RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT VIRTUAL SPOOKY TROT 5K

PLEASE READ THE FOLLOWING RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT (“AGREEMENT”), AS IT AFFECTS YOUR FUTURE LEGAL RIGHTS. BY PROCEEDING WITH REGISTERING FOR THE EVENT, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE CAREFULLY READ THIS AGREEMENT AND AGREE TO THE TERMS SET FORTH BELOW.

This Release and Waiver of Liability and Indemnity Agreement is entered into for and in consideration of the undersigned individual’s participation in the Virtual Spooky Trot 5k sponsored by Dallas College (“College”) during the week of October 26, 2020 to October 31, 2020 (the “Event”). I, the undersigned individual, (hereinafter “Participant”), am an adult who is eighteen years of age or older, I am fully competent to sign this Agreement and I affirm, acknowledge, and voluntarily agree to the following:

1. I am fully aware of the risks and hazards, known or unknown, connected with my participation in the Event which gives me or those that I sponsor, the ability to participate whenever, wherever, and however I choose. I understand that there is always a risk of injury when participating in exercise activities and, understandably, not all hazards and dangers can be foreseen. I understand that such risks may include, but are not limited to, severe bodily injury and death. I hereby elect to voluntarily participate in the Event with full knowledge that my participation may be hazardous to me and my property, and to the person and property of others.
2. I agree that I will not hold the College responsible or liable for my choice of race venue which may result in injury or death to self or damage to my personal property or the person or property of others. I acknowledge that the College is not responsible for providing health insurance and is not obligated to pay any legal fees and/or medical expenses related to injuries or illnesses that may arise from my participation in this Event or any activity associated with or facilitating my participation in the Event.
3. I UNDERSTAND AND ACKNOWLEDGE THAT COLLEGE IS NOT RESPONSIBLE FOR MY CONDUCT AND SAFETY. I KNOW THAT THIS EVENT IS A POTENTIALLY HAZARDOUS ACTIVITY AND I HEREBY VOLUNTARILY ASSUME FULL AND COMPLETE RESPONSIBILITY FOR ANY INJURY OR ACCIDENT WHICH MAY OCCUR DURING MY PARTICIPATION IN THIS EVENT. TO THE FULLEST EXTENT PERMITTED BY LAW, I HEREBY RELEASE, WAIVE, HOLD HARMLESS AND COVENANT NOT TO FILE SUIT AGAINST THE COLLEGE, ITS GOVERNING BOARD, OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, OR OTHERS ACTING ON BEHALF OF THE COLLEGE (THE “RELEASED PARTIES”) FROM ANY AND ALL LOSSES, DAMAGES, LIABILITIES OR OTHER CLAIMS AND CAUSES OF ACTION WHATSOEVER THAT I MAY HAVE ARISING OUT OF MY PARTICIPATION IN THIS EVENT, INCLUDING PERSONAL INJURY, DEATH OR DAMAGE SUFFERED BY ME, MY PERSONAL PROPERTY OR OTHERS, WHETHER THE SAME BE CAUSED BY FALLS, CONTACT WITH OTHER PARTICIPANTS, CONDITIONS OF THE COURSE, NEGLIGENCE OF THE RELEASED PARTIES AND REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE. I AGREE THAT, IN THE EVENT ANY PERSON BRINGS ANY CLAIM OR ACTION INDIVIDUALLY OR ON MY BEHALF, RELATED TO ANY INJURY OR LOSS SUFFERED BY ME AS A RESULT OF MY PARTICIPATION IN THE EVENT, THAT I WILL INDEMNIFY THE RELEASED PARTIES AGAINST SUCH CLAIMS, INCLUDING THE PAYMENT OF ATTORNEY FEES.
4. I fully acknowledge that I am solely responsible for any injury, loss, or damage to property, to myself and/or to others. I fully recognize that the liabilities, claims, suits, demands, and causes of action which I am waiving have not yet arisen, and I am making this agreement as a promise to waive any and all said liabilities, claims, suits, demands, and causes of action if and when they do arise in the future, with said agreement supported by the consideration of allowing me to participate in the Event. If the participant is a minor or incapacitated adult, I hereby certify that I am the participant's parent or guardian and agree to this waiver and release from liability on behalf of the participant.
5. It is my express intent that this Agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased.
6. I hereby further agree that this Agreement shall be construed in accordance with the laws of the State of Texas and that any mediation, suit, or other proceeding must be filed or entered into only in the federal or state courts of Dallas County, Texas. Any portion of this document deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the remaining provisions.
7. I understand that the Event may be cancelled by conditions outside of the control of the College for the safety and well-being of participants and the community; such as severe weather, civil unrest, epidemics/pandemics, bans on public gatherings, threat of terrorism, or other unforeseen circumstances that would make the Event non-viable
8. I hereby irrevocably grant the College permission to record my voice and photograph in conjunction with the Event. I understand and agree that the term “photograph” as used herein encompasses both still photographs and video recordings. I further grant the College permanent permission to use my photograph, voice, and likeness taken in conjunction with the Event, in any form, including edited versions, in or over any medium including without limitation streaming audio and/or video over the internet, broadcast, cable, satellite transmissions, and media that are unknown at this time, worldwide for any legal purpose including, without limitation, any commercial purpose, without compensation to me. I further waive any right of inspection or approval of any such recordings and photographs. I understand that any such recordings or photographs shall become the sole property of the College.

BY REGISTERING FOR THIS EVENT, I ACKNOWLEDGE AND REPRESENT THAT I have read this Release and Waiver of Liability 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 accept this Agreement freely and voluntarily and that by registering, I agree to a complete and unconditional release of all liability to the greatest extent allowed by law.