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BY CHECKING THE BOX THROUGH THE RACE ENTRY REGISTRATION OR SIGNING BELOW AT THE EVENT IF REGISTERING AT THE EVENT, YOU ARE AGREE THAT YOU ARE THE PARENT/LEGAL GUARDIAN OF THE CHILD(REN) WHOM YOU ARE REGISTERING, AND YOU AGREE ON BEHALF OF YOURSELF AND YOUR CHILD(REN) TO THE FOLLOWING:
WAIVER OF LIABILITY/INDEMNIFICATION AGREEMENT
THIS WAIVER OF LIABILITY/INDEMNIFICATION AGREEMENT (“AGREEMENT” HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR RIGHTS AND THOSE OF YOUR CHILD(REN) AND WILL LIMIT YOUR AND YOUR CHILD(REN)’S ABILITY TO BRING FUTURE CLAIMS, DEMANDS, LEGAL ACTION, OR CAUSE OF ACTION.
The Tibbals Tiger Dash and Kids Cub Crawl (the “event”) involves strenuous physical activities, such as running, jumping, and negotiating (i.e., running, jumping, or climbing over, under, or through) obstacles involving mud, water, cargo nets, tires, rope swings, balance beams, climbing walls, and other similar obstacles. Both parents and child(ren) must be in good physical condition and should not suffer from any conditions which would prevent a person from safely participating in the event. Parents and child(ren) are strongly encouraged to consult with their medical providers before participating in the event if they have any concerns as to whether they can safely participate . Due to the strenuous physical activities, use of obstacles, and involvement of other event participants, parents and child(ren) must understand that the event carries with it inherent risks of physical injury. Such inherent risks include, but are not limited to, encounters with obstacles, equipment-related hazards (e.g., unexpected equipment failure, imperfect course conditions, or defective or inadequate equipment), weather-related hazards (e.g., extreme heat, extreme cold, humidity, ice, wind, rain, or fog), inadequate or negligent first aid and/or emergency measures, or problems created by other event participants.
In order to keep the course safe for all participants and attendees, and as required by the event site owners, no strollers or other wheeled vehicles will be permitted through the course without previous authorization from the event directors (i.e., Managing Director, Operations Director, or Event Director).
Your registration is NON-REFUNDABLE FOR ANY REASON, regardless of circumstance, including but not limited to injury, a scheduling conflict, weather, or event cancellation. However, active duty or deployed military participants may be entitled to a refund on a case-by-case basis upon providing sufficient, official documentation regarding the deployment that conflicts with participating in the event.
WAIVER OF LIABILITY
In consideration of being allowed to participate in the event at the selected event site and with the vendors and sponsors, and recognizing the inherent risks of physical injury involved in participating in the event, you, and your spouse/legal domestic partner, heirs, next of kin, personal representatives, executors, administrators, successors, or assigns, and you, on behalf of your child(ren) and their heirs, next of kin, personal representatives, executors, administrators, successors, or assigns, (collectively, the “Event Participant”) hereby FULLY RELEASE AND FOREVER DISCHARGE the event (i.e., the Tibbals Tiger Dash and Kids Cub Crawl),Tibbals Elementary School, the event site owner, the event site operator, the event’s sponsors and vendors, and the event site owner’s, event site operator’s, and the event’s sponsors’ and vendors’ respective principals, members, officers, directors, shareholders, employees, contractors, suppliers (including equipment suppliers), volunteers, agents, affiliates, successors, and assigns (collectively, the “Released Parties”) from any and all past, present, and future claims, demands, legal actions, and causes of action for negligence arising out of or relating to the event (i.e., Tibbals Tiger Dash and Kids Cub Crawl), whether known or unknown, anticipated or unanticipated, including, but not limited to, any such claims, demands, or causes of action for personal injury, emotional injury, property damage, or death.
EVENT PARTICIPANT AGREES TO INDEMNIFY, DEFEND, AND HOLD THE RELEASED PARTIES HARMLESS FROM ANY CLAIMS AND/OR LIABILITY INCLUDING BUT NOT LIMITED TO, INTEREST, COSTS, EXPENSES, AND ATTORNEY’S FEES WHICH RELATE IN ANY WAY TO THEIR PARTICIPATION OR INVOLVEMENT IN THE EVENT.
THE INDEMNITY, DEFENSE, AND HOLD HARMLESS PROVISIONS REFERENCED IN THIS AGREEMENT ARE EXPRESSLY AGREED TO BE FOR THE PROTECTION OF RELEASED PARTIES. EVENT PARTICIPANT AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS RELEASED PARTIES EVEN IN THE EVENT THAT SOME OR ALL OF THE ACTS AND/OR DAMAGES COMPLAINED OF WERE SOLELY, PARTIALLY, AND/OR COMPLETELY CAUSED BY THE NEGLIGENCE OR OTHER FAULT OF RELEASED PARTIES. FURTHER, IT IS THE EXPRESS INTENTION OF THE PARTIES THAT THIS ENTIRE PARAGRAPH MEETS AND SATISFIES THE EXPRESS NEGLIGENCE DOCTRINE OF THE STATE OF TEXAS.
RIGHT TO USE LIKENESS.
Event Participant hereby grants the event, as well as the event’s sponsors and vendors, and all of their successors, assigns, and designees the right to use Event Participant’s name, voice, signature, photograph, video, and likeness for any legitimate purpose, including but not limited to promoting, advertising, and marketing activities. The Event Participant understands and agrees that the event, as well as the event’s sponsors and vendors, and all of their successors, assigns, and designees have the full right to sell and profit from the commercial use of Event Participant’s name, voice, signature, photograph, video, and likeness.
Event Participant understands and agrees that this Agreement (1) constitutes the entire agreement between the Event Participant and Released Parties and all terms in this Agreement are contractually binding and not mere recitals; (2) supersedes any prior oral or written agreements or communications on the subject matter addressed herein; and (3) cannot be modified or changed in any way by any oral or written representations or statements of any employee or agent;.
Event Participant understands and agrees that nothing contained in this Agreement shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provisions contained in this Agreement and any present or future statute, law, ordinance, or regulation contrary to which the parties have no legal right to contract, the latter shall prevail; but the provision of this Agreement which is affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law.
This agreement shall be construed and interpreted in accordance with the laws of Texas. Venue for any action or dispute in connection with this Agreement shall be in the District Court of Collin County, Texas.
I UNDERSTAND THAT BY CHECKING THE BOX THROUGH THE RACE ENTRY REGISTRATION AGREEING TO THIS AGREEMENT OR SIGNING THIS AGREEMENT, I AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT ON BEHALF OF MYSELF AND MY CHILD(REN):
SIGNATURES REQUIRED ONLY FOR THOSE REGISTERING THE DAY OF THE EVENT AND NOT REGISTERING THROUGH Race Entry.