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Fiesta de los Spurs Run - 2024

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2024 SAN ANTONIO SPURS

PARTICIPANT WAIVER, RELEASE OF LIABILITY, & INDEMNITYAGREEMENT

 

In consideration of and as a condition of my participation in the Fiesta De Los Spurs Run on April 27th, 2024, and related activities (the "Activity or Activities"), I, for myself and for my representatives, executors, assigns, heirs, next of kin, beneficiaries, and anybody claiming by, through, under or on behalf of me acknowledge, agree, and represent as the Participant that:

1. I am legally competent to sign this Waiver and Release of Liability between myself, San Antonio Spurs, L.L.C., a Texas limited liability company (the "Spurs") and its subsidiaries and affiliates;

2. I will follow all instructions of the Spurs while participating in the Activity;

 

3. Assumption of Risk. I fully understand and acknowledge the inherent risks and dangers of attending the Activity, and expressly assume all risk of injury (including, without limitation, permanent disability, death, sickness, infection, including, but not limited to, COVID-19, and/or property damage) during the course of the Activity, howsoever caused or arising and whether by negligence, gross negligence, or otherwise, and accept personal responsibility for the damages following such injury, permanent disability or death, and I am voluntarily participating in the Activities;

 

4. These risks may include, but are not limited to (1) loss or damage to personal property; (2) physical or emotional injury or permanent disability, sickness, COVID-19, or death, due to, and/or related to, (a) all modes of travel while participating in the Activity, whether by, vehicle or walking, (b) the condition of facilities which may or may not be under the control and maintenance of the Spurs or CAM, (c) exposure to inclement weather, outdoor terrain, and all the risks inherent therein, including but not limited to: sunburn, heat exhaustion, insect bites/allergies, dust, dirt, etc., as well as any and all injuries, whatsoever, which may be sustained from the Activites, including, but not limited to, walking, running, jumping, bending, standing for extended periods of time, lifting small amounts of weight, handling athletic/activity equipment, being exposed to others handling athletic/activity equipment, colliding with other participants, and slips and falls; these injuries include, but are not limited to, falls, scratches, lacerations, contusions, bruises, cuts, abrasions, muscle sprains, back injuries, soreness, concussions, broken bones, and (d) any and all other aspects and stress related to the Activity, including interaction with personnel who are not employees of Spurs or CAM, and (e) suffering any type of injury, illness, or infectious disease without immediate access to medical facilities.

 

 

5. Certification of Good Health. I certify that I am in good health and do not have any health and/or mental condition that would be aggravated by participation in the Activities or that would make such participation unsafe or otherwise inappropriate;

6. Release, Waiver, & Indemnity. I RELEASE, WAIVE, DISCHARGE, DEFEND, AND INDEMNIFY the Spurs, Community Arena Management, Ltd (“CAM”), the National Basketball Association ("NBA") and its Member Teams, NBA Properties, Inc., Bexar County, Texas, and each of their respective parents, subsidiaries, divisions, directors, officers, members, commissioners, elected officials, partners, trustees, franchisees, dealers, governors, employees, agents, owners, shareholders, sponsors, vendors, distributors, advertising and promotion agencies, and affiliated entities (collectively the "Entities") and all other persons and entities assisting in or sponsoring the Activity and its related activities, and each of their respective parents, subsidiaries, divisions, directors, officers, members, commissioners, elected officials, partners, trustees, franchisees, dealers, governors, employees, agents, owners, shareholders, sponsors, vendors, distributors, advertising and promotion agencies, and affiliated entities (collectively with the Entities, the "Released Parties"), in their official and individual capacities, from any and all claims, demands, suits, allegations, liability, losses, damage, rights, risks, or causes of action of any kind whatsoever which I, anyone claiming by, through, under, or on behalf of me, or anybody else has or might have against the Released Parties in connection with, arising out of, or in any way related to my participation in the Activity, including without limitation, for injuries, damages, mental anguish, or losses to persons or property (up to and including death). IT IS EXPRESSLY AGREED THAT THE RELEASE AND INDEMNIFICATION PROVIDED FOR IN THIS AGREEMENT APPLIES REGARDLESS OF WHETHER SUCH CLAIMS, DEMANDS, SUITS, ALLEGATIONS, LIABILITY, LOSSES, DAMAGE, RIGHTS, RISKS, OR CAUSES

OF ACTION ARE CAUSED IN WHOLE OR IN PART BY ANY ACT OR OMISSION, CONDUCT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHER FAULT OF RELEASED PARTIES;

