Release and Waiver of Liability

 

Emancipet, Inc. (“Emancipet”) is a Texas nonprofit corporation holding                the Pulling for Pets event (“Event”). By signing below, and in consideration of the opportunity to participate in the Event, the undersigned agrees that:

 

Safety

For my safety and that of others, I will comply with all Emancipet rules and directions. I will tell Emancipet if I see any hazardous condition or danger at the Event site.

 

Age and Physical Condition

I confirm that I am 18 years old or older, and I understand and agree that minors are not permitted to participate in the Event. I understand that participation in the Event may be physically demanding and that I should not participate unless I am medically able to do so. I understand that I am responsible for knowing my own physical condition and making my own decisions about participation. I confirm that I am in adequate physical condition to participate. If at any time I feel unable to continue participating, I will stop.

 

Understandings

I understand that the Event will involve attempting to manually pull a vehicle that weighs thousands of pounds and this can be a potentially dangerous activity for me. I will not participate in the Event unless I am physically and medically able. I understand that participation in the Event has risks that may arise from my own actions or the actions of Emancipet, other participants, or others present at the site. These may arise from risks inherent to physical exertion, including bodily injury and death, and from conditions at the site, including uneven terrain, allergens, insects, dust, noise, lack of lighting, weather, use of equipment, and unforeseen acts of third parties. I understand that Emancipet does not provide security at the site, and that it does not control the conduct of participants or others present at the site. I understand it is advisable to wear proper clothing during my participation in the Event for injury prevention, such as gloves and closed toe, rubber soled shoes.

 

Awareness and Assumption of Risk

I confirm my understandings as stated above. With that information and awareness, I am knowingly participating in the Event, and I knowingly assume and accept the risks of all injury, illness, disease, death, property damage or loss, financial obligation, loss of privacy, and all other injuries and other consequences that may result, directly or indirectly, from my participation in the Event or my presence at or travel to the site, regardless of the cause.

 

Waiver and Release of Claims

I waive and release Emancipet and its directors, officers, agents, employees, volunteers and affiliates, and any sponsors of the Event (collectively, “Released Parties”) from any and all liability, claims, costs, and damages of any kind which I or my heirs, next of kin or legal representatives may have or which may later accrue, resulting or arising directly or indirectly from (a) my participation in the Event or presence at or travel to the site or (b) any first aid, transportation or medical care provided to me in connection with my participation. This release and waiver includes, in each such case, all claims in respect of death, personal injury, illness, property damage, loss, financial obligation, or expenses, and in each case regardless of the cause or whether such claims arise from tort, contract or otherwise, and even if caused by negligence, whether passive or active. I agree not to sue any of the Released Parties on the basis of these waived and released claims.

 

Medical Care Consent

I authorize Emancipet to provide me first aid and to arrange medical assistance, transportation, and emergency medical services for me if I get hurt during my participation in the Event. I have adequate health insurance to cover any injury if I get hurt. I will pay for any costs related to my medical treatment and transport.

 

Use of My Name and Image

Emancipet may take photos or videos of me during the Event. I consent to the use by Emancipet of my image, voice, name and/or story in any format, including video, print, or electronic (collectively, “Materials”), as Emancipet may deem appropriate to promote its programs or for any other purposes. Emancipet may make the Materials available on its website, in its publications, or through any other media, including social networking platforms. I waive any right to inspect or approve the finished product or to receive any payment. I grant to Emancipet all copyrights in the Materials and waive any legal claims relating to the Materials, including those relating to copyright or rights of publicity or privacy.

 

Indemnification

I will defend, indemnify, and hold each Released Party harmless from and against any and all liability, loss, damages, claims, and attorney fees it may suffer resulting or arising directly or indirectly from my participation in the Event, except and only to the extent the liability is caused by the gross negligence or willful misconduct of the relevant Released Party.

 

Information Collection

I consent to Emancipet collecting personal information from me and using it for planning, organizing, promoting, and conducting the Event, and for following up with me after my participation. I understand I can opt out from these communications.

 

Definition; Who Benefits

The term “Event” as used in this Release and Waiver of Liability means all activities relating to and incident to the Event, including, without limitation, being present at the site, travel to and from the site, participating in the Event, and publicity by Emancipet. This Release and Waiver of Liability will be legally binding not only on me but also my heirs, next of kin, and legal representatives. I understand that the confirmations, assumptions, releases and waivers, and agreements I make in this Release and Waiver of Liability run in favor of, and may be enforced by, each of the Released Parties.