WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

Natural Bridge Caverns Race — January 31, 2027

In consideration of being permitted to participate in the Natural Bridge Caverns Race (the “Event”), I, on behalf of myself and, if applicable, the minor participant identified in the registration associated with this Agreement, acknowledge, understand, and agree to the following:

1. PARTICIPANT REPRESENTATIONS AND RESPONSIBILITY

I represent and warrant that:

(a) I am in good health and am physically and mentally capable of safely participating in the Event;

(b) I am not under the influence of alcohol, illegal drugs, or any medication or other substance that would impair my ability to safely participate in the Event; and

(c) I am solely responsible for determining whether I am sufficiently fit and prepared to participate in the Event and for obtaining appropriate medical advice regarding my participation, if necessary.

I understand that participation in the Event is voluntary and that I may withdraw from or discontinue participation at any time.

2. ACKNOWLEDGMENT AND ASSUMPTION OF RISKS

I understand and acknowledge that running and participation in the Event involve inherent and other risks and dangers, some of which may result in serious bodily injury, illness, disease, permanent disability, paralysis, death, or loss of or damage to personal property.

These risks include, without limitation:

• falls, slips, trips, and other accidents;

• uneven, unstable, wet, slippery, rocky, or otherwise hazardous terrain and surfaces;

• roads, trails, stairs, inclines, declines, obstacles, and other course conditions;

• collisions or contact with participants, spectators, volunteers, vehicles, bicycles, animals, or other persons or objects;

• adverse, severe, or rapidly changing weather and environmental conditions;

• heat, cold, dehydration, exhaustion, and other physical conditions;

• water, mud, rocks, vegetation, wildlife, and other natural hazards;

• equipment or clothing failure or inadequacy;

• inadequate or delayed medical, emergency, or safety response;

• the actions or inactions of other participants, spectators, volunteers, contractors, or other persons;

• participants having different levels of experience, ability, or physical condition;

• conditions at or associated with Natural Bridge Caverns or other Event venues or property;

• risks associated with transportation to, from, or in connection with the Event;

• criminal or intentional acts of third parties;

• conditions or circumstances beyond the immediate control of the Event Organizers; and

• other risks, whether known or unknown, foreseeable or unforeseeable, inherent or otherwise, that may arise in connection with the Event.

I understand that these risks may be caused in whole or in part by my own acts or omissions, the acts or omissions of other participants or third parties, conditions of the premises or course, weather or environmental conditions, or the ordinary negligence of the Released Parties (defined below).

I knowingly and voluntarily assume all such risks and all responsibility for any injury, illness, death, property damage, loss, damage, liability, cost, or expense that I may incur as a result of or in connection with my participation in the Event, to the fullest extent permitted by applicable law.

3. PERSONAL CONDUCT AND EQUIPMENT

I accept sole responsibility for my conduct and actions before, during, and after my participation in the Event to the extent arising from my participation or presence at the Event.

I am solely responsible for ensuring that my clothing, footwear, equipment, and other personal property are appropriate, properly maintained, and suitable for the Event.

I agree to comply with all Event rules, instructions, safety requirements, applicable laws, and reasonable directions of Event personnel, volunteers, medical personnel, law enforcement, and venue personnel.

4. RELEASE AND WAIVER OF LIABILITY

I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE the following persons and entities (collectively, the “Released Parties”):

Personal Best Events, LLC; Natural Bridge Caverns; the Event organizers and promoters; race directors; sponsors; advertisers; local organizing committees; venues and property owners where the Event takes place; law enforcement agencies and other governmental or public entities providing support for the Event; and each of their respective parent, subsidiary, and affiliated entities, and their respective officers, directors, managers, members, partners, shareholders, employees, agents, contractors, representatives, volunteers, and successors and assigns.

To the fullest extent permitted by applicable law, I release the Released Parties from any and all claims, demands, causes of action, liabilities, damages, losses, costs, or expenses of any kind or nature (“Claims”) arising out of, resulting from, or relating to my participation in, presence at, travel to or from, or involvement with the Event, including Claims arising from the ordinary negligence of any Released Party.

This release is intended to be as broad and inclusive as permitted by applicable law. Nothing in this Agreement is intended to release any liability that cannot lawfully be released under applicable law.

5. INDEMNIFICATION AND HOLD HARMLESS

To the fullest extent permitted by applicable law, I agree to indemnify, defend, and hold harmless each of the Released Parties from and against any Claims, liabilities, damages, losses, judgments, costs, and expenses, including reasonable attorneys’ fees and court costs, arising out of or relating to:

(a) my acts or omissions in connection with the Event;

(b) my violation of Event rules, instructions, or applicable law; or

(c) any claim brought by me or by any person claiming through me, to the extent such indemnification is permitted by applicable law.

