I being a volunteer for the 2015 Calpine Elves on the Run (“Eventâ€) therefore accept all of the following waiver conditions on behalf of myself intending to be legally bound for myself, my heirs, executors and administrators, and waive and release any and all rights and claims for damages I may have against Calpine Corporation, Luke's Locker, the City of Houston, the Heritage Society, Be An Angel and the officials and sponsors of the Event and their respective successors, and assigns (collectively, the “Released Partiesâ€) for any and all injuries suffered by me in relation to this Event. I agree to indemnify, defend and hold harmless the Released Parties from any and all claims, causes of action, damages, losses (economic and non-economic) and liabilities of every kind (collectively, “Claimsâ€), including but not limited to expenses incurred, attorney’s fees and litigation expenses, arising out of or resulting from, directly or indirectly, in whole or in part, (i) my breach or failure to abide by any part of this Waiver Agreement (ii) and/or my actions or inactions which cause injury or damage to any other person and/or (iii) the death, personal injury, or property damage which may arise out of, result from, or relate to my participation in, or my traveling to or from the Event, including but not limited to any Claims for theft, damage to any equipment, negligence, partial or permanent disability, Claims relating to the provision of first aid, medical care, medical treatment, or medical decisions (at the Event or elsewhere), and any Claims for medical or hospital expenses.
I acknowledge that I am aware of the inherent risk of volunteering at an athletic event of this type. I understand that I will be volunteering at the Event at my own risk, that I am responsible for the risk of volunteering at the Event, and that I am waiving and releasing my legal rights to sue for any injury or damages arising out of or resulting from my volunteering in the Event. I further understand that any injury or damages incurred may be the result of negligence, omission or carelessness by the Released Parties. I attest that I am physically fit and a licensed medical doctor has verified my physical condition. I COVENANT and AGREE NOT TO SUE any of the Released Parties for any of the Claims that I have waived, released, or discharged herein.
The parent or legal guardian who signs the Waiver Agreement on behalf of a minor, incapacitated and/or mentally challenged person (hereinafter, “Said Personâ€), hereby acknowledges that he or she has the legal capacity and authority to act on behalf of Said Person to legally bind Said Person to the Waiver Agreement. The parent or legal guardian who signs the Waiver Agreement agrees to indemnify, defend and hold harmless the Released Parties for any expenses incurred, Claims made, or liabilities assessed against them, as a result of any insufficiency of legal capacity or authority to act on behalf of Said Person in the execution of the Waiver Agreement.
If any provision of this Waiver Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Waiver Agreement and shall not affect the validity and enforceability of any remaining provisions.