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Waiver

By Registering You are Agreeing that:

I am voluntarily choosing to participate (or, where applicable, permit my minor child or ward to participate) in Race-4-Grace, a family 5K run/walk and any and all activities incidental or related thereto (collectively, the “Activity”). In consideration of and as a condition to being allowed to participate in the Activity, I, for myself and on behalf of my family, personal representatives, executors, administrators, heirs, next of kin and anyone else who might now or in the future claim by or through me (and/or, where applicable, through my minor child or ward), do hereby: (1) AGREE TO BE SOLELY RESPONSIBLE for the actions, conduct, and safety of myself (and/or, where applicable, my minor child or ward) during the Activity, including following all rules, regulations and instructions; (2) Confirm that I (AND/OR, WHERE APPLICABLE, MY MINOR CHILD OR WARD) HAVE NO MEDICAL CONDITIONS OR PHYSICAL LIMITS which could affect my ability (and/or, where applicable, the ability of my minor child or ward) to participate in the Activity; (3) Being fully aware of the inherent risks associated with participation in the Activity, expressly, knowingly, and voluntarily ASSUME ALL POSSIBLE RISKS FROM OR IN CONNECTION WITH THE ACTIVITY, INCLUDING, BUT NOT LIMITED TO, THE RISK OF DEATH, INJURY, ILLNESS, PROPERTY DAMAGE OR OTHER HARM due to any act, event, or omission, including, but not limited to, negligent acts or omissions by H2 Strategies, LLC., The Hardin Companies, Kyle Pease Foundation and/or any of their respective owners, employees, officers, directors, shareholders, independent contractors, vendors, affiliates, volunteers, and agents (collectively, the “Released Parties”, and individually, a “Released Party”) arising, directly or indirectly, from or in any manner related to: (i) my participation (and/or, where applicable, my minor child or ward’s participation) in the Activity; (ii) the redemption, use or misuse of any prize, including, but not limited to claims related to property damage, personal injury or death; (iii) publicity rights, privacy rights, defamation, or intellectual property related to my participation (and/or, where applicable, my minor child or ward’s participation) in the Activity; and (iv) anything related to the production, promotion, or execution of the Activity; (4) FULLY AND FOREVER WAIVE, RELEASE, DISCHARGE, COVENANT NOT TO SUE, INDEMNIFY, HOLD HARMLESS, AND ABSOLVE THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL INJURIES, DAMAGES, CLAIMS, ACTIONS, RIGHTS, LIABILITIES, CAUSES OF ACTION, DEMANDS OF EVERY KIND AND NATURE WHATSOEVER, BASED ON NEGLIGENCE OR OTHER THEORIES OF RECOVERY, TO THE EXTENT PERMITTED BY LAW, whether for personal injuries, property damage, illness, death or any other loss, damages or expenses by or on behalf of myself (and/or, where applicable, my minor child or ward) which I have or may have (and/or, where applicable, that my minor child or ward has or may have or that I as the parent or guardian have or may have for, by, or through them), including those arising from the partial or sole negligence of any Released Party and/or arising from or in any manner related to my participation (and/or, where applicable, my minor child or ward’s participation) in the Activity or use of the Images (hereinafter defined); and (5) Grant the Released Parties AN IRREVOCABLE, PERPETUAL, ROYALTY-FREE LICENSE TO USE MY NAME, PHOTOGRAPH, IMAGE, VOICE, LIKENESS AND ANY IDENTIFIABLE ATTRIBUTES (AND/OR, WHERE APPLICABLE, THE NAME, PHOTOGRAPH, IMAGE, VOICE, LIKENESS AND ANY IDENTIFIABLE ATTRIBUTES OF MY MINOR CHILD(REN) OR WARD(S)), IN WHOLE OR IN PART, IN ANY MEDIA (the “Images”) for advertising, trade and any other lawful purposes now and in the future without further notification, inspection or approval and at no cost to them and with no compensation to me or, where applicable, my minor child or ward (provided, however, that none of the Released Parties shall be obligated to use the Images in any way) and further agree that H2 Strategies, LLC. shall be the exclusive owner of any and all rights, including copyrights in the Images. If signing on behalf of myself, I certify that I am at least 18 years old and the age of majority in my state of residence, have fully read and understood this Waiver, Assumption of Risk, Release and Covenant Not to Sue (the “Agreement”), have the full legal capacity to execute this Agreement and will not seek to disaffirm this Agreement. If signing on behalf of a minor child or ward, I certify that I am the father, mother or legal guardian of the minor child or ward, have the full legal right and capacity to execute this Agreement and will not seek to disaffirm this Agreement.