Liability and Indemnity Agreement

General Membership Policies

The deadline for application, committee drops and additions will be November 1st, the year preceding the Star of Texas Fair and Rodeo (STFR). Members must designate one primary committee; this shall be the committee that distributes the credentials. Late applications will not be guaranteed all privileges, i.e. badges and car passes. Applicants must be 21 years of age by November 1st of the year preceding STFR; except for Drover applicants for which there is no age limit. Membership is granted only to individuals, except for the Founders level which is open to corporations. Memberships may not be transferred or assigned. Term of annual membership is (June 1 – May 31). Renewal of Drover and Wrangler memberships will be due annually. Life member (Ranger) memberships are payable in one installment of $500. Life member (Ranger) dues of $500 can be used to upgrade to a new Founders membership. Parking in designated lots is limited and not guaranteed. We recommend that members arrive early to obtain preferred parking. Overflow parking will be directed to general public lots.

If accepted as a member of the Star of Texas Fair and Rodeo (STFR), I agree to abide by all rules and policies of the STFR as outlined in the Volunteer Membership Application, and Committee Member Handbook as it now exists or as it may be revised by the STFR. A copy of the Volunteer Membership Application and Committee Member Handbook have been made available via www.RodeoAustin.com or my Committee Chair. Should I violate any such rules or policies, I agree to indemnify and hold the STFR harmless against any claims that are made against the STFR arising out of my violation.

It is the Policy of the Star of Texas Fair and Rodeo for all STFR personnel to avoid conflicts of interest and potential conflicts of interest in all dealings involving STFR. Towards that end, the Board of Directors of STFR hereby adopts the following Policies and Procedures. At no time will any volunteer be permitted to carry a firearm on the Star of Texas fairgrounds or at any event hosted by the Star of Texas Fair & Rodeo. It is against STFR policy for any volunteer to act with inappropriate behavior, including but not limited to, stealing, harassment of any kind, and public intoxication. STFR reserves the right to deny and/or revoke any membership. STFR reserves the right to administer a background check on any volunteer.

Release of Liability and Indemnity Agreement

In consideration for being allowed entry into and participate in activities (the “Activities”) associated with the Star of Texas Fair and Rodeo, Inc. and the Star of Texas Fair and Rodeo (collectively, “STFR”), the receipt and sufficiency of which is hereby acknowledged, the undersigned, on behalf of the “Participant” named below, hereby enters into this RELEASE OF LIABILITY AND INDEMNITY AGREEMENT (this “Agreement”) as of the date set forth below.

