RELEASE OF LIABILITY AND WAIVER

Participants of the Mustang Pride 5k must agree to the following:

THIS IS A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS DEPRIVING YOU OF THE RIGHT TO SUE. DO NOT SIGN UNLESS READ. SEEK THE ADVICE OF LEGAL COUNSEL

I acknowledge the physical rigors present with 5k events and that they are inherently dangerous and test physical/mental limits. I understand participation involves dangers -serious bodily injury, permanent disability, paralysis/death; property damage; exposure to extreme circumstances; accidents, illness, collisions with natural or manmade objects; dangerous weather conditions; imperfect course conditions; water, road and surface hazards; equipment failure; safety measures; participants of varying skills; situations beyond the control of Organizers; other undefined harm not foreseeable and unknown risks. I understand risks may be caused in whole or in part by my own/my child’s actions/inactions, the actions/inactions of other participants, or the acts, inaction or negligence of the Released Parties defined below, and I hereby expressly assume such risks and responsibility for any damages, liabilities, losses or expenses which are incurred by me or child as to this event.

I represent that I/my child is in proper physical condition and is not using prescription drugs impairing ability to safely participate. I agree that it is my sole responsibility to determine myself/child ability to participate. I will learn and abide by the Rules . I have instructed my child of the risks and how to be safety conscious. I hereby acknowledge that I have or will, before event, inspect the course to be used and agree that my/child’s participation constitutes acknowledgment that the course, facilities and equipment have been inspected and I deem they are safe for participation by me/child. I also accept responsibility for my/child’s actions during the event. I acknowledge that my child and I are responsible for my/my child’s personal possessions and athletic equipment during the event. I consent to me/ my child receiving medical treatment which may be deemed advisable by the on-site personnel in the event of injury, accident and/or illness during the event.

I hereby Release, Waive and Covenant Not to Sue, and further agree to indemnify, Defend and Hold Harmless any party involved in the event, including: the Event Organizers and Promoters, Southwestern Education Foundation, Southwestern School District, Penn Township, Sponsors, Advertisers, Venue and Property Owners, Police, Fire, Safety and others providing support, and each of their parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, board, agents, employees and volunteers (Individually and Collectively, the “Released Parties”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and reasonable attorneys fees) of any kind or nature which may arise out of, result from or relate to my/my child’s participation in the event, including claims for Liability and any and all claims or causes of action I and/or child may have for damages for personal or bodily injury, disability, death, loss or damage to person or property, whether arising from the negligence of any or all of the released parties, to the fullest extent permitted by law, whether caused in whole or in part by the negligence of the released parties. I will indemnity, defend and hold harmless the released parties from Liability which any may be incurred as the result of such claim.

I hereby state that I have read this Agreement carefully, understand its terms, realize that I will be giving up substantial legal rights by signing it (including the rights of the minor, my spouse, children, parents, guardians, heirs and next of kin, any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have signed this Agreement freely, without any inducement, assurance or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditionals and provisions of this Agreement as well as that of child’s other parent. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations have been made apart from this Agreement. If any provision is held for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

I hereby accept and agree to all of the terms and conditions of this Agreement in connection with my/ my child’s participation in the Event. All parents/guardians of the child have signed this document. If, despite this Agreement, I, or anyone on the minor’s behalf, makes a claim for Liability against any of the Released Parties, I will indemnity, defend and hold harmless each of the Released Parties from any such Liabilities which any may be incurred as the result of such claim. I further expressly agree that the foregoing agreement is intended to be as broad and inclusive as is permitted by the law of the State of Pennsylvania.