PARTICIPANT WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT PLEASE READ CAREFULLY. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS. In consideration of being permitted to register for, attend, participate in, or otherwise take part in the WVSU Homecoming Mental Health 5K & 2.2K Run/Walk (“Event”), including the 5K course, 2.2K course, and any related activities, I acknowledge and voluntarily agree to the following: 1. ACKNOWLEDGMENT AND ASSUMPTION OF RISK I understand and acknowledge that running, walking, road racing, and participation in an athletic event are potentially hazardous activities that involve inherent and other risks of bodily injury, illness, permanent disability, paralysis, property damage, and death. I knowingly, freely, and voluntarily assume all risks, known and unknown, foreseeable and unforeseeable, associated with my participation in, attendance at, or presence at the Event. These risks include, but are not limited to: slips, trips, and falls; uneven, wet, slippery, cracked, defective, or otherwise hazardous roads, sidewalks, pavement, grass, curbs, stairs, pathways, and other surfaces; hills, changes in elevation, intersections, course markings, barriers, and other course conditions; collisions or contact with participants, spectators, volunteers, pedestrians, cyclists, animals, vehicles, equipment, or other persons or objects; vehicular traffic and road conditions; heat, humidity, cold, rain, wind, lightning, severe weather, or other environmental conditions; dehydration, overhydration, heat exhaustion, heat stroke, exhaustion, fatigue, cramping, dizziness, fainting, loss of consciousness, nausea, and vomiting; choking, aspiration, allergic reactions, food-related illness, or other reactions associated with water, sports drinks, food, refreshments, or other substances; respiratory distress, asthma attacks, seizures, cardiac events, heart attack, stroke, sudden cardiac arrest, or other medical emergencies; aggravation of known or unknown illnesses, injuries, or medical conditions; communicable or infectious diseases; actions, inactions, errors, or negligence of other participants or third parties; delayed, unsuccessful, inadequate, or unavailable first aid, emergency medical care, transportation, or other assistance; damage to, theft of, or loss of personal property; and any other risk associated with participation in or attendance at the Event. I understand that this list is not exhaustive and that additional risks may exist that are presently unknown, unexpected, or cannot reasonably be anticipated. I knowingly and voluntarily accept and assume full responsibility for these risks and any resulting injury, illness, disability, property damage, or death, to the fullest extent permitted by applicable law. 2. HEALTH, FITNESS, AND PERSONAL RESPONSIBILITY I certify that I am physically and medically capable of participating in the Event and have adequately prepared for the distance and activity I have chosen. I understand that it is my responsibility to determine whether I am medically fit to participate and to seek medical advice when appropriate. I agree not to participate if I know or reasonably believe that my health or physical condition makes participation unsafe. I understand that West Virginia State University and the Alpha Delta Chapter of Delta Sigma Theta Sorority, Incorporated do not guarantee or warrant my physical or medical fitness to participate and are not responsible for determining my individual fitness except as otherwise required by applicable law. I agree to immediately slow down, stop participating, and seek assistance if I experience chest pain, severe shortness of breath, dizziness, faintness, confusion, unusual weakness, significant pain, or other symptoms suggesting that continued participation may be unsafe. 3. RELEASE AND WAIVER OF LIABILITY To the fullest extent permitted by applicable law, I, for myself and on behalf of my heirs, estate, personal representatives, executors, administrators, successors, and assigns, hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE: West Virginia State University; the Alpha Delta Chapter of Delta Sigma Theta Sorority, Incorporated; Delta Sigma Theta Sorority, Incorporated, to the extent applicable; TSR Timing Group; Event organizers; sponsors; vendors; contractors; volunteers; race officials; medical personnel; and each of their respective governing boards, officers, directors, members, employees, agents, representatives, affiliates, successors, and assigns (collectively, the “Released Parties”) from any and all claims, demands, actions, causes of action, suits, damages, losses, liabilities, judgments, costs, and expenses arising from or relating to my registration for, attendance at, participation in, or presence at the Event, including claims involving personal or bodily injury, illness, choking, aspiration, allergic reaction, dehydration, heat-related illness, fainting, loss of consciousness, medical emergency, permanent disability, death, or damage to or loss of property, to the fullest extent permitted by applicable law. THIS RELEASE IS INTENDED TO INCLUDE CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF ANY RELEASED PARTY TO THE FULLEST EXTENT SUCH CLAIMS MAY LAWFULLY BE RELEASED OR WAIVED. Nothing in this Agreement is intended to release or waive any liability that cannot lawfully be released or waived under applicable law. 4. INDEMNIFICATION, DEFENSE, AND HOLD HARMLESS To the fullest extent permitted by applicable law, I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, actions, demands, damages, liabilities, losses, judgments, costs, and expenses, including reasonable attorneys’ fees and litigation expenses, arising out of or relating to my participation in, attendance at, or conduct in connection with the Event, including claims involving loss of life, bodily or personal injury, illness, medical