MBUSI American Cancer Society Activity Day 5k Run

The individual named below (referred to as I or me) desires to participate in certain voluntary recreational activities, including but not limited to participation in softball, long-distance running, and walking activities (collectively, the Activities) at the premises owned and/or operated by the Town of Coaling (the Property), at an event sponsored by Mercedes-Benz U.S. International, Inc. in support of the American Cancer Society, Inc. (collectively, together with the Town of Coaling and Mercedes-Benz U.S. International, Inc., the Event Team). In consideration of being permitted by the Event Team to enter onto the Property and/or to engage in the Activity and in recognition of the Event Team's reliance hereon, I agree to all the terms and conditions set forth in this agreement (this Release).

1. I am aware and understand that the Activity and entrance onto the Property may include risks, hazards and dangers. I acknowledge that these risks, hazards, and dangers may result from or be compounded by the actions, omissions, or negligence of the Event Team, the Event Team's employees or others, including, without limitation, negligent emergency response or rescue operations of the Event Team. I understand that the Event Team cannot guarantee that I will not be injured due to my participation in the Activity or entrance onto the Property. NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY AND ENTERING THE PROPERTY WITH KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF INJURY, ILLNESS, DISABILITY, DEATH, OR PROPERTY DAMAGE ARISING FROM THE ACTIVITY OR ENTRANCE ONTO THE PROPERTY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE EVENT TEAM OR OTHERWISE.

2. I hereby expressly waive and release any and all claims, now known or hereafter known, against the Event Team, and its insurers, officers, directors, managers, employees, agents, subsidiaries, affiliates, associates, members, successors, and assigns (collectively, Releasees), on account of injury, illness, disability, death, or property damage arising out of or attributable to the Activity and/or entrance to the Property, whether arising out of the ordinary negligence of the Event Team or any Releasees or otherwise. I covenant not to make or bring any such claim against the Event Team or any other Releasee, and forever release and discharge the Event Team and all other Releasees from liability under such claims. This provision shall survive the termination of this agreement.

3. This Release constitutes the sole and entire agreement of the Event Team and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Event Team and me and our respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Alabama without giving effect to any choice or conflict of law provision or rule (whether of the State of Alabama or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Tuscaloosa County, Alabama and I hereby consent to the exclusive jurisdiction of such courts.

BY ACCEPTING THESE TERMS, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE EVENT TEAM and releasees. I ACKNOWLEDGE THAT THE TERMS OF THIS RELEASE OF LIABILITY SHALL APPLY TO MY ENTRANCE AND/OR USE OF THE PROPERTY AND ANY RELATED ACTIVITY.

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