RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK
The undersigned participant (“Participant”; Participant, Guardian (as hereinafter defined, and as applicable) and each of their respective heirs, personal representatives, successors and assigns being referred to herein collectively and jointly and severally, as “Releasor”) desires to use the walking/jogging trail and the surrounding land located approximately between Hamilton-Wolfe Road and Charles Katz Road in San Antonio, Texas (the “Property”), owned by the San Antonio Medical Foundation, a Texas non-profit corporation (“Owner”), in connection with [specify applicable event] (the “Event”). In consideration for Participant being permitted to use the Property in connection with the Event, Releasor hereby agrees as follows:
RELEASOR UNDERSTANDS AND AGREES THAT THE USE OF AN OUTDOOR WALKING/JOGGING TRAIL INVOLVES INHERENT RISKS INCLUDING, BUT NOT LIMITED TO, SERIOUS PERSONAL INJURY AND/OR DEATH RESULTING FROM ROCKS, UNEVEN AND/OR SLIPPERY CONDITIONS, VARYING WEATHER AND SURFACE CONDITIONS, VARIABLE SLOPES, CHANGES IN TERRAIN, LOOSE GRAVEL AND DIRT, HOLES, DEBRIS, OTHER PARTICIPANTS IN THE EVENT, FENCES, EQUIPMENT, MACHINERY, SPECTATORS, MAN-MADE TERRAIN FEATURES, VEHICLES AND ANIMALS.
RELEASOR EXPRESSLY AND VOLUNTARILY ASSUMES ALL RISKS ASSOCIATED WITH THE USE OF THE PROPERTY BY PARTICIPANT IN CONNECTION WITH THE EVENT.
RELEASOR PRESENTLY AND PROSPECTIVELY FOREVER RELEASES AND DISCHARGES OWNER, ITS AFFILIATES, OWNERS, REPRESENTATIVES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, EMPLOYEES AND VOLUNTEERS (COLLECTIVELY, “RELEASEE”) FROM AND AGAINST ALL CLAIMS, DEMANDS, CAUSES OF ACTION, INJURIES AND DAMAGES, ARISING FROM THE USE OF THE PROPERTY BY THE PARTICIPANT IN CONNECTION WITH THE EVENT, EVEN IF ARISING IN WHOLE OR IN PART FROM THE PASSIVE OR ACTIVE NEGLIGENCE OF RELEASEE, OR FROM HIDDEN, LATENT, OR OBVIOUS DEFECTS OR HAZARDS ON OR NEAR THE PROPERTY.
Having read and understood this Release, Waiver of Liability, Assumption of Risk (this “Release”), Participant, for himself/herself and for his/her heirs, personal representatives, successors and assigns, has executed and delivered this Release on the date set forth below.
If Participant is a Minor
The undersigned parent or guardian (“Guardian”) represents and warrants that Guardian is the parent or legal guardian of Participant. Having read and understood this Release, Guardian, for himself/herself, Participant, and each of their respective heirs, personal representatives, successors and assigns, has executed and delivered this Release on the date set forth below.
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, USA Track and Field, sponsors, affiliates, volunteers, Give Cancer the Boot Survivorship 5K & 1 Mile Walk, and individual Give Cancer the Boot Survivorship 5K & 1 Mile Walk 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 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.