emergency, and damage to or loss of property. This indemnification and hold-harmless obligation is intended to protect the Released Parties, including West Virginia State University and the Alpha Delta Chapter of Delta Sigma Theta Sorority, Incorporated, to the fullest extent permitted by applicable law. 5. WATER, FOOD, HYDRATION, AND REFRESHMENTS I understand that water, sports drinks, food, snacks, or other refreshments may be provided, distributed, or otherwise made available before, during, or after the Event. I understand and agree that I am responsible for determining whether, when, how, and in what quantity I consume any food, beverage, water, sports drink, or other refreshment. I am responsible for considering my own allergies, dietary restrictions, swallowing difficulties, hydration needs, medical conditions, medications, and other individual circumstances before consuming anything provided or available at the Event. I knowingly assume the risks associated with consuming food, water, beverages, or refreshments, including choking, aspiration, allergic reaction, gastrointestinal illness, dehydration, overhydration, electrolyte imbalance, injury, medical emergency, and death, to the fullest extent permitted by applicable law. 6. EMERGENCY MEDICAL CARE If I become injured, ill, unconscious, or otherwise experience a medical emergency during or in connection with the Event, I authorize Event personnel to contact emergency medical services and, when reasonably necessary, facilitate first aid, emergency medical treatment, transportation, or other assistance on my behalf. I understand that the Released Parties do not guarantee the availability, response time, adequacy, effectiveness, or outcome of first aid, emergency medical services, medical treatment, or transportation. I understand that I am responsible for medical expenses incurred on my behalf except to the extent otherwise required by applicable law. I further acknowledge that emergency care itself may involve risks and that outcomes cannot be guaranteed. 7. COURSE AND EVENT CONDITIONS I understand that the Event may take place on or around the campus of West Virginia State University and may involve roads, sidewalks, pathways, grass, curbs, intersections, hills, changes in elevation, vehicles, pedestrians, spectators, weather conditions, and other natural or man-made conditions. I understand that course conditions may change before or during the Event. I accept responsibility for remaining aware of my surroundings, obeying Event instructions and signage, exercising reasonable care, adjusting my pace when necessary, and stopping participation when conditions or my physical condition warrant. I agree to follow reasonable instructions issued by Event officials, volunteers, law enforcement, emergency personnel, or West Virginia State University personnel. 8. EVENT MODIFICATION, DELAY, OR CANCELLATION I understand that Event organizers may modify the course, delay the start, suspend activities, or cancel all or part of the Event when reasonably necessary because of weather, emergencies, safety concerns, governmental directives, campus conditions, or other circumstances. I agree to comply with such decisions and instructions. 9. PERSONAL PROPERTY I understand that I am responsible for my personal property before, during, and after the Event. To the fullest extent permitted by applicable law, I release the Released Parties from responsibility for personal property that is lost, stolen, misplaced, damaged, or destroyed in connection with the Event. 10. PHOTO, VIDEO, AND MEDIA RELEASE I understand that photographs, video, audio recordings, or other images or recordings may be created during the Event. I authorize my image, likeness, and voice captured in connection with the Event to be used for legitimate Event-related publicity, promotional, educational, archival, social media, or marketing purposes by West Virginia State University, the Alpha Delta Chapter of Delta Sigma Theta Sorority, Incorporated, and participating Event organizations without compensation to me, except where prohibited by applicable law. 11. PARTICIPANTS UNDER 18 YEARS OF AGE If the participant is under eighteen (18) years of age, a parent or legal guardian must complete or approve the participant’s registration and acknowledge this Agreement. The parent or legal guardian represents that they have legal authority to consent to the minor’s participation and acknowledges the nature and risks of the Event. Any release, waiver, assumption of risk, indemnification, or hold-harmless provision involving a minor shall apply only to the fullest extent permitted by applicable law. 12. GOVERNING LAW AND SEVERABILITY This Agreement shall be governed by and construed in accordance with the laws of the State of West Virginia, without regard to conflict-of-law principles. If any provision or portion of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be limited, modified, or severed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect to the fullest extent permitted by law. 13. ACKNOWLEDGMENT AND VOLUNTARY ACCEPTANCE I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS AGREEMENT IN ITS ENTIRETY AND UNDERSTAND ITS TERMS. I understand that participation in the WVSU Homecoming Mental Health 5K & 2.2K Run/Walk is voluntary. I understand that this Agreement contains provisions concerning assumption of risk, release and waiver of liability, indemnification, defense, and hold harmless obligations and that by accepting this Agreement I may be giving up substantial legal rights. I acknowledge that I have had the opportunity to review this Agreement before participating and voluntarily agree to its terms without coercion or undue influence. BY SIGNING, CHECKING THE ACCEPTANCE BOX, OR ELECTRONICALLY ACCEPTING THIS AGREEMENT, I ACKNOWLEDGE THAT I HAVE READ, UNDERSTAND, AND VOLUNTARILY AGREE TO BE BOUND BY ITS TERMS.