behavior
Participant will not operate a vehicle or equipment while impaired
The Released Parties have no duty to monitor, control, or limit alcohol consumption.
5. RELEASE OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY TEXAS LAW, PARTICIPANT HEREBY RELEASES, WAIVES, AND DISCHARGES THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, OR LIABILITIES ARISING OUT OF OR RELATED TO PARTICIPANT'S PRESENCE ON THE PREMISES.
THIS RELEASE INCLUDES CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES.
This release applies to claims involving:
Personal injury
Death
Property damage
Economic loss
Any other claim arising from Participant's presence on the Premises.
6. INDEMNIFICATION
Participant agrees to indemnify and hold harmless the Released Parties from any claims, damages, losses, or expenses (including attorney's fees) arising from:
Participant's conduct while on the Premises
Claims brought by Participant's guests
Participant's violation of this Agreement.
7. GUEST RESPONSIBILITY
Members who bring guests agree that they are responsible for ensuring their guests review and sign this Agreement before entering the Premises.
Members may be held responsible for damages or claims arising from the actions of their guests.
8. HOUSE RULES AND RIGHT OF REMOVAL
The Trustee reserves the absolute right to refuse entry or remove any person from the Premises for any reason, including but not limited to:
Failure to comply with house rules
Disruptive behavior
Dangerous intoxication
Unsafe conduct
Membership privileges may be suspended or revoked at any time.
9. MANDATORY ARBITRATION
ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR PARTICIPANT'S PRESENCE ON THE PREMISES SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION.
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association or another mutually agreed arbitration provider.
Participant knowingly waives the right to:
File a lawsuit in court
Have a trial by jury
Participate in a class action.
10. VENUE AND GOVERNING LAW
This Agreement shall be governed by and construed under the laws of the State of Texas.
Any arbitration or legal proceeding arising under this Agreement shall take place in Tarrant County, Texas.
11. SEVERABILITY
If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
12. CONSTRUCTION
This Agreement shall be construed as if jointly drafted by all parties. No rule of construction shall apply that interprets any provision against the drafter.
13. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties regarding entry onto the Premises and supersedes any prior oral or written agreements.
14. ACKNOWLEDGMENT
By checking the acknowledgment box and typing my name below, I (the Participant) acknowledge that:
I have read this Agreement in full
I understand its terms
I understand that I am waiving certain legal rights
I voluntarily agree to all provisions
Typing my name constitutes my electronic signature under the federal E-SIGN Act and Texas UETA.