HOUSTON MARATHON COMMITTEE, INC. PARTICIPANT WAIVER
Participation and Release of Liability. In consideration of completing this race entry, you, the applicant, have submitted this form, intending to be legally bound for yourself, your heirs, executors, administrators and assigns (a) hereby waive and release any and all rights, claims and causes of action you have or may have against any Race Organizer (as defined below) that may arise as a result of your participation in the event; and (b) hereby indemnify, defend, and hold harmless any and all Race Organizers from and against any and all injuries, losses, causes of action, liabilities, damages, expenses (including but not limited to, attorney’s fees and court costs) or claims (collectively, “Claims” and individually, a “Claim”) that you have or may have and might arise directly or indirectly from your participation in the event, use of services offered during the event, and/or the condition of the race course, property, facilities or equipment used for the event, regardless of when such Claim may arise including, without limitation, Claims relating to (i) theft, loss or disappearance of property, (ii) bodily injury (including fatality), and (iii) property damage. Participant acknowledges that this release and indemnity agreement shall apply and be enforceable even in the event that the Claim arises from the sole, comparative, concurrent, or contributory fault or negligence of a Race Organizer. For these purposes, a “Race Organizer” is one or more of the following: Houston Marathon Committee, Inc. (HMC), Houston Marathon Foundation, Inc. (HMF), Chevron USA Inc., Chevron Products Company, Aramco Services Company, H. E. Butt Grocery Company, USA Track and Field, the City of Houston, the City of West University Place, all governmental agencies representing the territories in which the event will be held and from which resources (such as, without limitation, fire, police and ambulance personnel) are provided, USATF and World Athletics officials, all medical service providers, all official sponsors, contractors, vendors, and the respective affiliates, subsidiaries, directors, officers, employees, contractors, vendors, agents and volunteers of all of the foregoing, and their respective heirs, executors, administrators, successors and assigns. This definition applies to this event and all associated events leading up to the race for which you are registering.
Assumption of Risk. You understand that by participating in this event associated with this entry that there are potential risks and dangers, both from known risks and unanticipated risks. You participate willingly, voluntarily and in reliance upon your own judgment and ability, and thereby assume all risk of loss, damage or injury (including death) from any cause whatsoever and whether or not caused by the negligence of others.
Acknowledgement of Release and Indemnity. You attest and verify that you have read and understood the Participant Release of Liability provision and that you are aware of, and consent to, the release and indemnification terms contained therein.
Consent to Medical Treatment. You attest and verify that you are physically fit and have or will have sufficiently trained for the completion of this event, and your physical condition has been recently verified by a licensed medical doctor. If you become ill or injured, you give permission for a representative of the Houston Marathon Committee, Inc. to take whatever steps are reasonably necessary to render emergency first aid to you. You also consent to such emergency medical treatment as may be reasonably necessary to ensure your health and welfare including, but not limited to, life saving measures and treatment, hospital care and administration of drugs or medicine under the care of a licensed physician and/or surgeon.
Race Rules. You agree to abide by all rules and policies governing the event. You will not permit your registration to be used by another person and acknowledge that a violation of this rule will subject you and the user to a minimum two-year ban from all Houston Marathon Committee events. You understand that the event occurs on the streets of Houston only during specified times and agree to limit your participation in the event to those specified times. On race day, you agree you will not run on the streets utilized by the event when such streets are open to vehicular traffic. If you fall behind the pace to complete the events within the official time limits, you agree to take race-provided transportation to the finish area.
No Refunds/Transfers. You understand that the race entry fee is nonrefundable and nontransferable. You agree if you are unable to participate in this event, for any reason, the Houston Marathon Committee will not issue any refunds.
Publicity and Photo Release. You hereby grant to the Houston Marathon Committee and its licensees the perpetual worldwide right to promote your participation in all of the Houston marathon events, as well as future and past Houston Marathon events. Such promotion right shall include, and is not limited to, use of your name, portrait, likeness, voice and any statements made by you regarding your participation in all of the Houston Marathon events. The rights granted in this paragraph shall include the right to photograph and videotape your participation in all of the Houston Marathon events. You acknowledge that you shall not receive any compensation for the use of such images, video, likeness, name, etc.
This entry is invalid unless affirmatively marked by entrant. If entrant is under 18 years of age, a parent or guardian must affirmatively mark this entry. The Houston Marathon Committee reserves the right to reject any entry.
