I, the undersigned, wish to
participate or have my child or ward participate (any such participant referred
to herein as the “Participant”) in the 14th
Annual Rockets Run and Post-Race Party, which will be held at Toyota Center in Houston, Texas, the race route beginning
and ending at Toyota Center, and Root Memorial Square, on Sunday, November 8, 2015, and which could involve physical activity before,
during and after the activity (collectively the “Activity”). I understand that
there is a risk that the Participant will be injured before, during or after,
or as a result of or in connection with the Activity (including transportation
to and from the Activity), and I wish for the Participant to participate in the
Activity despite the risk involved. Further,
I, on behalf of the Participant, voluntarily assume all risk and danger of
personal injury (including death) and all hazards arising from, or related in
any way to, the Activity, whether occurring prior to, during or after the
Activity, howsoever caused and whether by negligence or otherwise.
As consideration for the
Participant being allowed to participate in the Activity, I, for myself, the
Participant (if not myself), and each of our respective successors,
administrators, heirs and assigns, hereby RELEASE,
ACQUIT, AND FOREVER DISCHARGE Rocket Ball,
Ltd., a Texas limited partnership d/b/a the Houston Rockets; LLA Sports, Inc.,
a Delaware corporation; Clutch City Sports & Entertainment, L.P., a Texas
limited partnership; Roughy Corp., a Delaware corporation; Alexander Tara,
L.L.C., a Texas limited liability company; the National Basketball Association
and all of its member teams and operators; NBA Properties, Inc.; the owner(s)
and operator(s) of the venue(s) where the Activity is to be held; the other
participants in the Activity; and all of the respective past, present and
future officers, directors, attorneys, insurers, agents, servants, suppliers,
dealers, representatives, employees (including, but not limited to, the
employee who acts as the mascot of the Rockets), coaches, trainers, affiliates,
subsidiaries, partners, predecessors and successors in interest, and assigns of
the foregoing (collectively referred to herein as the “Released Parties”) from
all past, present and future claims arising out of and accruing to the
Participant for or in any way connected with any damages sustained by the
Participant before, during or after, or as a result of, or in any way connected
with, the Activity, including actual or punitive damages for personal injury,
dismemberment or death sustained in the Participant’s participation in the
Activity, and all results thereof, past, present and future, known and to
become known, accrued and to accrue, and INCLUDING
ANY CLAIMS OF THE RELEASED PARTIES’ NEGLIGENCE, GROSS NEGLIGENCE, STRICT
LIABILITY OR WILLFUL CONDUCT (REGARDLESS OF WHETHER THE RELEASED PARTIES ARE
SOLELY, JOINTLY, OR CONCURRENTLY NEGLIGENT OR OTHERWISE AT FAULT).
As a further inducement to the
Released Parties, I, for myself, the Participant (if not myself), and each of
our respective successors, administrators, heirs and assigns, have agreed to
and do hereby INDEMNIFY, DEFEND AND HOLD
HARMLESS each and all of the Released Parties from and against any and all
past, present and future claims, demands, actions and causes of action, of
whatsoever nature or character, INCLUDING
CLAIMS OF THE RELEASED PARTIES’ NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY
OR WILLFUL CONDUCT (REGARDLESS OF WHETHER THE RELEASED PARTIES ARE SOLELY,
JOINTLY, OR CONCURRENTLY NEGLIGENT OR OTHERWISE AT FAULT), which may
hereafter be asserted by any person, firm or entity whomsoever, arising out of
and accruing to the Participant for or in any way connected with any damages
sustained by the Participant before, during or after, or as a result of, or in
any way connected with, the Activity, including actual or punitive damages for
personal injury, dismemberment or death sustained in the Participant’s
participation in the Activity, and all results thereof, past, present and
future, known and to become known, accrued and to accrue. This obligation to
indemnify and hold harmless specifically includes, but is not limited to, any
claims for medical bills or any other expenses incurred by the Participant that
are in any way related to the Activity.
