I, ____________________, the undersigned, on behalf of myself, representatives, assigns, successors, administrators and anyone else claiming by or through me, hereby expressly release, discharge, hold harmless from, and waive any and all claims my minor child or my representatives or heirs may have against Sheriff Eddie Cathey, his employees, agents, servants, contractors, or assigns, and Union County, its elected officials, employees, agents, servants, contractors, and assigns (hereinafter collectively “the Released Parties”), either now or in the future as a consequence of any injuries, death, loss, or property damage arising out of, or connected in any way with my participation in the Union County Sheriff’s Office 5K Race.
I agree that I wish to participate in the Union County Sheriff’s Office 5K Race of my own free will and accord, fully understanding that there are inherent risks of personal injury and loss of personal property associated with said participation. Accordingly, I agree that I accept all risks, known and unknown to me, associated with participation in the Union County Sheriff’s Office 5K Race. I further understand and agree that my participation in the 5K Race is of direct benefit to me and constitutes valuable consideration that is not a mere recital.
In furtherance of accepting the risks of loss associated with I or my minor child’s participation in the Union County Sheriff’s Office 5K Race, I do hereby agree that I will never institute any lawsuit or action at law, in equity, or otherwise (or permit such to be brought in my name or my estate’s name, including claims for wrongful death) against any of the Released Parties, that may have either now or at any time in the future by reason of any loss or injury (including death) to myself or my property arising from my participation in the Union County Sheriff’s Office 5K Race.
In the event of a breach of this Agreement by me, my minor child, heirs, Estate or anyone acting on my behalf, I agree and warrant that I will be liable to pay, and will pay, each of the Released Parties their actual attorney’s fees, court costs, and other expenses caused by such breach and will otherwise make them whole for any and all sums of money they have to expend because of a breach of this Agreement, and I will otherwise be liable as provided by law. I also agree and represent that if I, my heirs, representatives, or anyone acting for or on my behalf files or threatens to file suit against any of the Released Parties for any claim that is or may be barred and/or relinquished by this Agreement, such shall constitute a material breach of this Agreement. Notwithstanding the foregoing remedies for such a breach, I agree and warrant that the existence of such remedies in favor of the Released Parties in no way deprives them of their rights under this Agreement or law including their right to have any such suit or claim I, or those acting through me may bring against them barred or dismissed based on the releases and waivers set forth in this Agreement.
I hereby state that I am of lawful age (18 years of age or older), legally competent to execute this Agreement, and further understand that the terms contained herein are contractual in nature, and not a mere recital and that I have executed this Agreement of my own free will.
I have carefully read this Agreement and fully understand and agree to be bound by its contents. I am aware that by signing this contract I am giving up important legal rights and it is my intention to do so freely and without coercion or duress of any type, and that by signing I do hereby acknowledge that I have been advised to seek the advice of independent legal counsel prior to signing and that I have either done so or expressly waive my right to do so.