Painted Horse Foundation, Inc. 5K Charity Fundraiser
Participant Liability Waiver and Release of Claims
This Liability Waiver and Release of Claims (this “Agreement”) applies to participation in the Painted Horse Foundation, Inc.’s Lucy Ford Jackson Memorial 5K race charity fundraiser to be held on October 24, 2026 (the “Event”). Painted Horse Foundation, Inc. is a nonprofit organization. By signing below, the undersigned participant acknowledges and agrees to the terms of this Agreement. Participant understands that by signing this Agreement, Participant is giving up substantial legal rights.
1. Identification of Parties and Event
The parties to this Agreement are the undersigned participant (“Participant”) and Painted Horse Foundation, Inc., The City of Milton and Greenleaf Investments Partners L118, LLC including their directors, officers, lessees, employees, agents, event staff, vendors, medical
providers arranged by the Event, contractors, volunteers, sponsors, promoters, vendors, venue owners and operators, host municipalities and public entities, law enforcement and
first responders supporting the Event, and each of their respective parents, subsidiaries, affiliates, successors, and assigns (collectively, the “Released Parties”). This Agreement covers Participant’s presence at, and participation in, the Event and any related activities,
including pre- and post-Event activities on or about the Event date.
2. Voluntary Participation and Fitness to Participate
Participant represents that participation in the Event is voluntary and that Participant is physically fit and has no medical condition that would make participation unsafe.
Participant has consulted with a physician if Participant has any questions about fitness to participate and understands it is Participant’s responsibility to be adequately trained, hydrated, rested, and properly equipped for the Event.
3. Assumption of Risk
Participant understands and acknowledges that participation in and attendance at an outdoor 5K run/walk involves inherent and other risks, hazards, and dangers that cannot be eliminated, including but not limited to risks of uneven or slippery surfaces; trips and falls; collisions with persons, animals, vehicles, cyclists, or objects; adverse weather; heat, cold, humidity, rain, wind, lightning, and other environmental exposure; acts of terrorism; exposure to disease; traffic and road or path conditions; course congestion or defects; dehydration, cramps, overexertion, exhaustion, and other exertional injuries; cardiac,
respiratory, or other medical events; equipment failure or misuse; limited access to immediate medical care; and acts or omissions of other participants, spectators, volunteers,
third parties, and members of the public. Participant knowingly and freely assumes all such risks, both known and unknown, whether arising from the negligence of any Released Party or otherwise, to the fullest extent permitted by law.
4. Release and Waiver of Liability
To the fullest extent permitted by law, Participant, on behalf of Participant and Participant’s heirs, executors, administrators, and assigns, hereby releases, waives, and forever discharges the Released Parties from any and all claims, demands, actions, causes of action, damages, losses, costs, expenses, and liabilities of any kind or nature, in law or in equity, arising out of or related to Participant’s attendance at or participation in the Event, including but not limited to personal injury, illness, disability, death, property damage, or loss, whether caused in whole or in part by the negligence of any Released Party or otherwise. This release does not extend to claims that cannot be released under applicable law, including but not limited to claims of gross negligence, willful misconduct, or other non-waivable rights under Georgia law.
5. Covenant Not to Sue
Participant covenants and agrees not to commence, maintain, or participate in any suit, claim, arbitration, or other proceeding against any Released Party arising from or related to the matters released in Section 4, except to the limited extent such claims cannot lawfully be waived under applicable law.
6. Indemnification and Hold Harmless
Participant agrees to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, demands, actions, damages, losses, liabilities, judgments, fines, penalties, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or related to: Participant’s acts or omissions; Participant’s violation of Event rules or applicable laws; or any injury to third parties or damage to property caused by Participant,
except to the extent prohibited by applicable law.
7. Medical Authorization and Costs
Participant consents to the provision of first aid and to the administration of medical care and transportation in the event of injury, illness, or medical emergency during the Event as deemed advisable by Event personnel or medical professionals. Participant understands
that there may be delays or limitations in availability of medical care. Participant is solely responsible for all medical, evacuation, and related costs incurred and authorizes the
sharing of relevant medical information with providers for treatment and coordination of care.
8. Photo, Video, and Likeness Release
Participant grants the Released Parties the irrevocable, worldwide, royalty-free right to record, photograph, film, or otherwise capture Participant’s name, voice, statements,
image, and likeness at the Event, and to use, reproduce, display, distribute, publicly perform, adapt, modify, publish, and create derivative works therefrom for any lawful
purpose, including publicity, marketing, fundraising, and promotional materials, in any media now known or later developed, without further notice, approval, or compensation.
9. Personal Property Disclaimer
Participant is solely responsible for Participant’s personal property at the Event. The Released Parties are not responsible for loss, theft, or damage to any personal items brought to or left at the Event.
10. Compliance with Rules; Right to Remove
Participant agrees to comply with all Event rules, posted signs, course markings, instructions, and directions from Event personnel, law enforcement, and public officials,
including any time limits, start procedures, and safety protocols. The Released Parties reserve the right, in their sole discretion, to deny entry to, remove, or disqualify any
Participant whose conduct is unsafe, violates rules, appears medically unfit, or could disrupt the Event or endanger others, without refund.
11. Communicable Disease Assumption of Risk
Participant acknowledges the contagious nature of communicable diseases, including COVID-19, and voluntarily assumes the risk of exposure to or infection by such diseases by attending or participating in the Event, which may result in illness, injury, disability, or
death. Participant agrees to comply with any health and safety measures required or recommended by the Event or public authorities in effect at the time of the Event.
12. Severability; Entire Agreement; No Reliance
If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between the parties regarding its subject matter and supersedes all
prior or contemporaneous understandings, whether written or oral, regarding the same.Participant acknowledges not relying on any statements or representations other than those expressly set forth in this Agreement.
13. Governing Law; Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to this Agreement or the Event shall be brought exclusively in the state courts located in Fulton County, Georgia, and the parties consent to the jurisdiction and venue of such courts.
14. Acknowledgment of Understanding
PARTICIPANT HAS READ THIS AGREEMENT, FULLY UNDERSTANDS ITS TERMS, AND UNDERSTANDS THAT PARTICIPANT IS GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. Participant
acknowledges that Participant is signing this Agreement freely and voluntarily, and intends by Participant’s signature for this Agreement to be a complete and unconditional release of liability to the fullest extent permitted by law.
