Run Local powered by Germania Insurance

PARTICIPANT WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

For and in consideration of Germania Farm Mutal Insurance Association (“Germania”) allowing me, the registrant, to participate in the Run Local powered by Germania Insurance

sanctioned event I am registering for herein (the “Event” or “Events”); I, for myself, and on behalf of my spouse, children, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement (the “Agreement”);

I hereby represent that (i) I am at least eighteen (18) years of age (or this Agreement is also agreed to by my parent, natural guardian, or legal guardian (the “Guardian”)); (ii) I am in good health and in proper physical condition to participate in the Event; and (iii) I am not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in the Event. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Event, that I am responsible for my own safety and well-being at all times and under all circumstances while at the Event site.

I agree to be familiar with and to abide by the Rules and Regulations established for the Event and any safety regulations established for the benefit of all participants. I accept sole responsibility for my own conduct and actions while participating in the Event, and the condition and adequacy of my equipment.

I understand and acknowledge that participation in the Event is inherently dangerous and represents a test of a person’s physical and mental limits. I understand and acknowledge the risks and dangers associated with participation in the Event, including without limitation, the potential for serious bodily injury, sickness and disease (including communicable disease), permanent disability, paralysis and loss of life; loss of or damage to equipment/property; exposure to extreme conditions and circumstances; contact with other participants, spectators, animals or other natural or manmade objects; imperfect course or track conditions; land, water and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Event Organizers; and other undefined, not readily foreseeable and presently unknown risks and dangers (“Risks”). I understand that these Risks may be caused in whole or in part by my own actions or inactions or the actions or inactions of others participating in or organizing the Event, and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I incur as a result of my participation in any Event, except to the extent caused by the gross negligence and/or willful misconduct of any of the Released Parties.

I hereby release, waive and covenant not to sue, and further agree to indemnify, defend and hold harmless the following parties, as relevant and applicable in each instance: Germania, and their partners, directors, officers, shareholders, managers, employees, agents; the event directors, the host organization, venue and property owners or operators upon which the Event takes place; and any other organizers, promoters, sponsors, advertisers, and volunteers for this Event; law enforcement agencies and other public entities providing support for the Event; and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers (Individually and collectively, the “Released Parties” or “Event Organizers”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and attorneys’ fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate in any way to my participation in the Event, except to the extent caused by the gross negligence and/or willful misconduct of any of the Released Parties. I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liabilities which may be incurred as the result of such claim, except to the extent caused by the gross negligence and/or willful misconduct of any of the Released Parties, as relevant and applicable in each instance.

As a condition of my participation in the Event, I hereby grant Germania, the event director and host organization a limited license to use my name, likeness, image, photograph, voice, video, athletic performance, biographical and other information (collectively, “Likeness”), in any media platform or format whatsoever. I agree to receive mailings from Germania which does not obligate me to purchase any insurance related product. 

I understand that all entries are final, with no refunds or transfers, and that the Event organizers reserve the right in the event of an emergency or local or national disaster to cancel the race or to change the day and/or time of any Event and that there is no refund of entry fees.  

I authorize the Event Organizers to secure emergency medical care or transportation for me, if in their reasonable judgment, such care is necessary due to illness, injury, or accident occurring during the Event. I understand that I am solely responsible for all costs associated with such medical care, treatment, and transportation. 

The event Organizers reserve the right, in their sole discretion, to deny entry to or remove any participant whose behavior is unsafe, disruptive, illegal, abusive, or otherwise inconsistent with the rules and spirit of the Event. No refund shall be required in such circumstances. 

This Agreement shall be governed by and interpreted under the laws of the Sate of Texas. Any dispute arising out of or related to this Agreement or the Events shall be brought exclusively in a court of competent jurisdiction located in Washington County. 

If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. 

The undersigned custodial parent or legal guardian acknowledges that he/she is also signing this release on behalf of the minor participant, that he/she is waiving certain rights on behalf of the minor participant that the minor participant otherwise may have and that the minor participant shall be bound by all of the terms of this release. By signing this waiver and release without a parent’s or guardian’s signature, the participant represents he/she is at least 18 years of age, or, if signing as the parent or guardian of the participant, signer represents they are the custodial parent or legal guardian of the minor participant.

I HAVE READ THIS AGREEMENT CAREFULLY. I UNDERSTAND THAT I AM GIVIING UP CERTAIN LEGAL RIGHTS, INCULDING THE RIGHT TO SUE THE RELEASED PARTIES FOR ORIDINARY NEGLIGENCE. I SIGN THIS AGREEMENT FREELY AND VOLUNTARILY AND INTDED MY SINGATURE TO BE A COMPLETE AND UNCONDITIONAL RELAEASE OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW.