RELEASE OF LIABILITY, INDEMNITY AGREEMENT, AND ASSUMPTION OF RISKS
The undersigned, on their behalf, and on behalf of their minor children that are participating in Freedom 5K Veterans Tribute (collectively “Participant” whether one or more), in consideration for, and as condition to, being permitted to participate in Freedom 5K Veterans Tribute, Participant hereby agrees and covenants to the Walton F. Hoffman American Legion Post 179, Veterans of Foreign Wars Post 7110 that:
1. This Release of Liability and Acknowledgement and Acceptance of Risks (“Release”) inures to the benefit of the Walton F. Hoffman American Legion Post 179, Veterans of Foreign Wars Pots 7110, 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 “Post 179”).
2. Participant is fully aware of the potential risks involved and hazards connected to participating in the Freedom 5K Veterans Tribute Run, including medical emergencies. Accordingly, the Participant elects to voluntarily participate in the Freedom 5K Veterans Tribute Run with full knowledge that competition in the 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 Participant or any loss or damage to property owned by Participant, as a result of participating in Freedom 5K Veterans Tribute Run.
3. Participant hereby consents to the rendering of emergency first aid and other medical procedures which at the time of any injury or illness that may occur during Freedom 5K Veterans Tribute Run that Post 179 deems reasonably advisable. Participant further understands that Participant will be responsible for payment of any such medical procedures.
4. Participant hereby releases and discharges Post 179 and Personal Best Events, LLC from, and agrees to indemnify and hold Post 179, Personal Best Events, LLC 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 Freedom 5K Veterans Tribute Run.
5. Participant further covenants not to sue, and not to make any claim or bring any lawsuit or action against Post 179 or Personal Best Events, LLC based on, arising out of, or relating to his or her participation in Freedom 5K Veterans Tribute Run.
6. 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 New Braunfels, Texas.
7. Photography Release: By participating in the Freedom 5K Veterans Tribute Run, Participant understands and agrees that they may be photographed, filmed or otherwise recorded. Participation in the Freedom 5K Veterans Tribute Run constitutes Participant’s consent to such photography, filming, or recording and Participant hereby permits ___ to use the same, royalty free, in any and all media, print, broadcast or otherwise, in Post 179’s sole discretion for the purpose of promoting the Walton F. Hoffman American Legion Post 179’s and Veterans of Foreign Wars Post 7110 programs.
