I, the undersigned Participant, hereby acknowledge and agree to the following terms and conditions of this Participant Release of Liability Form for 5K Run:
Waiver: The undersigned hereby waives, releases, and discharges Springpark Homeowners Association, Inc., its agents, members, board members, and employees from all liability for any loss or damage whatsoever, including personal injury, death, property damage, medical expenses, and any other type of expense (collectively “damages”), whether caused by the active or passive negligence of Springpark Homeowners Association, Inc., while the undersigned is in, upon or about the Property.
Indemnification and Hold Harmless: The undersigned agrees to release, hold harmless, defend and indemnify Springpark Homeowners Association, Inc., its agents, members, board members, and employees from any and all liability for any loss, injury, and/or damages arising out of the use of the Property. The undersigned further agrees to indemnify and hold Springpark Homeowners Association, Inc. harmless from any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorney’s fees, arising out of the undersigned’s use of the Property.
Severability and Construction: The undersigned expressly agrees that this Participant Release of Liability Waiver agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Texas, and that if any portion thereof is held to be invalid, it is agreed that the balance of this waiver shall continue in full legal force and effect. As context may require, all use of the singular form in this waiver shall be construed to include both the singular and the plural, and also, the plural form of any word in this waiver shall be construed to include both the plural and the singular.
Adherence to HOA Rules: The undersigned further agrees to adhere to the rules and regulations of the Springpark Homeowners Association, Inc and to be responsible for any damages to the Property that are a result of any action(s) of the undersigned. The undersigned acknowledges that Springpark Homeowners Association, Inc reserves the right to revoke the undersigned’s access to the Property at any time.
Acknowledgment of Understanding: The undersigned certifies that they have read and voluntarily sign this Participant Release of Liability Waiver, and further agrees that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.