I,
the undersigned, wish to participate or have my child or ward participate (any
such participant referred to herein as the “Participant”) in the Rockets Run
and Post-Race Party, which will be held on Saturday, November 4, 2017, at (i) Toyota Center, located at 1510 Polk Street in
Houston, Texas; (ii) the race route beginning and
ending at Toyota Center; and (iii) Root Memorial Square, and which could involve physical activity before,
during and after the event (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.; Harris
County–Houston Sports Authority; the owner(s) and operator(s) of the venue(s)
where the Activity is to be held; Memorial Hermann Health System; the other
participants in the Activity; and all of the respective past, present and
future officers, partners, members, managers, directors, attorneys, insurers,
agents, servants, suppliers, dealers, representatives, employees (including,
but not limited to, any employee who acts as the mascot of the Rockets),
coaches, trainers, affiliates, subsidiaries, 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 and 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;
(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;
(6) I am
at least eighteen (18) years of age as of the date of this Agreement;
(7) I have
the legal capacity and authority to act for and on behalf of the minor named
herein as the Participant. I agree to
INDEMNIFY, DEFEND AND HOLD HARMLESS each and all of the Released Parties for
any claims or liabilities assessed against them as a result of any
insufficiency of my legal capacity or authority to act for and on behalf of the
Participant in the execution of this Agreement; and
(8) I
hereby authorize any emergency medical care on Participant as may be necessary
if such need arises. I realize and
appreciate that there is a possibility of complications and unforeseen
consequences in any medical treatment, and I assume any such risk for and on
behalf of myself and the Participant.
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, license 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 internet, 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.