Negligent omission

Did YOU and your family Tube the Trinity at the Rockin the River event on the Trinity River? 

Did you find it odd you had to sign the following to do so? 

Notice 'the District' isn't responsible for their own negligence or omission.  WHO is?

Good thing someone tested the water.

Event Name: ROCKIN’ THE RIVER SUMMER TUBING & MUSIC SERIES
Event Date: THURSDAY, AUGUST 25, 2011
RELEASE AND INDEMNIFICATION

In consideration of Tarrant Regional Water District, a Water Control and Improvement District (“the District”) granting me, and/or minor persons in the company or under the control of the undersigned (collectively, the “Undersigned”), access to property owned,  operated, leased, used or controlled by the District (the “District Property”), the Undersigned hereby releases, relinquishes, and discharges and agrees to indemnify and hold harmless the District, and the District’s officers, directors, agents, contractors, contracting parties, and employees, including, if applicable, Streams & Valleys, Inc. and the City of Fort Worth, and their respective officers, directors, contractors, contracting parties, agents and employees (collectively, the “District Parties”), of and from any and all claims,  demands, liabilities, suits, causes of action, obligations, damages, injuries, losses, penalties, costs, charges, and expenses (including, without limitation, attorney’s fees, court costs, consultant fees, expert fees, and other litigation-related expenses) of whatsoever kind or character directly or indirectly resulting from, arising out of or in connection with, or relating to (1) the presence or attendance of the Undersigned at the event described above (the “Event”) and travel to and from said Event; (2) any condition of the District Property; (3) any use or occupation of the District Property by the Undersigned; (4) any act of negligence, whether of omission or commission, of the District Parties or of any third party; (5) any damage to or loss of the property of the Undersigned which may arise in connection with the Event, the District Property or District Parties’ operation and maintenance of the Event or District Property; (6) any accident, injury, or damage whatsoever caused to the Undersigned or any person, firm, corporation, or property. This release and indemnity extends to and includes any and all claims for bodily injury, death, sickness, disease, property damage or destruction, consequential damage, or economic loss caused to or suffered by any person or property, including, but not limited to the Undersigned, and any officers, directors, agents, servants, employees, contractors, subcontractors, or any other person acting on behalf of the Undersigned, or any other person or entity. In case of any action or proceeding brought against a District Party by reason of any such claim, including by minor children or wards of the Undersigned, the Undersigned, upon notice from the District, agrees to defend the action or proceedings by counsel acceptable to the District at the sole cost of the Undersigned. THE PROVISIONS OF THIS RELEASE AND INDEMNIFICATION SHALL REMAIN AND BE IN FULL FORCE AND EFFECT EVEN IF ANY CLAIM, DEMAND, LOSS, LIABILITY, DAMAGE, OR EXPENSE, OR CLAIM THEREFOR, BY ANY PERSON OR ENTITY, DIRECTLY OR INDIRECTLY RESULTS FROM, ARISES OUT OF, OR RELATES TO, OR IS ASSERTED TO HAVE RESULTED FROM, ARISEN OUT OF, OR BE RELATED TO, IN WHOLE OR IN PART, ONE OR MORE NEGLIGENT ACTS OR OMISSIONS OF ANY DISTRICT PARTY, THE PARTIES INTENDING HEREBY TO SATISFY THE EXPRESS NEGLIGENCE DOCTRINE. This Release and Indemnification shall survive termination or expiration of this Permit.