If, notwithstanding this Agreement, I or anyone acting on my behalf brings a Claim against any Released Party that is barred, waived, or released by this Agreement, I agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless the Released Parties from and against any resulting liability, costs, and expenses, including reasonable attorneys’ fees.

6. MEDICAL TREATMENT AND EMERGENCY CARE

I authorize Event personnel and medical or emergency personnel to provide or arrange for reasonable first aid, emergency care, transportation, or medical treatment if they determine that such care is necessary or appropriate.

I understand that the Event Organizers do not provide medical insurance or medical coverage for participants and that I am responsible for my own medical expenses and insurance coverage.

7. PERSONAL PROPERTY

I understand that the Event Organizers are not responsible for loss of, theft of, or damage to my clothing, equipment, vehicle, or other personal property, except to the extent such responsibility cannot lawfully be excluded.

8. ACKNOWLEDGMENT OF LEGAL RIGHTS

I acknowledge that I have carefully read this Agreement, understand its terms, and understand that it affects substantial legal rights, including my right to bring certain claims against the Released Parties.

I acknowledge that I am signing this Agreement freely and voluntarily, without reliance upon any representation, promise, assurance, or inducement other than those expressly stated in this Agreement.

I understand that the releases, waivers, assumptions of risk, and indemnification obligations contained in this Agreement are intended to be legally binding.

9. MINOR PARTICIPANTS

If the participant is under eighteen (18) years of age, the participant's parent or legal guardian must complete and sign the applicable minor-participant acknowledgment and consent required by the Event.

By signing on behalf of a minor participant, the parent or legal guardian represents that he or she has the legal authority to do so and agrees, to the fullest extent permitted by applicable law, to the terms of this Agreement on behalf of the minor participant and, to the extent legally permitted, on behalf of the parent or guardian individually.

10. SEVERABILITY

If any provision of this Agreement is determined by a court of competent jurisdiction to be unlawful, invalid, void, or unenforceable, that provision shall be enforced to the maximum extent permitted by law or, if necessary, severed from this Agreement, and the remaining provisions shall remain in full force and effect.

11. GOVERNING LAW AND VENUE

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict-of-law principles, except to the extent applicable law requires otherwise.

Any provision concerning venue or jurisdiction should be reviewed and finalized by the Event's Texas counsel based on the applicable entities, locations, and insurance requirements.

12. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the participant and the Released Parties concerning the subject matter addressed herein and supersedes all prior or contemporaneous oral or written representations or agreements concerning that subject matter.

No amendment, modification, or waiver of this Agreement shall be effective unless made in writing and authorized by the Event Organizers.

By registering for or participating in the Event, I acknowledge that I have had the opportunity to read this Agreement carefully, understand its terms and conditions, and voluntarily agree to be bound by it.

 

PHOTO, VIDEO, AND LIKENESS RELEASE

I understand and agree that photographs, video recordings, audio recordings, interviews, and other recordings may be taken of me before, during, or after my participation in the Event (collectively, “Recordings”).

I hereby grant to Personal Best Events, LLC, Natural Bridge Caverns, and their respective affiliates, sponsors, advertisers, organizers, promoters, contractors, agents, licensees, successors, and assigns (collectively, the “Authorized Parties”) the irrevocable, worldwide, royalty-free right and permission to photograph, film, record, reproduce, edit, modify, publish, distribute, display, transmit, and otherwise use my name, image, likeness, voice, photograph, video, and other recordings of me in connection with the Event and for legitimate promotional, advertising, marketing, educational, archival, editorial, and commercial purposes.

This permission includes, without limitation, use in:

• Event websites and social media accounts;

• promotional and advertising materials;

• race results and Event communications;

• brochures, flyers, posters, and other printed materials;

• television, streaming, digital, and other media;

• photographs and videos distributed or displayed by the Event, its sponsors, or its promotional partners; and

• future promotions or communications relating to the Event or related events and activities.

I understand that the Authorized Parties may crop, edit, combine, or otherwise modify the Recordings and may use them with or without identifying me by name. I waive any right to inspect or approve the finished photographs, videos, recordings, or other materials before they are used or published.

I understand that I will not receive compensation, royalties, or other consideration for the use of the Recordings, my name, or my likeness.

I release and discharge the Authorized Parties from claims arising out of or relating to the authorized use of the Recordings, name, image, likeness, or voice, including claims based on invasion of privacy, right of publicity, or similar claims, to the fullest extent permitted by applicable law.

This Photo, Video and Likeness Release does not authorize the use of my image or likeness in a manner that falsely implies my endorsement of a product, service, or organization unrelated to the Event.

If I am signing this Agreement on behalf of a minor participant, I represent that I am the minor's parent or legal guardian and have authority to grant this permission on the minor's behalf to the fullest extent permitted by applicable law.