As a further inducement to the
Released Parties, I hereby represent and warrant to the Released Parties that:
(1) I thoroughly and completely
understand that this is a complete and final release and indemnity agreement
concerning any claim, demand, or cause of action that I or the Participant (if
not myself) may have against the Released Parties related to or in any way
arising out of the Activity;
(2) I am entering into this Release and
Indemnity Agreement (the “Agreement”) freely and voluntarily;
(3) no representations, promises or
statements made by any agent, attorney or other representative of the Released
Parties have influenced me in causing me to sign this Agreement;
(4) the Participant has adequate medical
insurance provided by parties other than the Released Parties covering the
possible injuries to the Participant that may occur as a result of his or her
participation in the Activity; and
(5) the Participant does not have any
physical condition or illness that would be aggravated by participation in the
Activity or that would make participation in the Activity medically inadvisable.
I hereby grant to the Released Parties, with no obligation to
compensate me, the Participant (if not myself), or any other person in any way,
the right at any time to publish, reproduce, modify, display, distribute, or
otherwise use, commercially or otherwise (including in connection with any
publicity, marketing and promotion), in any media now existing or later
developed, Participant’s name and any photographs, videotapes, motion pictures,
recordings, or other record of the Participant’s performance(s) before, during
or after the Activity. I understand that
Participant’s name, photograph or likeness may be modified, copied and
distributed by means of various media, including, but not limited to, the
Toyota Center in-arena scoreboard, news bulletins, mail outs, television, media
broadcasts, billboards, signs, brochures, placement on the Houston Rockets’
website or other electronic delivery, or publication. I acknowledge that the Released Parties have
the right to use one or more photographs or other electronic reproduction of
the Participant’s image and/or name in accordance with this Agreement. The Participant waives any right to inspect
or improve the finished product, or any material in which the Released Parties
will eventually use the photographs. Further,
I understand that Participant’s involvement in the Activity may be captured on
media and used by third parties, and that the Released Parties shall have no
control over (and shall have no obligation to control) the use of those images and/or
Participant’s name by any such third parties.
I agree that any dispute
(“Dispute”) arising out of or related to this Agreement, the relationship of
me, the Participant and the Released Parties under this Agreement and/or the
Participant’s participation in the Activity will be settled by binding
arbitration conducted in Houston, Texas, in accordance with the then-current
Commercial Arbitration Rules of the American Arbitration Association and the
procedures set forth in this paragraph.
The arbitration shall be conducted by a single arbitrator to be
appointed upon the mutual consent of the opposing party and me. In the event that the opposing party and I
are unable to agree on a single arbitrator within twenty (20) days after the
written request for arbitration was delivered, then either party may request
the appointment of an arbitrator by the Administrative Judge of the Harris
County, Texas District Court (the “Administrative Judge”). In the event of the failure, refusal or
inability of the Administrative Judge to appoint an arbitrator in the next ten
(10)-day period, the party seeking the arbitration shall make the parties’
request for appointment of an arbitrator, and furnish a copy of the description
of the Dispute and any response, to the American Arbitration Association in
Houston, Texas. The arbitrator shall not
have the authority, power or right to alter, change, amend, modify, waive, add
to or delete from the provisions of this Agreement. The prevailing party in such arbitration
shall be entitled to recover such party’s costs and attorneys’ fees related to
the arbitration from the non-prevailing party, and the costs and expenses of
the arbitrator shall be paid for by the non-prevailing party in the
arbitration.
I understand that in allowing the
Participant to participate in the Activity, the Released Parties are relying on
the representations and warranties I have made herein. This Agreement shall be governed by the laws
of the State of Texas (without regard to conflict-of-laws principles). If any provision of this Agreement is held to
be invalid or unenforceable, that holding shall be without effect upon the
validity or enforceability of any other provision of this Agreement.
