Gainesville Marathon Event Participant Waiver

I, THE UNDERSIGNED (OR ON BEHALF OF THE UNDERAGE/MINOR
PARTICIPANT(S), HEREBY ASSUME ALL OF THE RISKS, KNOWN OR UNKNOWN,
OF PARTICIPATING IN ANY AND ALL ACTIVITIES AND/OR EVENTS
ASSOCIATED WITH, SPONSORED, PRODUCED OR HELD BY TEXAS OUTLAW
RUNNING COMPANY OR ANY OF ITS AFFILIATED ENTITIES, OWNERS OR PARTIES
(herein, collectively, known as “Texas Outlaw Running”), including but not limited to heat or cold
injuries, falls, physical contact with other participants, volunteers, race personnel, contract
service providers, employees, animals, and spectators including the potential of contraction of a
communicable disease resulting from contact with other participants, volunteers, race personnel,
contract service providers, employees, and spectators.
I understand participating in any Texas Outlaw Running trail race, activity, or event
(collectively or individually, an “Event”) is potentially hazardous and could cause injury or
death or loss of property due to many factors beyond Texas Outlaw Running’s control,
including without limitation, effects of the weather, high heat and/or humidity, freezing cold
temperatures, trail conditions, traffic and the conditions of the road including surrounding
terrain, equipment, facilities, and actions of other people including, but not limited to,
participants, volunteers, monitors, and/or producers of the Event. I will not enter and
participate in the Event unless I am in good health, medically able, and properly trained (as
applicable to volunteers) for participating in such Event. By my signature (and/or or initials)
below, I certify that the foregoing sentence is true and applicable to the Event or activity or
event I am registering for.
I certify that no health-related reasons or problems preclude my participation in this Event or any
activity I am registering for, including, but not limited to, having tested positive for SARS-CoV-2
(COVID-19) within the fourteen (14) day period before the activity/event. I further agree to
abide by the Center for Disease Control’s (CDC) recommendations for the prevention of the
spread of the 2019 Novel Coronavirus Disease (COVID-19) and other communicable diseases,
and I attest to having read the CDC’s guidance at: https://www.cdc.gov/coronavirus/2019-
ncov/prepare/prevention.html (as may be updated from time to time). In addition, I acknowledge
the contagious nature of COVID-19 and/or other communicable diseases and voluntarily assume
the risk that I may be exposed to or infected by COVID-19 and/or other communicable diseases
by participating in this Event. I acknowledge that such exposure or infection may result in
personal injury, illness, permanent disability, and/or death. I understand that the risk of becoming
exposed to or infected by COVID-19 and/or other communicable diseases in connection with my
participation in this event and personally assume these risks.
I agree to abide by any decision of Texas Outlaw Running or any race official relative to any
aspect of my participation in the Event, including the right of any official to deny or suspend my
participation for any reason whatsoever or posting of any results, including any negligence,
errors or omissions. I attest that I have read the Event rules and agree to abide by them. I
understand that bicycles, skateboards, baby joggers/strollers, roller skates or inline skates,
animals, and personal music players are not allowed in the race, and I will abide by all race rules

