NLC OKTOBERUN Virtual 5K - 2020

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WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF BEXAR § 1. IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN AND/OR ENTER ONTO ANY ALAMO COMMUNITY COLLEGE DISTRICT (“ACCD”) CAMPUS AND/OR ANY OFF-CAMPUS PROPERTY IN WHICH ACCD HOLDS ANY ACTIVITY, TRAINING, OR OTHER EVENT, I, __________________________________ [Print Name] VOLUNTARILY AND KNOWINGLY SIGN THIS WAIVER OF LIABILTY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT WITH THE CLEAR INTENTION OF GIVING UP THE RIGHTS AND OBLIGATIONS LISTED IN THIS AGREEMENT. 2. By signing this Agreement, I specifically release, waive, discharge, and agree to indemnify ACCD, its Board of Trustees, Officers, Employees, Representatives, Agents or others acting on behalf of ACCD, from any and all claims, demands, actions, judgments and executions, which I or others under my control may have, or now have or will have, or which I or others under my control may claim against ACCD, its Board Of Trustees, Officers, Employees, Representatives, Directors, Agents or others acting on behalf of ACCD resulting from, relating to, or arising out of any personal injury, accidents, illnesses, property damage or loss, crimes (including death) suffered or sustained by me, my child, or others under my control, including minor children, while participating in _3rd Annunal PTK/VASO Veteran's Day 5K Turkey Trot_(Northeast Lakeview College), INCLUDING BUT NOT LIMITED TO CLAIMS, DEMANDS, ACTIONS, JUDGMENTS AND/OR EXECUTIONS CAUSED BY ANY ALLEGED ACTS OF NEGLIGENCE BY ACCD, ITS BOARD OF TRUSTEES, OFFICERS, EMPLOYEES, REPRESENTATIVES, DIRECTORS, AGENTS OR OTHERS ACTING ON BEHALF OF THE ALAMO COMMUNITY COLLEGE DISTRICT. 3. I further expressly agree that if any portion of the foregoing Waiver of Liability, Assumption of Risk and Indemnity Agreement is held invalid, it is agreed that the remaining portion(s) shall, not withstanding, continue in full legal force and effect to the greater extent to carry out any event while I am participating in the Activity/Program/Event described in Paragraph 2 above. 4. It is my express intent that this Waiver of Liability, Assumption of Risk and Indemnity Agreement shall bind the members of my family and spouse, if I am alive, and my family, estate, heirs, administrators, personal representatives, or assigns, if I am deceased. I agree to save and hold harmless, indemnify, and defend ACCD, its Board of Trustees, Officers, Employees, Representatives, Agents or others acting on behalf of ACCD, from any claim by me or my family and spouse, arising out of, resulting from, or relating in any way to my participation in the Activity/Program/Event. 5. In signing this Release, I acknowledge and represent that I have become fully informed of the content of this Agreement by reading it before signing it, and by signing this document as the my own free act and deed confirm that no oral representations, statements, or inducements, apart from the foregoing written statement, have been made. I am 18 years of age or older and I am competent to contract in my own name. I have read this Waiver of Liability, Assumption of Risk, and Indemnity Agreement, and I fully understand the terms, and I understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily and that by signing, I agree to a complete and unconditional release of all liability to the greatest extent allowed by law.

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, NLC OKTOBERUN Virtual 5K, and individual NLC OKTOBERUN Virtual 5K 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.