WAIVER INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
IN CONSIDERATION OF PARTICIPANT BEING PERMITTED TO PARTICIPATE AND AS A CONDITION TO BEING ALLOWED TO PARTICIPATE IN THE EVENT, I, THE UNDERSIGNED, FOR AND ON BEHALF OF GROUP, MYSELF, MY MINOR CHILD (IF APPLICABLE), MY HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS, HEREBY RELEASE, ACQUIT AND FOREVER DISCHARGE THE JACQUELINE SMITH FOUNDATON, TOGETHER WITH ITS FORMER AND PRESENT ELECTED AND APPOINTED OFFICIALS, LEGAL REPRESENTATIVES, AGENTS, SERVANTS, EMPLOYEES (IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES), VOLUNTEERS SUCCESSORS, ASSIGNS, AND ALL AFFILIATED PERSONS AND ENTITIES INCLUDING THE EVENT'S SPONSORS, TOGETHER WITH ITS OFFICERS, DIRECTORS, MEMBERS, AGENTS, SERVANTS, EMPLOYEES, SUCCESSORS AND ASSIGNS (HERE INAFTER COLLECTIVELY "THE JACQUELINE SMITH FOUNDATION"), OF, FROM AND AGAINST ANY AND ALL LIABILITIES OF EVERY KIND, CLAIMS, CAUSES OF ACTION, WHETHER AT LAW OR IN EQUITY, IN CONTRACT OR TORT, UNDER STATUTORY OR COMMON LAW OR PURSUANT TO THE TEXAS OR UNITED STATES CONSTITUTION(S) (INCLUDING ALL EXPENSES OF LITIGATION, COSTS, AND ATTORNEYS' FEES), KNOWN AND UNKNOWN, LOSSES, JUDGMENTS, FINES, DEMANDS, DAMAGES, LOSS OF USE OR SERVICES, OR INJURIES TO REAL AND/OR PERSONAL PROPERTY AND/OR PERSONS (INCLUDING DEATH) (COLLECTIVELY “CLAIMS”), AND I FURTHER AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS
THE JACQUELINE SMITH FOUNDATION, OF, FROM AND AGAINST ANY AND ALL CLAIMS ASSERTED BY ANY PERSON ORENTITY AGAINST THE JACQUELINE SMITH FOUNDATION WHETHER ARISING OUT OF, TOUCHING UPON OR IN ANY WAY RELATING TO THE EVENT AND/OR THE PRESENCE, MALFUNCTION, MAINTENANCE, ADDITION, SUBSTITUTION, USE OR CONDITION OF ANY TANGIBLE PERSONAL OR REAL PROPERTY OWNED, LEASED, OPERATED, OR UTILIZED BY THE JACQUELINE SMITH FOUNDATION IN CONNECTION WITH THE EVENT EVEN IF THE CLAIM IS THE RESULT OF THE ACTUAL OR ALLEGED SOLE NEGLIGENCE OF SAN ANTONIO AND/OR THE RESULT OF THE ACTUAL OR ALLEGED GROSS NEGLIGENCE OF THE JACQUELINE SMITH FOUNDATION, AND/OR THE ACTUAL OR ALLEGED JOINT OR CONCURRENT NEGLIGENCE OF THE JACQUELINE SMITH FOUNDATION AND ANY OTHER PERSON OR ENTITY, AND/OR THE ACTUAL OR ALLEGED STRICT,STATUTORY OR CONSTITUTIONAL LIABILITY OF THE JACQUELINE SMITH FOUNDATION.