Release and Waiver of LiabilityIN CONSIDERATION of being permitted to participate in any way in the Branson Turkey Trot 5K sponsored by the Ozarks Running Club (“Activity”) I, for myself, my personal representatives, assigns, heirs, and next of kin:1. ACKNOWLEDGE, agree, and represent that I understand the nature of Running/Walking Activities and that I am qualified, in good health, and in proper physical condition to participate in such Activity. I further acknowledge that the Activity will be conducted over public roads and facilities open to the public during the Activity and upon which the hazards of traveling are to be expected. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity.2. FULLY UNDERSTAND, that (a) RUNNING/WALKING ACTIVITIES INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY. PARALYSIS AND DEATH (“RISKS”); (b) these Risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the activity, the condition in which the Activity takes place, or THE NEGLIGENCE OF THE “RELEASEES” NAMED BELOW; (C) there may be OTHER RISKS AND SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation in the Activity.3. HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE the Ozarks Running Club, their respective administrators, directors, agents, officers, volunteers, and employees, other participants or any sponsors, advertisers and, if applicable, owners and lesser or premises on which the Activity takes place, (each considered one of the “RELEASEES” herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED ORALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE “RELEASEES” OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS; AND I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any of the Re-leases, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which any may incur as the result of such claim.I HAVE READ THIS AGREEMENT, I FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWTHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT. RELEASE, WAIVER AND HOLD HARMLESS AGREEMENTTo the maximum extent permitted by law, the undersigned (the “Releasing Party”), hereby agrees to release and hold harmless Bayer Properties, L.L.C., HCW Private Development, LLC and their affiliates, and each of their respective owners, officers, managers, members, directors, trustees, employees, shareholders and agents (hereinafter collectively referred to as the "Released Parties") from and against any and all liabilities, claims, losses, damages and expenses, including, but not limited to, attorneys’ fees, arising out of, or connected with the Releasing Party’s acts or omissions, the Releasing Party’s use and occupancy of, presence at, or any participation in events at the development commonly known as Branson Landing (the “Property”). The Releasing Party acknowledges and agrees that the Releasing Party has been granted no right to occupy or use any portion of the Property and will immediately leave the Property, upon the request by any representative of Bayer Properties, L.L.C. The Releasing Party agrees not to sue the Released Parties for any actions, causes of action, claims or damages, damages in law, or remedies in equity of whatever kind, including, without limitation, the negligence of any or all of the Released Parties, arising out of the Releasing Party’s use and occupancy of, presence at, or any participation in events at the Property. In short, the Releasing Party can neither sue nor collect any money from the Released Parties. In addition to the foregoing, to the maximum extent permitted by law, the Releasing Party hereby releases the Released Parties from and against any claim, damage, action, penalty, liability or judgment arising out of any loss, theft, burglary, robbery, damage, fire or other loss caused by casualty, or any other reason, to any of the Releasing Party’s possessions or personal property of any kind, including without limitation, equipment, instruments, supplies, prizes, merchandise or exhibits, which are located in the Shopping Center.ActNow Promotions Waiver: I understand running is a potentially hazardous activity. I should not enter and participate unless I am physically fit, mentally able and properly trained. I agree to abide by any decision of the race officials relative to my ability to safely complete the run. I certify I am in good health and properly trained to run the distance of this race. I assume all risks associated with running in this event, all risks being known and being appreciated by me. I understand my entry fee is non-refundable. Having read this waiver and knowing these facts, and considering your accepting my entry into this running event, I, for myself and my estate, heirs, survivors, descendants and anyone on whose behalf I may act (including all minor children and charges and their estates heirs and survivors), do hereby permanently and forever completely give up, surrender, waive, release and terminate any and all claims or liabilities of any kind, arising in tort, contract or otherwise, against ActNow Promotions/Racing, and their respective officials, directors, trustees, agents, volunteers, employees, sponsors and affiliates arising from my participation in this event, including but not limited to claims arising out of past or future negligence or carelessness on their part. I hereby consent to the use of image in photographs, videos and other recordings for promotional purposes.Registration fees are nonrefundable.
