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Texas Trash-Off Liability Waiver 2020

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    You may only register children for whom you are the parent / guardian.

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  7. Liability Waiver

    I (Participant), for and in consideration of bring allowed to participate in the 2020 Texas Trash-Off (Event), do hereby for myself, as well as my personal representatives, assigns, heirs, and next of kin state, acknowledge, agree, warrant and represent as follows:

    1.      Participant understands the scope and nature of the Event. Participant further understands that the Event will be conducted on property owned and maintained by third parties as well as in, about, upon, across and adjacent to the streets, sidewalks and certain other property of the City of McKinney, Texas, that such property will be open to the public during the Event, and that the hazards associated with the cleanup activities to be performed during the Event that may include, but are not necessarily limited to, picking up debris and materials (Activities) are to be expected. Participant also understands that participation in the Event and Activities is completely voluntary and that Participant has not received, has not been promised, and does not expect to receive any compensation for their participation.

    2.      Participant understands that the Activities will likely include physical efforts. Participant represents that he/she is of sound mind and body and fully able to participate in the Event and Activities. Participant also understands that it is the Participant’s responsibility to, and agrees to adhere to and comply with all instructions, policies and procedures as indicated by those persons organizing, leading and/or supervising Participants in the Event and Activities (hereinafter referred to collectively as “Event Staff”). Further, Participant agrees to use good judgment based on their individual ability and to immediately terminate participation in any portion of the Event and/or Activities if said participation become too strenuous, taxing or difficult in any way, manner, method, shape or form.

    3.     Participant also understands that the Activities involve numerous risks and dangers of serious bodily injury ranging from minor injuries to severe injuries, which can include permanent disability, paralysis, and death. Participant further understands that the risks and dangers associated with the Activities may be caused by
       (a) the actions or inaction of Participant and/or other persons participating in the Event and Activities,
       (b) the conditions in which the Event and Activities takes place;
       (c) the negligence of one or more of the "Released Parties" identified herein; or
       (d) third parties who are not participating in the Event and Activities.

    Participant fully accepts and assumes all such risks and responsibility for any and all losses, costs, injuries and damages to person or property that Participant may suffer and/or otherwise incur either directly or indirectly and known or unknown as a result of observing or participating in the Event and Activities. Plaintiff authorizes Event Staff to secure medical care or treatment for Participant in the event Participant suffers an injury during the Event. Participant agrees to assume liability for payment of any and all medical expenses related to treatment provided to Participant, and to indemnify and hold harmless the City, Event Staff, and/or any of the “Released Parties” as defined herein, for any and all medical expenses arising out of or related to medical care provided to Participant for said injury.

    4.       PARTICIPANT MAY BE FILMED, RECORDED OR PHOTOGRAPHED BY CITY STAFF AND/OR EVENT STAFF DURING THE EVENT. BY AGREEING TO PARTICIPATE, PARTICIPANT HEREBY FULLY CONSENTS TO SUCH PHOTOGRAPHY AND RECORDING, AS WELL AS THE USE OF PARTICPANT’S IMAGE AND LIKENESS FOR PROMOTIONAL PURPOSES IN ANY FORMAT AND CONTEXT.

    5.      PARTICIPANT HEREBY FOREVER RELEASES, DISCHARGES, AND COVENANTS NOT TO SUE, NOW OR IN THE FUTURE, THE CITY OF MCKINNEY, OTHER PARTICIPANTS IN, AND ANY SPONSORS AND/OR ADVERTISERS FOR THE EVENT, OWNERS AND/OR LESSORS OF ANY PROPERTIES OR PREMISES ON WHICH THE EVENT AND/OR ACTIVITIES TAKE PLACE, AND EACH OF THEIR RESPECTIVE AGENTS, OFFICERS, MEMBERS, VOLUNTEERS, AND EMPLOYEES, IN THEIR PUBLIC AND PRIVATE CAPACITIES WHERE APPLICABLE, (EACH OF WHICH ARE INDIVIDUALLY AND COLLECTIVELY CONSIDERED TO BE ONE OF AND ARE HEREINAFTER REFERRED TO AS THE ‘RELEASED PARTIES”) FROM ALL LIABILITY, CLAIMS, DEMANDS, SUITS, CAUSES OF ACTION, JUDGMENTS, LOSSES OR DAMAGES DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO, IN WHOLE OR IN PART, PARTICIPANT’S PARTICIPATION IN THE EVENT AND/OR ACTIVITIES AND/OR ANY ERROR, ACT, OMISSION OR NEGLIGENCE OF ANY OF THE RELEASED PARTIES, ACT OF GOD OR OTHER CAUSE. PARTICIPANT FURTHER AGREES THAT THIS WAIVER SHALL WARRANT IMMEDIATE AND FINAL DISMISSAL WITH PREJUDICE OF ANY AND ALL ACTIONS OR CLAIMS BROUGHT BY MYSELF OR ANY OF MY LEGAL HEIRS, REPRESENTATIVES, OR AGENTS. PARTICIPANT FURTHER AGREES THAT IF, DESPITE THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, I, OR ANYONE ON EITHER OR BOTH OF OUR BEHALVES, MAKES A CLAIM AGAINST ANY OF THE RELEASED PARTIES, PARTICIPANT WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FROM ANY LITIGATION EXPENSES, ATTORNEY’S FEES, LOSS, LIABILITY, DAMAGE OR COST WHICH ANY OF THE RELEASED PARTIES MAY INCUR AS A RESULT OF SUCH CLAIM OR CAUSE OF ACTION.

    6.      PARTICIPANT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES AGAINST ANY AND ALL CLAIMS, DEMANDS, SUITS, OR CAUSES OF ACTION ARISING OUT OF OR RELATED TO PARTICIPANT’S PARTICIPATION IN EVENT AND/OR ACTIVITES, OR ANY ERROR, ACT, OMISSION OR NEGLIGENCE OF ANY OF THE RELEASED PARTIES, ACT OF GOD, OR OTHER CAUSE. PARTICIPANT DOES HEREBY BIND HIM/HERSELF, HIS/HER HEIRS, ASSIGNS, AGENTS, SUCCESSORS, ADMINISTRATORS AND EXECUTORS TO THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT.

    7.     The parties agree that the execution of this Liability Waiver, Release and Indemnification shall not constitute a waiver by the City of McKinney of the defense of governmental immunity, when applicable, or any other defense recognized by the courts of this State or any Federal court under state or federal law.

    Participant has read this Liability Waiver, Release and Indemnification (“Agreement”), fully understands its terms, understands that Participant has given up substantial rights by signing this Agreement and has signed it freely and without any inducement or assurance of any nature and intends it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agrees that if any portion of this Agreement is held to be invalid, the balance, notwithstanding, shall continue in full force and effect.

  8. Signature

    I certify that by clicking Submit, I am the individual named above, and the parent / guardian of the children named above, and that I have read and fully understand the above terms.

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