RunTex, Inc.s Participant Release and Waiver Agreement
I ACKNOWLEDGE THAT BY SIGNING THIS DOCUMENT, I AM RELEASING RUNTEX, INC., ITS OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, VOLUNTEERS, AFFILIATES, AND/OR ANYONE ACTING FOR OR ON BEHALF OF RUNTEX, INC, (COLLECTIVELY "RUNTEX AND OTHER RELEASEES") FROM LIABILITY. THIS RELEASE IS A CONTRACT WITH LEGAL CONSEQUENCES. I HAVE BEEN ADVISED TO READ IT CAREFULLY BEFORE SIGNING. In consideration of the RunTex, Inc.s (RunTex) allowing me to participate in the event and/or training program(s) and/or RunTexs providing services related to such event, training or programs, I hereby freely agree to and make the following contractual representations and agreements:
I acknowledge that running and competing in running events and training programs are strenuous and inherently dangerous activities and often occur in public areas with other activities, persons, vehicles, and/or other moving objects being present or nearby, and fully realize the dangers of participating in such activities; and I FULLY ASSUME RESPONSIBILITY FOR AVOIDING SUCH RISKS AND FOR THE RESULTS OF ANY AND ALL RISKS ASSOCIATED WITH SUCH PARTICIPATION INCLUDING, by way of example, but not limited to, the following: the dangers of collision with pedestrians, vehicles, other racers, and fixed or moving objects, the dangers arising from surface hazards, equipment failure, inadequate safety equipment, my own negligence, weather conditions, interference from third parties or other entities, and the possibility of serious physical and/or mental trauma or injury associated with athletic running or other competition.
I hereby take the following action for myself, my executors, administrators, heirs, next of kin, successors, and assigns, or anyone else who might claim or sue on my behalf, and I expressly acknowledge that it is my intent to take these actions: (a) I AGREE that prior to participating in an event and/or and training programs I am responsible for and will inspect the event and/or training course, facilities, equipment, and areas to be used and if I believe any are unsafe I will immediately advise the person supervising the event activity facilities or area and I will not participate any further until the unsafe condition is remedied; (b) I waive, release, AND DISCHARGE from any and all claims, losses, or liabilities for death, personal injury, partial or permanent disability, property damage, medical or hospital bills, theft, or damage of any kind, including economic losses, which may in the future arise out of or related to my participation in the program and related activities and events, THE FOLLOWING PERSONS OR ENTITIES: RUNTEX, INC., ITS OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, VOLUNTEERS, AND/OR ANYONE ACTING FOR OR ON BEHALF OF RUNTEX, INC, EVEN IF SUCH CLAIMS, LOSSES, OR LIABILITIES ARE CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF THE PERSONS I AM HEREBY RELEASING OR ARE CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF ANY OTHER PERSON OR ENTITY; (c) I acknowledge and assume the risks of participating in the training program and related activities, including, but not limited to falls, contact and/or effects with other participants, effects of weather including heat and/or humidity, defective equipment, the condition of the venues, and any hazard that may be posed by spectators or volunteers. All such risks being known and appreciated by me, (d) I INDEMNIFY AND HOLD HARMLESS RUNTEX AND OTHER RELEASEES from any and all claims made or liabilities assessed against them as a result of: (i) my actions or inactions: (ii) the actions, inactions or negligence of others including those parties hereby indemnified: (iii) the conditions of the facilities, equipment or areas where the training program, event, or activity is being conducted (iv) any other harm caused by occurrence related to any event sanctioned by or in any manner provided by RUNTEX AND OTHER RELEASEES; and (g) I grant permission to RunTex for the use of my name and/or likeness relating to my participation in the events covered by this document and any related events or activities that occur during the term of this agreement, and I WAIVE all right to any future compensation to which I may otherwise be entitled as a result of the use of my name or likeness by RunTex.
I AGREE THAT THE INDEMNIFICATION, RELEASE, WAIVER OF LIABILITY, AND ALL RELATED PROVISIONS IN THIS DOCUMENT SHALL BE APPLICABLE WHETHER OR NOT THE LOSSES, COSTS, EXPENSES, AND DAMAGES IN QUESTION AROSE SOLELY OR IN PART FROM THE ACTIVE, PASSIVE OR CONCURRENT NEGLIGENCE, OR STRICT LIABILITY OF RUNTEX, INC., ITS OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS, OR ANYONE ACTING FOR OR ON BEHALF OF RUNTEX, INC. THE UNDERSIGNED ACKNOWLEDGES THAT THIS STATEMENT COMPLIES WITH THE EXPRESS NEGLIGENCE RULE AND IS CONSPICUOUS.
IN THE EVENT THAT ONE OR ANY PART OF THE PROVISIONS OF THIS AGREEMENT IS FOUND TO BE UNENFORCEABLE IN WHOLE OR IN PART, THE REMAINDER OF THE AGREEMENT SHALL BE FULLY ENFORCED TO THE FULLEST EXTENT PERMISSIBLE BASED UPON ANY NECESSARY CONSTRUCTION TO ENFORCE AND APPLY THE INTENT OF THIS AGREEMENT.
I HEREBY AFFIRM THAT I AM EIGHTEEN (18) YEARS OLD OR OLDER, I HAVE
READ THIS DOCUMENT, AND I UNDERSTAND ITS CONTENTS AND THAT I HAVE BEEN OFFERED A COPY FOR MY OWN RECORDS. THIS AGREEMENT WILL BE BINDING ON MYSELF AN MY HEIRS AND IS VALID THROUGHOUT MY PARTICIPATION IN ANY AND ALL RUNTEX TRAINING PROGRAMS AND OTHER RUNTEX EVENTS OR ACTIVITIES IN WHICH RUNTEX PARTICIPATES, AND SHALL NOT TERMINATE PRIOR TO THE YEAR 2010.
Name (print): Date:
Signature:
[(Must be signed if participant is under 18 years old)]
I am the parent or guardian of (Child). My Child is fit for participating in the activities and programs covered by this document, and I consent to my Child's participation in the training program, event, race, and/or related activities. I HAVE READ AND I UNDERSTAND THE ABOVE RELEASE AND WAIVER AGREEMENT. In consideration of allowing my Child to participate, I consent to it and agree that ITS TERMS SHALL LIKEWISE BIND ME, MY CHILD, my heirs, legal representatives, and assignees. I HEREBY RELEASE AND SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS RUNTEX, INC., ITS OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, VOLUNTEERS, AND/OR ANYONE ACTING FOR OR ON BEHALF OF RUNTEX, INC, ("RunTex and Other Releasees") FROM EVERY CLAIM AND ANY LIABILITY that I or my Child may allege against the RunTex and Other Releasees (including reasonable attorney's fees or costs) as a direct or indirect result of injury to me or my Child because of my Child's participation in the training program, race, event, and/or related activities, WHETHER CAUSED BY THE NEGLIGENCE OF RUNTEX AND OTHER RELEASEES or others. I PROMISE NOT TO SUE RunTex and Other Releasees on my behalf or on behalf of my Child regarding any claim arising from my Child's participation.
Date: Signature of parent/guardian: