WAIVER AND HOLD HARMLESS AGREEMENT

WOMEN OF GOD TAMPA BAY CHARITY 5K RUN

THIS WAIVER AND HOLD HARMLESS AGREEMENT (the "Agreement") is made and entered into by and between Women of God Tampa Bay, a Florida nonprofit corporation with 501(c)(3) status ("Organizer"), and the individual participant who electronically executes this Agreement ("Participant").

RECITALS

WHEREAS, Organizer is hosting a charitable 5K run event (the "Event") to raise funds for its nonprofit mission; and

WHEREAS, Participant desires to voluntarily participate in the Event; and

WHEREAS, Participant acknowledges that participating in a 5K run involves inherent risks, including but not limited to physical injury, property damage, or death; and

WHEREAS, Participant wishes to assume all such risks in exchange for the opportunity to participate in the Event.

NOW, THEREFORE, in consideration of being permitted to participate in the Event, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Participant agrees as follows:

DEFINITIONS
1. "Released Parties" means Organizer and its directors, officers, employees, volunteers, agents, contractors, successors, and assigns.
2. "Claims" means any and all liabilities, claims, demands, actions, causes of action, losses, damages, costs, and expenses of any kind (including reasonable attorneys' fees) arising out of or related to Participant's participation in the Event.
ASSUMPTION OF RISK
1. Participant acknowledges and understands that participation in the Event involves inherent risks, including but not limited to:
  1. Physical injury, illness, permanent disability, or death;
  2. Property damage or loss;
  3. Exposure to extreme weather conditions;
  4. Accidents or collisions with other participants, spectators, vehicles, or fixed objects;
  5. Falls, trips, or other injuries due to surface conditions, equipment failure, or inadequate facilities;
  6. Health risks associated with physical exertion, including heart attack, stroke, heat exhaustion, or other medical emergencies; and
  7. Any other risks associated with outdoor athletic events.
2. Participant expressly and voluntarily assumes all risks associated with participating in the Event, whether known or unknown, foreseeable or unforeseeable, and accepts full responsibility for any injuries, damages, or losses that Participant may sustain as a result of participation in the Event, regardless of whether such injuries, damages, or losses result from the negligence of the Released Parties.
RELEASE FROM LIABILITY
1. Participant, on behalf of himself/herself and his/her heirs, executors, administrators, and assigns, hereby fully and forever releases, waives, discharges, and covenants not to sue the Released Parties from any and all Claims arising out of or related to Participant's participation in the Event.
2. This release and waiver includes, without limitation, any Claims based on the negligence, action, or inaction of the Released Parties, except for Claims arising from gross negligence or willful misconduct.
3. Participant acknowledges and agrees that this release and waiver is intended to be as broad and inclusive as permitted by the laws of the State of Florida.
INDEMNIFICATION
1. Participant agrees to defend, indemnify, and hold harmless the Released Parties from and against any and all Claims arising out of or resulting from Participant's participation in the Event, including Claims arising from Participant's negligent or intentional acts or omissions.
2. This indemnification obligation includes, but is not limited to, reasonable attorneys' fees and costs incurred by the Released Parties in defending against such Claims.
MEDICAL TREATMENT AUTHORIZATION
1. Participant authorizes the Released Parties to secure emergency medical care or transportation for Participant if deemed necessary by the Released Parties.
2. Participant agrees to assume all costs of emergency medical care and transportation.
3. Participant acknowledges that the Released Parties have no obligation to provide medical assistance during the Event beyond basic first aid.
REPRESENTATIONS AND WARRANTIES
1. Participant represents and warrants that:
  1. Participant is in good health and physically capable of participating in the Event;
  2. Participant has no known physical or mental conditions that would affect Participant's ability to safely participate in the Event or that would result in Participant's participation creating a risk of harm to Participant or others;
  3. Participant is not under the influence of any drugs, alcohol, or other substances that would impair Participant's ability to safely participate in the Event;
  4. Participant will comply with all rules, regulations, and instructions issued by the Organizer regarding the Event; and
  5. Participant has adequate medical insurance to cover any injuries that Participant may sustain while participating in the Event.
2. PREVAILING PARTY ATTORNEYS' FEES AND COSTS
  1. In the event of any dispute, claim, or legal action arising out of or related to this Agreement or Participant's participation in the Event, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable attorneys' fees, court costs, and expenses incurred in connection with such dispute, claim, or legal action, including any appeals.

MANDATORY PRE-SUIT MEDIATION
1. Prior to filing any lawsuit or initiating any formal legal proceeding against the Released Parties arising out of or related to this Agreement or Participant's participation in the Event, Participant agrees to engage in good faith mediation with the Organizer in an attempt to resolve the dispute.
2. The mediation shall be conducted by a mediator mutually agreed upon by the parties or, if the parties cannot agree, by a mediator selected by the American Arbitration Association.
3. The costs of mediation shall be shared equally by the parties.
4. Mediation shall be a condition precedent to the filing of any lawsuit or the initiation of any formal legal proceeding, except for emergency injunctive relief.

MANDATORY ARBITRATION
1. Any dispute, claim, or controversy arising out of or relating to this Agreement or Participant's participation in the Event that is not resolved through mediation shall be resolved exclusively through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules.
2. The arbitration shall be conducted by a single arbitrator selected in accordance with the AAA rules.
3. The arbitration shall take place in Hillsborough County, Florida, unless otherwise agreed by the parties.
4. The arbitrator shall apply the substantive law of the State of Florida.
5. The arbitrator's decision shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.
6. Each party shall bear its own attorneys' fees and costs in connection with the arbitration, subject to Section 7 of this Agreement.

GOVERNING LAW AND VENUE
1. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice of law or conflict of law provisions.
2. For any matters not subject to arbitration, the parties consent to the exclusive jurisdiction of the state and federal courts located in Hillsborough County, Florida.

SEVERABILITY
1. If any provision of this Agreement is held to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the intent of the parties.
2. If such modification is not possible, the provision shall be severed from this Agreement without affecting the validity, legality, or enforceability of the remaining provisions.
3. In such event, the parties shall negotiate in good faith to replace the invalid, illegal, or unenforceable provision with a valid, legal, and enforceable provision that achieves, to the extent possible, the original intent of the parties.
ELECTRONIC EXECUTION
1. Participant acknowledges and agrees that this Agreement may be executed electronically by clicking a box indicating Participant's acceptance during the online registration process for the Event.
2. Participant further acknowledges and agrees that such electronic execution shall have the same legal effect as if Participant had physically signed this Agreement.
3. Participant acknowledges that Participant has had the opportunity to review this Agreement before electronically executing it and has done so voluntarily and with full understanding of its terms.
PHOTO AND MEDIA RELEASE
1. Participant grants permission to the Organizer to take and use photographs, video recordings, or other media of Participant in connection with the Event for any lawful purpose, including publicity, advertising, and web content, without compensation to Participant.
2. Participant waives any right to inspect or approve the finished product wherein Participant's likeness appears.
FORCE MAJEURE
1. The Organizer shall not be liable for any failure to perform its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, government restrictions, wars, terrorist acts, riots, or other force majeure events.
2. In the event of such force majeure, the Organizer reserves the right to cancel, modify, or reschedule the Event without liability.
ENTIRE AGREEMENT
1. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written.
2. This Agreement may not be amended, modified, or supplemented except by a written instrument executed by both parties.
ACKNOWLEDGMENT
1. PARTICIPANT ACKNOWLEDGES THAT PARTICIPANT HAS CAREFULLY READ THIS AGREEMENT, UNDERSTANDS ITS CONTENTS, AND VOLUNTARILY SIGNS IT WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.
2. PARTICIPANT UNDERSTANDS THAT BY SIGNING THIS AGREEMENT, PARTICIPANT IS WAIVING SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES.
3. PARTICIPANT ACKNOWLEDGES THAT PARTICIPANT HAS HAD THE OPPORTUNITY TO SEEK LEGAL ADVICE REGARDING THIS AGREEMENT BEFORE SIGNING IT.

By clicking the box indicating acceptance during the online registration process, Participant acknowledges that Participant has read, understands, and agrees to be bound by all terms and conditions of this Agreement

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