RELEASE OF LIABILITY, INDEMNITY AGREEMENT, AND ASSUMPTION OF RISKS The undersigned, on their behalf, and on behalf of their minor children that are participating in Saint Marys’ Hall 5K Run for the Hall and Health Expo, (“SMHRun”), (collectively “Participant” whether one or more), in consideration for, and as condition to, being permitted to participate in SMHRun, Participant hereby agrees and covenants to Saint Mary’s Hall, Inc. that: 1. This Release of Liability and Acknowledgement and Acceptance of Risks (“Release”) inures to the benefit of Saint Mary’s Hall, Inc., Personal Best Events, LLC and each of its, members, officers, directors, employees, representatives, agents, successors, and assigns, (all such parties being collectively referred to herein as “Saint Mary’s Hall, Inc.”). 2. Participant is fully aware of the potential risks involved and hazards connected to participating in SMHRun, including medical emergencies. Accordingly, the Participant elects to voluntarily participate in SMHRun with full knowledge that participation in the SMHRun may be hazardous to the Participants. The Participant voluntarily assumes full responsibility for any risk of loss, property damage, or personal injury that may be sustained by Participant or any loss or damage to property owned by Participant, as a result of participating in the SMHRun. 3. Participant hereby consents to the rendering of emergency first aid and other medical procedures which at the time of any injury or illness that may occur during SMHRun that Saint Mary’s Hall, Inc. deems reasonably advisable. Participant further understands that Participant will be responsible for payment of any such medical procedures. 4. Participant hereby releases and discharges Saint Mary’s Hall, Inc. from, and agrees to indemnify and hold Saint Mary’s Hall, Inc. harmless against, any and all claims, demands, liabilities, lawsuits, actions, causes of action, losses, expenses, damages, or costs (together, “Claim”) based on, arising out of, or relating to Participant’s participation in SMHRun. 5. Participant further covenants not to sue, and not to make any claim or bring any lawsuit or action against, Saint Mary’s Hall, Inc. based on, arising out of, or relating to his or her participation in the SMHRun. 6. PARTICIPANT AGREES THAT HE OR SHE HAS READ THE FOREGOING RELEASE IN ITS ENTIRETY, FULLY UNDERSTANDS ITS CONTENTS, AND UNDERSTANDS AND ACKNOWLEDGES THAT HE OR SHE IS WAIVING OR RELEASING IMPORTANT RIGHTS AND CLAIMS BY EXECUTING THIS RELEASE. Participant, acknowledges that he or she is over 18 years of age and is of sound mind as of the date hereof. This agreement has been voluntarily executed with full knowledge of its significance and with the intent to bind the Participant and his or her heirs, estate, executors, administrators and successors to the terms and conditions hereof. This release shall be governed by the laws of the state of Texas, for purposes of venue this release shall be determined to be entered into and performable in San Antonio, Texas. 7. Photography Release: By participating in SMHRun, Participant, understands and agrees that they may be photographed, filmed or otherwise recorded. Participation in SMHRun constitutes Participant’s consent to such photography, filming, or recording and Participant hereby permits Saint Mary’s Hall, Inc. to use the same, royalty free, in any and all media, print, broadcast or otherwise, in Saint Mary’s Hall, Inc.’s sole discretion for the purpose of promoting the SMHRun program.
