Ascension Seton Austin CAPTEX Triathlon
RELEASE OF LIABILITY AND ASSUMPTION OF RISK
The individual named below (referred to as "I". “you” or "me") desires to participate in Austin CAPTEX Triathlon and associated activities (whether singular or plural, herein referred to as the "Activities") provided by Super League, Inc., a Delaware corporation with offices located at 53 State Street, Suite 500, Boston, MA 02109 (the "Company"). In consideration of participating in the Activities and receipt of associated benefits of that participation and in recognition of the Company's reliance hereon, I agree to all the terms and conditions set forth in this instrument (this "Release").
I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE POTENTIALLY DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. SUCH INJURIES INCLUDE, BUT ARE NOT LIMITED TO, PERMANENT DISABILITY, PARALYSIS, BRAIN DAMAGE, HEART ATTACKS, STROKES, HEAT STRESS AND HEAT STROKE, DEHYDRATION, TORN MUSCLES AND LIGAMENTS, BROKEN BONES, SPRAINS, AGGRAVATION OF PRE-EXISTING CONDITIONS, CONTRACTION OF DISEASES OR ILLNESS, AND HYPOTHERMIA AND FROSTBITE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE ACTIVITIES, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE. I ACKNOWLEDGE THAT INJURIES MAY BE INCURRED DURING THE ACTIVITY FROM TRIPPING, FALLING DOWN, SLIPS, CONTRACTION FROM INFECTIOUS DISEASES, DROWNING, CONTACT OR COLLISION WITH PERSONS, ITEMS, STROLLERS, AND VEHICLES ON THE COURSE, DANGER FROM ADVERSE WEATHER, ROAD OR SURFACE HAZARDS, IMPROPERLY OR UNMARKED TRAILS, ENCOUNTERS WITH WILD AND DOMESTIC ANIMALS, INADEQUATE SAFETY MEASURES, CRIMINAL ACTIVITIES, THEFT OF PROPERTY, FAILURE OF COURSE EQUIPMENT, AND LOSS OR SEPARATION FROM THE ACTIVITIES, FAILURE TO STOP PARTICIPATION IN THE ACTIVITIES FOLLOWING THE TIME LIMIT FOR THE ACTIVITIES.
I hereby expressly waive and release any and all claims, now known or hereafter known in any jurisdiction throughout the world, against the Company, Company’s Sponsors, Company’s Agents, Company’s Vendors, Company’s Subcontractors, Company’s Activities Operators,and each of the foregoing’s officers, directors, managers, employees, agents, affiliates, shareholders, successors, and assigns (collectively, "Releasees"), on account of injury, disability, death, or property damage arising out of or attributable to my participation in the Activities, whether arising out of the negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, willful and wanton misconduct, or any other liabilities that Texas law does not permit to be released by agreement.
I shall defend, indemnify, and hold harmless the Releases against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by/awarded against the Releases in a final non-appealable judgment, arising out of or resulting from any claim of a third party related to my participation in the Activities, including any claim related to my own negligence or the negligence of any of the Releases.
I hereby consent to receive from any licensed hospital, physician, or medical personnel for any medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activities. I authorize the Activities staff or other medical personnel to transport me to a medical facility if deemed necessary. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I represent that I am healthy enough to engage safely in the Activities and I have had an opportunity to talk to a doctor prior to the Activities.
This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company and me and their respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction). Any electronic signature, whether encrypted or signed, scanned, and uploaded, is considered valid and effectively binds the signatory to the Release. An electronically signed document, including the Release, will be deemed (i) “written” or “in writing”, (ii) signed, and (iii) constitutes a record established and maintained in the ordinary course of business and an original written record when printed from electronic files Company or its agents may take photographs, audio or video recordings, or testimonial accounts that may contain the name, image, voice, likeness or account of me during the Activities (“Images”). I hereby irrevocably consent to and grant Company the exclusive, worldwide, perpetual, royalty-free and otherwise unlimited right to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose, and commercialize any and all such Images (and the right to sublicense such images through unlimited levels of sub-licensees) in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction or notification, and without compensating me in any way, and to authorize others to do the same. Without limiting the foregoing, I hereby consent to Company’s use of the Images for commercial and promotional use, including on social media. Company may change, modify, rearrange, add, delete or otherwise alter such Images. I waive any right to inspect, approve, or edit such Images as used by Company. I have been advised and understand that Outside Interactive, Inc. (operating under its FinisherPix brand) collects, retains, uses, analyzes, and shares with its vendors (exclusively for the limited purposes necessary to provision its services) the Images using facial recognition software. This software is used to offer you the opportunity to acquire photographs of your participation in the Activities on its website, FinisherPix.com (the “Services”). Where applicable, under relevant laws, this use of facial recognition technology may constitute the collection of your biometric identifier or biometric information. By signing this Release, I consent to: (a) the collection, use and storage of a scan of face geometry by FinisherPix and its relevant vendors; and (b) FinisherPix disclosing any scan of face geometry to its vendors for use, analysis and storage solely for the purposes of FinisherPix’s performance of the Services, and for no other reason. The consents provided herein may be revoked at any time by contacting FinisherPix in writing at support@finisherpix.com and notifying them of such revocation.
PARENT OR GUARDIAN AGREEMENT: If I am the parent or legal guardian of a participant under the age of 18, (“Minor Participant”), I acknowledge and represent to Company that I have the right and authority to make decisions concerning the care, custody and control of each Minor Participant, including but not limited to the right and authority to execute this Release on the Minor Participant’s behalf. By signing this Release, I am binding each of my Minor Participant to its terms, including but not limited to all of the provisions in this Release. If I, or anyone on the minor’s behalf, makes a claim against any of the Releases, I will indemnify, defend and hold harmless each of the Releases from any such liabilities which any may be incurred as the result of such claim. Such Minor Participant includes any children pushed in strollers during the Activities. Company will make no inspection or certification of any stroller used by you or a Minor Participant for the Activities.