1. ACKNOWLEDGEMENT OF RISKS: The undersigned, on behalf of Participant, recognizes and understands that there are risks associated with participant in the Activities including, but not limited to, bodily injury or death to persons and damage to property. The undersigned further acknowledges and understands that Participant will be held liable and responsible for any and all damages to persons, livestock, vehicles, property and/or improvements to property that is caused by Participant and/or any persons (including, but not limited to minors) under Participant’s care and control, and that arise our of, or are related to, the Participant’s entry into and participation in the Activities.
2. APPLICABILITY AND SCOPE OF RELEASE AND INDEMNITIES: For purpose of this agreement, claims shall mean any past, present and future claims, losses, costs, expenses, liabilities, demands, or causes of action, and costs of defense or settlement (including, without limitation, attorneys fees and court costs). For purpose of this Agreement, the term Released Parties shall mean the Star of Texas Fair and Rodeo, Inc., the City of Austin, Texas, Travis County, Texas and their respective present and former officers, directors, members, council members, commissioners, subsidiaries, affiliates, employees staff, volunteers, agents and any other person, firm corporation or entity bound to defend or pay judgments against them, including but not limited to any insurance carrier.
3. RELEASE FROM LIABILITY: The undersigned, on behalf of Participant, hereby RELEASES, ACQUITS AND FOREVER DISCHARGES, and WAIVES any and all Claims against any of the Released Parties arising from the negligent, grossly negligent, and/or intentional acts or omissions of the Participant in connection with the Participant’s entry into and participation in the Activities and agrees not to sue any of the Released Parties for such Claims.
4. AGREEMENT TO INDEMNIFY AND HOLD HARMLESS: THE UNDERSIGNED, ON BEHALF OF PARTICIPANT, AGREES TO INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES AGAINST ANY AND ALL CLAIMS ARISING FROM OR RELATED TO ANY ACCIDENT, OCCURRENCE, OR EVENT CAUSED IN WHOLE OR IN PART BY OR ARISING OUT OF ANY NEGLIGENT, GROSSLY NEGLIGENT, AND/OR INTENTIONAL ACTS OR OMISSIONS OF THE PARTICIPANT IN CONNECTION WITH THE PARTICIPANT’S ENTRY INTO AND PARTICIPATION IN THE ACTIVITIES.
5. PHOTOGRAPH/INTERVIEW RELEASE AND INDEMNITY AGREEMENT: The undersigned, on behalf of Participant, GRANTS PERMISSION to be PHOTOGRAPHED, VIDEOED or INTERVIEWED in connection with the Activities. The undersigned understands that any such photograph, video or interview may be used by the Released Parties or television, film, video, visual, graphic or printed media. The undersigned, on behalf of Participant, agrees to RELEASE and INDEMNIFY the Released Parties with respect to any Claims related to the usage of such photographs or interviews by the Released Parties or any media including, but not limited to, the types of Claims enumerated in Paragraph 2.
6. REPRESENTATIONS and ACKNOWLEDGEMENTS: As further inducement to the STFR to permit the Participant’s entry into and participation in the Activities, the undersigned certifies that Participant has never been convicted or received deferred adjudication as a sex offender or any crime related to abuse, assault or violence toward a child. Participant further authorizes the STFR to review any sex offender registries under Participant’s name. Participant agrees that if Participant is charged with such a crime, that Participant will immediately advise and notify the STFR. As further inducement to STFR to permit the Participant’s entry into and participation in the Activities, the undersigned, on behalf of Participant, represents that Participant thoroughly and completely understands that this is a complete and final release and indemnity agreement, the Participant is freely and voluntarily entering into this Agreement, and that no representations, promises or statements made by any of the Released Parties, or any agent, attorney or other representative of any of the Released Parties has influenced the undersigned in causing the undersigned to sign this Agreement. The undersigned further acknowledges on behalf of Participant that Participant is voluntarily participating in the Activities and that Participant is participating with full knowledge of the inherent risk, hazards and dangers involved. As such, the undersigned, on behalf of the Participant, hereby assumes and accepts any and all risks of injury or death associated with entering in and participating in the Activities.
7. MISCELLANEOUS PROVISIONS: The undersigned understands that this Agreement shall be binding on Participant’s heirs, executors, successors and assigns that the Agreement will be governed by the laws of Texas, and that jurisdiction and venue for resolution of any dispute regarding this Agreement shall lie in State District Courts in Travis County, Texas. If any part of this Agreement is determined to be invalid or unenforceable, it does not affect the validity of the remainder of this Agreement.
8. PROVISIONS APPLICABLE IF VOLUNTEER MEMBER IS A MINOR: If participant is a minor, such minor’s undersigned Parent/Guardian hereby represents and warrants that he/she is the PARENT/LEGAL GUARDIAN of the Participant, and that he/she has the full power, authority, capacity and right, without limitation, to enter into, execute, deliver and perform this Release of Liability/Indemnity Agreement.

Founder Membership Policies & Procedures

1. Types of Memberships

   Individual – Available to any natural person.

   Corporate – Available to any corporation, limited liability company, limited partnership, limited liability limited partnership, professional corporation, professional partnership, general partnerships and other entities organized under the Texas Business Organization Code or comparable statute of another state.

2. Transferability of Memberships

   Individual – Non-transferable, except by one spouse to another upon divorce or death of the member spouse. If the individual who is the named member dies or divorces, the membership may be transferred to the named member’s ex-spouse as part of the deceased Member’s probate or the divorce. In that case, the ex-spouse becomes the member and the former named member ceases to be a member. Upon the death of a married member, his or her surviving spouse may become a member for the remainder of such surviving spouse’s life.

   Except as provided above, an individual member may not transfer, assign or bequeath his or her membership, i.e., it cannot be sold, given or left at death to the member’s children or anyone other than the member’s spouse.

   The Club reserves the right to require written proof satisfactory to the Club of any transfer of an Individual Membership upon death or divorce of an Individual Member.

   An Individual Membership may be converted to a Corporate Membership by making an additional payment equal to the difference between the initiation fees for Corporate and Individual Memberships.

   Corporate – A Corporate Membership is the property of the entity named as the Corporate Member. The membership may not be sold except as part of a sale of all or substantially all of the Corporate Member’s assets. If transferred to an Individual, a Corporate Membership will become an Individual Membership, subject to the rules stated above for Individual Memberships.

   If all or substantially all of a Corporate Member’s assets are sold to a single buyer or the Corporate Member dissolves, merges, or consolidates, the membership shall vest in whatever other entity or individual becomes the owner of such assets or becomes the successor of the Corporate Member.

   The Club reserves the right to require written proof satisfactory to the Club of any transfer of a Corporate Membership.

