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Fire Ant Agreement

TEXAS IMPORTED FIRE ANT RESEARCH
AND MANAGEMENT PROJECT
COVENANT NOT TO SUE AND AGREEMENT TO HOLD HARMLESS

     In consideration for receiving assistance from the Texas Imported Fire Ant Research and Management Project of the Texas Agricultural Extension Service, a component member of The Texas A&M University System, I _________________________(land owner/home owner's association/lessee) hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE, AND AGREE TO HOLD HARMLESS for any and all purposes Texas A&M University, The Texas A&M University System, the Board of Regents for The Texas A&M University System, the Texas Agricultural Extension Service, the Rolling Ridge Neighborhood Association and their officers, servants, agents, volunteers, or employees (herein referred to as "RELEASEES") from any and all liabilities, claims, demands, or injury, including death, that may be sustained by me, my family, agents, representatives, or employees or to any personal or real property belonging to me WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES or otherwise while participating in the Texas Imported Fire Ant Research and Management Project and activities associated with the project, or while in, or upon the premises where the activity associated with the project is being conducted.  This shall include common areas of commonly held or owned properties, privately owned homes and properties and leased properties.

     Releasors/Participants are fully aware that there are inherent risks involved when one or more persons, including the Releasees, enter onto their property without prior knowledge of any inherent risks or dangers found thereon.  Releasors/Participants hereby elect to voluntarily participate in the Texas Imported Fire Ant Research and Management Project and to allow all Releasees to enter onto the Releasors/Participants property(s) and engage in such activity knowing that the activity may be hazardous to the Releasors/Participants as well as the Releasees and that real and personal property damages may be sustained.  Releasors/Participants VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained during the presence of Releasees on the Releasors/Participants property or while involved with the research and management project, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES OR OTHERWISE.  Releasors/Participants further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASEES from any loss, liability, damage or costs, including court costs and attorney's fees, that may occur.

     IN SIGNING THIS COVENANT NOT TO SUE AND AGREEMENT TO HOLD HARMLESS, RELEASORS/PARTICIPANTS ACKNOWLEDGE AND REPRESENT THAT they have read the foregoing Covenant Not to Sue and Agreement to Hold Harmless, understand it and sign it voluntarily as their own free act and deed; no oral representations, statements, or inducements apart from the foregoing agreement that has been reduced to writing have been made.  Releasors/Participants execute this document for full, adequate and complete consideration fully intending to be bound by the same now and in the future.

     IN WITNESS WHEREOF, I/We have hereunto set my/our hand this __ day of ___________, 1999.

                                                                                                                                              RELEASOR/PARTICIPANT

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