RELEASE OF LIABILITY, INDEMNITY AGREEMENT, AND ASSUMPTION OF RISKS
The undersigned, on their behalf, and on behalf of their minor children who are participating in (collectively “Participant” whether one or more), in consideration for, and as a condition to, being permitted to participate in Coolest 5K in Texas, Fort Davis, Participant hereby agrees and covenants to the Coolest 5K in Texas, Fort Davis Education Foundation.
1. This Release of Liability and Acknowledgement and Acceptance of Risks (“Release”) inures to the benefit of the Coolest 5K in Texas, Fort Davis Education Foundation, Personal Best Events, LLC, and each of its members, officers, directors, employees, representatives, agents, successors, and assigns, (all such parties being collectively referred to herein as “Organizers”).
2. The Participant is fully aware of the potential risks involved and hazards connected to participating in The Coolest in Texas 5K Walk/Run, including medical emergencies. Accordingly, the Participant elects to voluntarily participate in The Coolest 5K in Texas 5K Walk/Run with full knowledge that competition in team sports may be hazardous to Participants. The Participant voluntarily assumes full responsibility for any risk of loss, property damage, or personal injury that may be sustained by the Participant or any loss or damage to property owned by the Participant as a result of participating in The Coolest 5K in Texas Walk/Run.
3. Participant hereby consents to the rendering of emergency first aid and other medical procedures at the time of any injury or illness that may occur during The Coolest 5K in Texas Walk/Run that the Organizers deem reasonably advisable. The Participant further understands that the Participant will be responsible for payment for any such medical procedures.
4. Participant hereby releases and discharges Fort Davis Education Foundation, The Coolest 5k in Texas 5K Walk/Run organizers, and Personal Best Events, LLC from, and agrees to indemnify and hold Fort Davis Education Foundation, Personal Best Events, LLC and each of its members harmless against, any and all claims, demands, liabilities, lawsuits, actions, causes of action, losses, expenses, damages, or costs (together, “Claim”) based on, arising out of, or relating to Participant’s participation in The Coolest 5K in Texas Walk/Run.
5. Participant further covenants not to sue and not to make any claim or bring any lawsuit or action against Fort Davis Education Foundation or Personal Best Events, LLC based on, arising out of, or relating to his or her participation in The Coolest 5K in Texas Walk/Run.
6. THE PARTICIPANT AGREES THAT HE OR SHE HAS READ THE FOREGOING RELEASE IN ITS ENTIRETY, FULLY UNDERSTANDS ITS CONTENTS, AND UNDERSTANDS AND ACKNOWLEDGES THAT HE OR SHE IS WAIVING OR RELEASING IMPORTANT RIGHTS AND CLAIMS BY EXECUTING THIS RELEASE. Participant acknowledges that he or she is over 18 years of age and is of sound mind as of the date hereof. This agreement has been voluntarily executed with full knowledge of its significance and with the intent to bind the Participant and his or her heirs, estate, executors, administrators, and successors to the terms and conditions hereof. This release shall be governed by the laws of the state of Texas. For purposes of venue, this release shall be determined to be entered into and performable in Llano, Texas.
7. Photography Release: By participating in The Coolest 5K in Texas Walk/Run, Participant understands and agrees that they may be photographed, filmed, or otherwise recorded. Participation in The Coolest 5K in Texas Walk/Run constitutes the Participant’s consent to such photography, filming, or recording. Participants hereby permit ___ to use the same, royalty-free, in any and all media, print, broadcast or otherwise, in Organizer’s sole discretion to promote The Coolest 5K in Texas Walk/Run, Fort Davis Education Foundation programs.