3. Initiation Fees Effective June 1, 2009
   • Individual Membership - $5,000.00
   • Corporate Membership - $10,000.00
   • Initiation fees may be paid in five (5) equal installments beginning on the date that the application for membership is submitted, and annually thereafter on or before November 1st, the year preceding the Star of Texas Fair and Rodeo. No applicant who has failed to pay any installment for an Initiation Fee will be issued any renewal Membership Cards or entry passes for admission to the Club during the STFR. Members who are paying Initiation Fees in installments will receive the Notification described in Paragraph 5(d) below and to remain in good standing must pay the installment by the date designated in such Notification. Any Member who fails to pay any installment within ninety (90) days of the due date shall forfeit all Club privileges.
4. Membership Privileges
   • Each Member will be allowed Club privileges in accordance with these rules.
   • Each Individual and each Corporate Member is allowed one (1) vote for each matter submitted to a vote of the membership.
   • The Executive Committee of the Star of Texas Fair and Rodeo (“STFR") has the right to establish and modify from time to time the rules of operation and decorum for the Founder’s Club. A Member’s privileges may be suspended or revoked for violations of such rules.
   • The Executive Committee of STFR reserves the right to establish and modify these Rules from time to time.
5. Membership Credentials

   Members in good standing are entitled to Founder’s Club Membership Cards evidencing their right to Founder’s Club privileges. Cards shall be valid for one (1) year and will be distributed and redistributed annually in accordance with the following rules. Each natural person holding a current Membership Card is herein referred to as a “Card Holder.”

   • Individual Members.
     • Each Individual Member shall be entitled to one (1) card issued in the Member’s name, and one (1) card issued in the name of the Member’s Spouse, or in the name of the Member’s Dependent Child. A Dependent Child is a natural or adopted child of the Member who is between the ages of thirteen (13) and twentyone (21) and resides with the Member.
     • Each Individual Member who is unmarried, but has a Dependent Child may have one (1) card issued in the Member’s name, and one (1) card issued in the name of the Dependent Child.
     • No Individual Member is entitled to have a membership card issued to anyone other than the Member, the Member’s Spouse or the Member’s Dependent Child.
     • There shall be no more than two (2) Card Holders at any given time holding cards under any single Individual Membership.
   • Corporate Members

     Each Corporate Member shall be entitled to designate persons to become Card Holders in accordance with the following rules:

     • Prior to June 1, 2009, some Corporate Memberships were sold for a minimum initiation fee of $5,000.000. Any Corporate Member who has paid a membership initiation fee of $5,000.00 shall be entitled to designate two (2) Card Holders.
     • Starting in June 1, 2009, a Corporate Membership will require a minimum fee of $10,000.00 for which the member shall be entitled to designate four (4) cardholders. For each additional $2,500.00 in membership initiation fees paid by a Corporate Member, such Member shall be entitled to designate one (1) additional Card Holder; provided, however, that no Corporate Member may designate more than six (6) Card Holders. A Corporate Member may increase the number of Card Holders that it is entitled to designate, up to a limit of six (6), by paying additional membership fees in increments of $2,500.00 for each additional Card Holder that such Corporate Member desires to designate.
   • No Card Holder is authorized to loan, give, or otherwise entrust such Card Holder’s card to anyone else. Violation of such rule may result in forfeiture of all Club privileges for such Card Holder.
   • All Members shall be sent a Card Holder Renewal Notification (the “Notification”) each year in advance of the Star of Texas Fair and Rodeo.

     If the Member does not desire to make any changes in the persons who then currently are Card Holders under such Member’s Membership, the Member need not return the Notification. The Club’s staff will reissue membership cards to the same Card Holders, so long as the Member’s Membership status remains in good standing with the Club.

     If the Member desires to change the identity of any Card Holder previously designated by such Member, the Member must return the Notification to the Club staff by the date indicated in the Notification.

   • Each Card Holder is responsible for his or her own conduct and that of such Card Holder’s guests at all times while exercising Club privileges. The privileges of any Card Holder may be suspended or revoked at any time for violation of Club rules.
6. Card Holder’s Founder’s Club Admissions Passes During the STFR

   For admission to the Founder’s Club during the STFR, each Card Holder will be issued one (1) book of passes containing four (4) guest passes for each day the Founder’s Club is open. SUBJECT TO Rule 7 below, each pass shall entitle one (1) person to admission into the Founder’s Club on the day for which such pass is issued. The Card Holder may utilize Founder’s Club Membership Card and/or one (1) of the guest passes for himself or herself if he or she wants to enter the Club. Each pass entitles the holder to admission to the Founder’s Club, but not the Main Arena. For admission to the Main Arena, each person must have an official STFR Xtreme Bulls or ProRodeo ticket.

7. Limitation of Number of Club Occupants

   At all times while the Club is in operation, Club management reserves the right to restrict admission to the Club in order to maintain compliance with Fire Code or other regulations governing the Travis County Exposition Center.

8. Founders Signage in the Main Arena: Effective November 20, 2009

   Due to the Star of Texas Fair and Rodeo agreement limitations with the Travis County Expo Center there will be no signage designating Founders seats in the Main Arena.

Acceptance of STFR Rules, Regulations and Policies

If accepted as a member of the Star of Texas Fair and Rodeo (STFR), I agree to abide by all rules and policies of the STFR as outlined in the Committee Member Handbook, as it now exists, or as it may be revised by the STFR. A copy of the Committee Member Handbook has been made available via www.RodeoAustin.com or my committee chair. Should I violate any such rules or policies, I agree to indemnify and hold the STFR harmless against any claims that are made against the STFR arising out of my violation.