This Waiver, Indemnification and Release of Claims and Liability (“Release”) shall act as an acknowledgment, waiver, and release of claims of the individual/participant/minor (“Participant”) named below. This is an important legal document, and the Participant should carefully read and understand the entire document, because by signing it, the Participant is agreeing to the terms outlined herein.
By signing below, the Participant or Participant’s Parent or Legal Guardian voluntarily agrees and consents to the following:
1. Participant is requesting and desires to participate in either the 1-mile fun run/walk or 5K race (collectively referred to as “Center City Races.”)
2. In consideration of Participant participating in the Center City Races, PARTICIPANT VOLUNTARILY AND KNOWINGLY AGREES THAT PARTICIPANT, with the intention of binding Participant’s representatives, successors, heirs, executors, administrators, assigns, and any affiliated organizations, entities, or parties, expressly RELEASES AND DISCHARGES THE CENTER CITY OF AMARILLO, INC. and its officers, employees, agents, volunteers, representatives, successors, assigns, affiliated organizations, departments, corporations, and parties in privity with CENTER CITY OF AMARILLO, INC., whether named or not named herein, FROM ALL ACTIONS, CLAIMS, AND DEMANDS THAT PARTICIPANT, and Participant’s representatives, successors, heirs, executors, administrators, assigns, and any affiliated organizations, entities, or parties, MAY HAVE OR CLAIM TO HAVE FOR PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, REAL OR PERSONAL, CAUSED BY OR ARISING FROM OR OUT OF, DIRECTLY OR INDIRECTLY OR ASSOCIATED WITH IN ANY WAY, PARTICIPANT’S PARTICIPATION IN THE CENTER CITY RACES, INCLUDING IF CAUSED BY CENTER CITY OF AMARILLO, INC.’S OWN NEGLIGENCE.
3. PARTICIPANT AGREES TO INDEMNIFY AND HOLD HARMLESS CENTER CITY OF AMARILLO, INC. and its officers, employees, agents, volunteers, representatives, successors, assigns, affiliated organizations, departments, corporations, and parties in privity with CENTER CITY OF AMARILLO, INC., whether named or not named herein, FROM ALL CLAIMS FOR COSTS, LOSS OR DAMAGE ON ACCOUNT OF INJURY OR DEATH TO ANY PERSON OR PERSONS OR DAMAGE TO OR DESTRUCTION OF PROPERTY RESULTING OR ARISING FROM OR OUT OF, DIRECTLY OR INDIRECTLY, OR ASSOCIATED WITH IN ANY WAY PARTICIPANT’S RUNNING OR WALKING IN THE CENTER CITY RACES, INCLUDING ANY AND ALL ACTIVITIES ASSOCIATED THEREWITH.
4. Participant acknowledges that if Participant brings a claim against CENTER CITY OF AMARILLO, INC. that is covered by this waiver and release and CENTER CITY OF AMARILLO, INC. employs or utilizes an attorney or attorneys to exercise their rights hereunder, then Participant shall pay the City their reasonable attorney’s fees, costs, and expenses in instituting, preparing, prosecuting, or defending any action or suit resulting from such a claim, whether taxable or otherwise.
5. Participant has carefully read this waiver, indemnification and release of claims and liability and fully understands its contents and terms. Participant is aware that this is a release of liability and an agreement to hold CENTER CITY OF AMARILLO, INC. harmless as stated herein and that this is a legally binding agreement between the Participant and CENTER CITY OF AMARILLO, INC. Participant has voluntarily executed and entered into this agreement and agrees to be legally bound thereby.
