COVID-19 Waiver and Indemnification Agreement

As a condition of my participation in Junior Achievement of South Texas’s (“JAST”) Harbor Half Marathon, Relay, 10K & 5K, I acknowledge and agree as follows:

I understand that the novel coronavirus—severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), which is responsible for Coronavirus Disease (COVID-19) and/or any mutation or variation thereof (collectively, the “Virus”)—has been declared a worldwide pandemic and is believed to be extremely contagious. I understand that my participation in the event may expose me to contact with one or more persons or objects that have been infected with and/or exposed to the Virus, and therefore may increase my risk of infection with the Virus. I acknowledge and agree that it is not possible for JAST to eliminate the risk that I could be exposed to and/or infected with the Virus or other communicable diseases through my participation in the event. I further understand that the potential risks associated with exposure to or infection with the Virus are not fully known, but they may include serious illness, bodily injury, temporary or permanent disability, and death to myself and/or others whom I may encounter. Nevertheless, having considered the risks, including without limitation those outlined herein, I have voluntarily decided to participate in the event.

Accordingly, for good and valuable consideration, including without limitation the opportunity to participate in the Program, I HEREBY ASSUME ALL RISK OF PARTICIPATING IN THE EVENT, INCLUDING WITHOUT LIMITATION THE RISK THAT I MAY BE EXPOSED TO OR INFECTED WITH THE VIRUS OR OTHER COMMUNICABLE DISEASES, AND I HEREBY, ON BEHALF OF MYSELF AND MY FAMILY, HEIRS, SUCCESSORS, ASSIGNS, AND ANYONE CLAIMING AN INTEREST THROUGH ME OR ON MY BEHALF, WAIVE, RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS JAST AND ITS AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, VOLUNTEERS, DONORS, AND AFFILIATES (COLLECTIVELY, “INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY, DAMAGES, EXPENSES, OR OTHER LOSS OF ANY KIND (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES AND COSTS) ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH MY PARTICIPATION IN THE PROGRAM, INCLUDING THOSE WHICH ARISE OR ARE ALLEGED TO ARISE FROM THE NEGLIGENCE OF ANY INDEMNITEE.