(which may be amended from time to time). I agree to be subscribed to Texas Outlaw Running’s
email and/or distribution list.
I understand while participating at any Event, I grant permission to Texas Outlaw Running to
allow my photographs, videos, motion pictures, digital recordings, film likeness or any other
record of this Event to be used for any legitimate purpose by Texas Outlaw Running, the activity
holders, producers, sponsors, organizers, and or their assigns, which may include posting to
social media.  I understand that this event does not provide for refunds in the event of a
cancellation, and by signing this agreement, I consent that I am not entitled to a refund of any
kind if the event is canceled before or during the event for any reason whatsoever.
In consideration of my registration and permitting me to participate in this Event, or any other
Texas Outlaw Running activities and events, I hereby understand and acknowledge, and willfully
agree to and take action for myself, my executors, personal representatives, administrators, heirs,
next of kin, successors, and assigns to the following:
I HEREBY (FOR MYSELF AND ANYONE ENTITLED TO ACT ON MY BEHALF, OR
ON BEHALF OF ANY MINOR PARTICIPANTS), WAIVE, RELEASE, AND
DISCHARGE FROM ANY AND ALL LIABILITY, INCLUDING BUT NOT LIMITED
TO, LIABILITY ARISING FROM THE NEGLIGENCE OR FAULT OF THE
RELEASED PARTIES (DEFINED BELOW), FOR MY DEATH, DISABILITY,
PERSONAL INJURY, PROPERTY DAMAGE, PROPERTY THEFT, OR ACTIONS OF
ANY KIND WHICH MAY HEREAFTER OCCUR TO ME INCLUDING MY
PARTICIPATION AND TRAVELING TO AND FROM THIS EVENT, THE
FOLLOWING ENTITIES OR PERSONS: GAINESVILLE MARATHON, COOKE COUNTY,
CITY OF GAINESVILLE, U.S. GOVERNMENT, TEXAS DEVIL RUNNING
COMPANY LLC, TEXAS OUTLAW RUNNING COMPANY, AT ANY VENUE WHERE
SUCH ACTIVITY OR EVENT IS BEING HELD, INCLUDING WITHOUT
LIMITATION, ANY BUSINESS, PARK (INCLUDING ANY PUBLIC VENUE),
CHURCH, RECREATIONAL OR SPORTING AREA OR OTHER LOCATION OF ANY
KIND, AND/OR THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS,
EMPLOYEES, VOLUNTEERS, REPRESENTATIVES, CONTRACTORS AND
AGENTS, AND ANY EVENT OR ACTIVITY THIRD-PARTY BUSINESSES,
VENDORS, HOSTS, HOLDERS, SPONSORS, AND OTHER VOLUNTEERS
(COLLECTIVELY, THE “RELEASED PARTIES”).
FURTHER, I AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS AND
AGREE AND COVENANT NOT TO SUE OR BRING ANY CLAIM IN ANY FORMAT
THAT IS RELEASED HEREUNDER, THE RELEASED PARTIES, AND THEIR
REPRESENTATIVES AND AGENTS FROM ALL ACTIONS, CAUSES OF ACTION,
SUITS, LIABILITIES, CLAIMS, DEMANDS, DAMAGES, LOSSES, COSTS OR
EXPENSES, INCLUDING BUT NOT LIMITED TO, REASONABLE ATTORNEYS
FEES AND COSTS THE RELEASED PARTIES, THEIR RESPECTIVE
REPRESENTATIVES OR AGENTS MIGHT NOW OR IN THE FUTURE SUFFER
ON ACCOUNT OF MY OR MY MINOR PARTICIPANT’S PERSONAL INJURY OR

DEATH OR DAMAGE TO OR LOSS OF PROPERTY INCIDENT TO, OR
RESULTING DIRECTLY OR INDIRECTLY FROM MY OR MY MINOR
PARTICIPANT’S TRAVEL TO/FROM, ATTENDANCE AT THE EVENT OR
ACTIVITIES BEFORE, DURING OR AFTER THE EVENT OR ACTIVITY,
REGARDLESS OF WHETHER SUCH ACTIONS, CAUSES OF ACTION, SUITS,
LIABILITIES, CLAIMS, DEMANDS, DAMAGES, LOSSES, COSTS, OR EXPENSES
AROSE OUT OF OR WERE CAUSED OR CONTRIBUTED TO BY THE
NEGLIGENCE OF ONE OR MORE OF THE RELEASED PARTIES OR THEIR
RESPECTIVE REPRESENTATIVES OR AGENTS AND WHETHER DUE TO ANY
HAZARDS PRESENT IN, ON OR AROUND THE EVENT VENUE.
This Texas Outlaw Running Participant Waiver, Release, Indemnity and Covenant Not to Sue
(“Waiver”) shall be (i) governed under Texas law, and (ii) construed broadly to provide a release
and waiver to the maximum extent permissible under Texas law. If any term or provision of this
Waiver is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or
unenforceability shall not affect any other term or provision of this Waiver or invalidate or render
unenforceable such term or provision in any other jurisdiction.
I hereby consent to, for myself or any minor participant, to receive medical treatment,
including emergency medical transportation, which may be deemed advisable in the event of
injury, accident, and/or illness during this Event and all Texas Outlaw Running activities and
events. I AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS ALL
RELEASEESFOR ANY COSTS INCURRED TO TREAT ME OR ANY MY MINOR,
EVEN IF A RELEASEE HAS SIGNED HOSPITAL DOCUMENTATION PROMISING
TO PAY FOR TREATMENT.
I CERTIFY I HAVE READ THIS WAIVER AND I FULLY UNDERSTAND ITS
CONTENT. I UNDERSTAND THIS IS A RELEASE OF LIABILITY AND A
CONTRACT IN WHICH I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING
IT, AND I SIGN IT OF MY OWN FREE WILL. I CERTIFY I AM 18 OR OLDER. IF
THE PARTICIPANT IS UNDER THE AGE OF 18, A PARENT/LEGAL GUARDIAN
MUST SIGN AND AGREE TO THE TERMS HEREIN ON BEHALF OF SUCH
UNDERAGE PARTICIPANT. AN ELECTRONIC SIGNATURE OR INITIALS
AND/OR ACCEPTANCE OF THIS WAIVER SERVES AS LEGAL AND BINDING
ACKNOWLEDGEMENT OF THIS PARTICIPANT WAIVER, RELEASE OF
LIABILITY, INDEMNIFICATION AND COVENANT NOT TO SUE ON ME,
ANYONE I AM SIGNING ON BEHALF OF, AND ANY MINOR PARTICIPANT (IF
APPLICABLE).