PARTICIPANT WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK, INDEMNIFICATION AGREEMENT, AND COVENANT NOT TO SUE

5K Run/Walk in Honor of Hamid Mahdavi

March 8, 2026**

White Rock Lake Park – Dallas, Texas

THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS.

READ IT CAREFULLY BEFORE SIGNING.

YOU ARE WAIVING AND RELEASING CLAIMS, INCLUDING CLAIMS FOR NEGLIGENCE.

1. VOLUNTARY PARTICIPATION

I understand that I am voluntarily choosing to participate in the 5K Run/Walk in Honor of Hamid Mahdavi (the “Event”) at White Rock Lake Park in Dallas, Texas.  I acknowledge that participation is entirely voluntary and that I am free not to participate.

2. EXPRESS ASSUMPTION OF RISK

I FULLY UNDERSTAND THAT PARTICIPATION IN A RUN/WALK EVENT INVOLVES INHERENT, OBVIOUS, AND UNFORESEEABLE RISKS, INCLUDING SERIOUS INJURY, ILLNESS, PROPERTY DAMAGE, PERMANENT DISABILITY, AND DEATH.

These risks include, but are not limited to:

*   Cardiac events, heat stroke, dehydration, or other medical emergencies

*   Falls, slips, trips, and collisions

*   Uneven terrain, potholes, debris, wet surfaces, or hidden hazards

*   Motor vehicle traffic and bicycle traffic

*   Actions or inactions of other participants, spectators, volunteers, or third parties

*   Wildlife, animals, insects

*   Weather conditions including heat, cold, lightning, rain, wind

*   Inadequate or delayed medical response

*   Equipment malfunction

*   NEGLIGENCE OF OTHERS

I KNOWINGLY AND FREELY ASSUME FULL RESPONSIBILITY FOR ALL RISKS, BOTH KNOWN AND UNKNOWN, FORESEEABLE AND UNFORESEEABLE, EVEN IF ARISING FROM THE NEGLIGENCE OR ALLEGED NEGLIGENCE OF THE RELEASED PARTIES.

3. RELEASE OF LIABILITY

IN CONSIDERATION FOR BEING PERMITTED TO PARTICIPATE, I HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE:

*   Event organizers

*   Event directors

*   Sponsors and donors

*   Volunteers

*   Contractors

*   The City of Dallas

*   White Rock Lake Park

*   Dallas Park & Recreation Department

*   Any governmental entities involved

*   Property owners and venue operators

*   All officers, directors, employees, agents, representatives, successors, and assigns

(collectively, the “Released Parties”) FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, CAUSES OF ACTION, LOSSES, OR LIABILITIES OF ANY KIND WHATSOEVER, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR RELATED TO MY PARTICIPATION IN THE EVENT. THIS RELEASE INCLUDES CLAIMS ARISING FROM:

*   ORDINARY NEGLIGENCE

*   PREMISES LIABILITY

*   NEGLIGENT HIRING OR SUPERVISION

*   NEGLIGENT RESCUE

*   AND, TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW, GROSS NEGLIGENCE

4. WAIVER OF CLAIMS FOR GROSS NEGLIGENCE (TO THE FULLEST EXTENT PERMITTED BY LAW)

I UNDERSTAND THAT TEXAS LAW MAY LIMIT THE ENFORCEABILITY OF WAIVERS FOR GROSS NEGLIGENCE. HOWEVER, I EXPRESSLY INTEND THIS RELEASE TO APPLY TO ALL CLAIMS, INCLUDING CLAIMS ALLEGING GROSS NEGLIGENCE, TO THE MAXIMUM EXTENT ALLOWED BY LAW. IF ANY PORTION OF THIS GROSS NEGLIGENCE WAIVER IS FOUND UNENFORCEABLE, I AGREE THAT ALL OTHER PROVISIONS REMAIN FULLY ENFORCEABLE.

5. INDEMNIFICATION AND DEFENSE

I AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS, OR ATTORNEYS’ FEES ARISING OUT OF:

*   My participation in the Event

*   My actions or omissions

*   Any damage I cause to persons or property

*   Any claims brought by third parties arising from my conduct

This indemnification obligation applies even if the Released Parties are alleged to have been negligent.

6. MEDICAL AUTHORIZATION AND RESPONSIBILITY

I certify that I am physically capable of participating. I authorize emergency medical treatment if necessary. I understand that:

*   I am solely responsible for all medical expenses

*   The Event does not provide medical insurance

*   Medical assistance may be delayed or unavailable

 7. PUBLIC PARK CONDITIONS

I understand this Event takes place in a public park not closed to the public. The Released Parties do not control:

*   Traffic

*   Park maintenance

*   Weather

*   Conduct of non-participants

*   Natural conditions

I accept all risks arising from these conditions. I also waive any argument that Chapter 75 of the Texas Civil Practice and Remedies Code (The Texas Recreational Use Statute) applies to limit the liability of the Released Parties.

8. NO RELIANCE

I acknowledge that I am not relying on any oral or written statements regarding safety beyond what is written in this Agreement.

9. MEDIA RELEASE

I grant the Released Parties irrevocable permission to use my name, image, likeness, photograph, and video for promotional or memorial purposes in any media, worldwide, in perpetuity, without compensation.

10. NO REFUNDS / EVENT MODIFICATION

The Event may be canceled, modified, or delayed due to safety concerns, weather, governmental orders, or other circumstances. I understand registration fees are non-refundable unless otherwise stated.

11. WAIVER OF JURY TRIAL

I KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY LEGAL PROCEEDING ARISING OUT OF THIS EVENT OR THIS AGREEMENT.

12. OPTIONAL BINDING ARBITRATION (REMOVE IF NOT DESIRED)

Any dispute arising out of this Agreement or the Event shall be resolved exclusively through binding arbitration in Dallas County, Texas, in accordance with the rules of the American Arbitration Association. I waive the right to participate in any class action.

13. GOVERNING LAW AND VENUE

This Agreement shall be governed by the laws of the State of Texas. Venue shall lie exclusively in Dallas County, Texas.

14. SEVERABILITY

If any provision is held invalid, the remainder shall remain enforceable to the fullest extent permitted by law.

15. ACKNOWLEDGMENT OF CONSPICUOUSNESS

I ACKNOWLEDGE THAT THE NEGLIGENCE AND RELEASE LANGUAGE IN THIS AGREEMENT IS CONSPICUOUS AND SATISFIES THE FAIR NOTICE REQUIREMENTS UNDER TEXAS LAW.

I HAVE READ THIS AGREEMENT CAREFULLY.

I FULLY UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS.

I SIGN THIS AGREEMENT FREELY AND VOLUNTARILY.