7. Media Release. I grant full permission to the Entities the right to exhibit, record, reproduce, broadcast, transmit, publish, sell, distribute, perform, use and re-use, for any purpose, in any manner, without further notification, authorization or compensation to me or anyone on my behalf, my name, nickname, voice, biographical information, photograph, and/or other likeness, and any photographs, videotapes, motion pictures, recordings, or other record of my participation (or any part or parts) however captured, for any purpose (including, without limitation, for advertising, sales, promotional and/or any other commercial purposes), in any media or format now or hereafter known, worldwide and in perpetuity, without further compensation, authorization or notification to me or anyone on my behalf. I shall be bound and governed by the Constitution and By-Laws, rules, regulations, resolutions and agreements of the NBA, as they may be modified or amended from time to time;

8. Binding Agreement. I understand and acknowledge that terms of this Waiver and Release of Liability are contractual and not mere recitals and that this Waiver and Release of Liability cannot be revoked, supplemented, modified, or amended unless such revocation, supplementation, modification, or amendment is executed in writing by the Undersigned and an authorized representative of the Entities. Finally, I acknowledge that there are no other understandings or agreements, oral or written, relating to the subject matter of this Waiver and Release of Liability that constitute part of this Waiver and Release except those specifically set forth herein.

9. Texas Law. I fully understand and acknowledge that this agreement shall be governed by and construed in conformity with the laws of the State of Texas (exclusive conflicts of law principles). I hereby expressly consent to waive all right to make any objection based on jurisdiction, venue, or sufficiency of process to any suit brought to enforce this Agreement in Bexar County, Texas;

 

10. Severability. If any of the provisions of this Agreement are determined to be illegal, invalid, unconscionable, or unenforceable for any reason, I agree that the remaining provisions of this Agreement shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by law.

I HAVE READ THE ABOVE WAIVER AND RELEASE OF LIABILITY AND FULLY UNDERSTAND ITS CONTENTS. I ACKNOWLEDGE THAT I AM SIGNING THIS WAIVER AND RELEASE OF LIABILITY VOLUNTARILY, WITHOUT COERCION, DURESS, OR UNDUE INFLUENCE AND WITH FULL KNOWLEDGE OF ITS TERMS AND EFFECTS.

Signature: Date: ____________

Printed Name: _______

I AM A PARENT/GUARDIAN OF THE PARTICIPANT, AND I ATTEST THAT I HAVE LEGAL RESPONSIBILITY OVER THE PARTICIPANT, AND, MY SIGNATURE IS SUFFICIENT TO CONSENT TO THE PARTICIPATION OF THE PARTICIPANT IN THE ACTIVITIES AND TO SIGN THIS WAIVER AND RELEASE FOR AND ON BEHALF OF THE PARTICIPANT.

Participant Name: _________________________________________________________________________

Parent/Guardian Signature: Date:

Parent/Guardian Printed Name:

WAIVER: I, the undersigned participant (and my parent or guardian if I am younger than 18 years of age), intending to be legally bound, do hereby forever release and waive any and all rights, claims, and actions for damages that we, our heirs, executors, administrators, and assigns may have, or that may hereafter accrue against any and all persons, organizations, and other entities associated with the event, including, but not limited to Race Entry, Soler's Sports, sponsors, affiliates, volunteers, Fiesta de los Spurs Run, and individual Fiesta de los Spurs Run organizers, arising out of or in connection with my involvement before, during, or after the event.

I verify that I am physically fit and sufficiently trained to participate in this event and I assume the risks involved in this activity. I further attest that I will be mindful of traffic along the race course, and hold said sponsors and organizers blameless in any harm that may happen.

I consent to the collection and use of my Personal Information as contained in the Privacy Policy. I also give my permission for the free use of my name and/or pictures in telecasts, broadcasts, newspapers, posters, advertising, etc.

I also acknowledge understanding that the charge to my card will show up as Race Entry. I acknowledge that the online processing fees and charitable donations are non-refundable. I also acknowledge that any charitable donations will have 4.97% withheld from the donation to pay credit card and administrative costs.

Race Entry and its partner Soler's Sports shall not be liable to you for any direct, indirect, special, incidental, consequential or exemplary damages including, but not limited to, loss of profits, goodwill, use, data or other intangible loses. Race Entry and its partner Soler's Sports does not guarantee the completeness or accuracy of any information contained in, or provided in conjunction with the http://www.raceentry.com website. Race Entry and its partner Soler's Sports is not responsible for any omissions or inaccuracies, or for the results obtained from this information.

Race Entry and its partner Soler's Sports facilitates registration for various events, some of which allow participants under the age of thirteen (13). We require a submission of birth date for all registration entries. For children under the age of thirteen (13), parental or guardian consent is required.

You agree that the statutes and laws of the State of Utah, USA, will apply to all matters relating to this Agreement and Waiver. You irrevocably consent that exclusive jurisdiction for any dispute with Race Entry and its partner Soler's Sports relating to this Agreement and Waiver resides in the courts of Utah, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Utah in conjunction with any such dispute including any claim involving Race Entry and its partner Soler's Sports.


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