Waiver and Release For DAM 09 TRIATHLON (Please Read Carefully) Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement 1. I hereby represent that (i) I am in good health and in proper physical condition to participate in the Event; and (ii) I am not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in the Event. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Event. 2. I understand and acknowledge the physical and mental rigors associated with running, and realize that running events are inherently dangerous and represent an extreme test of a persons physical and mental limits. I understand that participation involves risks and dangers which include, without limitation, the potential for serious bodily injury, sickness and disease, permanent disability, paralysis and loss of life; loss of or damage to equipment/property; exposure to extreme conditions and circumstances; accidents, contact or collision with other participants, spectators, vehicles or other natural or manmade objects; dangers arising from adverse weather conditions; imperfect course conditions; water, road and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Event Organizers; and other undefined risks and dangers which may not be readily foreseeable or are presently unknown (Risks). I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others participating in the Event, or the acts, inaction or negligence of the Released Parties defined below, and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I incur as a result of my participation in the Event. 3. I also accept sole responsibility for my own conduct and actions while participating in the Event, and the condition and adequacy of my equipment. 4. I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: SOLER’S TEES, INC. , ALAMO HEIGHTS SWIMMING POOL, CITY OF ALAMO HEIGHTS, CITY OF SAN ANTONIO, CITY OF OLMOS PARK,Organizers and Promoters, Race Directors, Sponsors, Advertisers, Local Organizing Committees, Venues and Property Owners upon which the Event takes place, Law Enforcement Agencies and other Public Entities providing support for the Event, and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers (Individually and Collectively, the Released Parties or Event Organizers), with respect to any liability, claim(s), demand(s), cause(s) of action, dam- age(s), loss or expense (including court costs and reasonable attorneys fees) of any kind or nature (Liability) which may arise out of, result from, or relate to my participation in the Event, including claims for Liability caused in whole or in part by the negligence of the Released Parties. I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liability which any may be incurred as the result of such claim. I hereby warrant that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it (including the rights of the minor, my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have signed this Agreement freely and voluntarily, without any inducement, assurance or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. I have read, understood and accept the waiver and release above. My submission of this form shall act as my legal signature. I hereby represent and warrant that I have full legal authority and power to complete this event registration for myself and/or any other party I am registering. Furthermore, I represent and warrant that I have full legal authority to act on behalf of all registered parties and bind them under the terms and conditions set forth in this waiver and release. I certify that I am eighteen (18) years of age or older. If registering a child under eighteen (18) years of age, I certify that I am the parent or legal guardian of such child in compliance with COPPA. If registering an incapacitated and/or mentally challenged person, I certify that I am the parent or legal guardian of such person.
By signing this waiver, I understand that I will be subscribed to the Soler's Sports newsletter, of which can be unsubscribed from at anytime.
Alamo Heights Waiver Form with COVID-19 Information:
By signing this RELEASE, WAIVER, AND INDEMNITY agreement (the “Release”), the undersigned, individually and on behalf of the below named minor child(ren) (if applicable) (collectively sometimes referred to herein as “Member(s)”), acknowledge the contagious nature of COVID-19 and all other illnesses and diseases associated with the COVID-19, COVID, and/or the coronavirus (collectively referred to as “COVID-19”) and voluntarily assume the risk that Member(s) may be exposed to, contract, and/or or become infected with COVID-19 while on site at the Alamo Heights Swimming Pool, its grounds, facilities, and/or property located at 250 Viesca Street, San Antonio, Texas 78209 (the “Facilities”) and that such exposure to or infection with COVID-19 may result in illness, injury, disability, permanent disability, personal injury, damage, loss, expenses, medical expenses, liability and/or death. Member(s) hereby acknowledge and understand that the risk of myself/ourselves and/or the minor child(ren) for which I/We am/are signing on behalf (if applicable) of becoming exposed to, contracting, or infected with COVID-19 at the Facilities may result from the actions, omissions, or negligence of any kind of myself/ourselves and/or others including, but not limited to, Heights Pool, Ltd., its officers, owners, partners, trustees, employees, agents, contractors, tenants, family members, volunteers, and program participants. Heights Pool, Ltd., its officers, owners, partners, successors, assigns, trustees, employees, agents, contractors, tenants, family members, volunteers, and program participants shall hereinafter be referred to as (the “Released Parties”).
I/We, on behalf of myself/ourselves and the below named minor child(ren) (if applicable), voluntarily agree to assume all of the foregoing risks and accept sole responsibility and liability for, including but not limited to, the following: illness, injury, disability, permanent disability, personal injury, death, damage, loss, claims, liability, medical expenses, or expenses of any kind or nature, that Members may experience, sustain, or incur in connection with exposure to, contracting, and/or infection with COVID-19 as a result of my/our attendance at the Facilities and do hereby RELEASE, DISCHARGE, AND INDEMNIFY THE RELEASED PARTIES FROM ANY AND ALL
LIABILITY, MEDICAL EXPENSES, EXPENSES OF ANY KIND, DAMAGES, LOSSES, ACTIONS, CLAIMS, CAUSES OF ACTION, OR DEMANDS THAT I/WE AND/OR MY/OUR HEIRS DISTRIBUTEES, GUARDIANS, LEGAL REPRESENTATIVES, OR ASSIGNS NOW HAVE OR MAY IN THE FUTURE HAVE IN CONNECTION WITH MY/OUR EXPOSURE TO, CONTRACTING, AND/OR INFECTION WITH COVID-19 AS A RESULT OF MY/OUR ATTENDANCE AT THE FACILITIES. I expressly acknowledge thatthis Release is intended to be as broad and inclusive as permitted by the laws of the State of Texas and that if any portion of the Release is held invalid, it is agreed that the balance shall continue in full legal force and effect. I/We hereby acknowledge and agree that I/We have been afforded the right and opportunity to seek legal counsel of my/our choosing prior to signing below and are signing this Release on my/our own free will.
I/We further agree to abide by all federal, state, and city orders and/or mandates relating to COVID-19 while at the Facilities.
In consideration of my participation in the DAM 09 TRIATHLON, I, on behalf of myself, heirs, (participant signature; guardian if minor) legatees, personal representatives and all those claiming by or through me, consent, and do hereby discharge and release and forever hold harmless the CITY OF SAN ANTONIO, CITY OF ALAMO HEIGHTS, CITY OF OLMOS PARK, ALAMO HEIGHTS SWIMMING POOL, and all represented sponsors, Soler's Tees, Inc., their affiliates, agents, servants, employees, assigns, successors, and heirs and any facility at which events are held, from any and all claims, actions, losses, damages, or expenses for personal or bodily injury (including death) and property loss or damage of whatever the nature or cause, incurred by me or arising out of in any way conjunction with participation in the aforementioned competition. In addition, I hereby consent to discharge and release SPONSORS, from any liability whatsoever for the following: SPONSORS and Soler's Tees, Inc. may use and reproduce my name, voice, and likeness, and any photographs, sketches and motion pictures taken or made of me, and/or my business, are SPONSORS* property, and I waive any right of inspection or review. By signing this waiver, I understand that my email address will be added to the Soler's Sports newsletter list which I can unsubscribe from at any time. I am of legal age and capacity and have read the contents of this Consent of Release. If minor, signature of parent or guardian required.
I UNDERSTAND THAT THERE ARE NO REFUNDS FOR THIS EVENT.
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