In consideration for participating in any way in the Event, I the undersigned, for myself, (if applicable)
the minor participant child(ren), and for each of our respective “Releasors” (as defined below), agree
as follows:

​

Assumption of Risk: The undersigned hereby acknowledges and agrees on behalf of himself/herself
and any other participant(s) identified above that he/she:

    (a) understands the nature of the Event;
    (b) understands that the event may include, but is not limited to, lifting, running, jumping, and contactwith other           Participants (“Volunteer Activities”);

    (c) is qualified, in good health, and in proper physical condition to be present at the Event and
         participate in any and all activities therein;
         acknowledges that there are certain inherent risks and dangers associated with the Event

    (d) and the undersigned knowingly and voluntarily, accepts and assumes responsibility for
         any risks and dangers that could arise out of, or occur during, his/her presence at and
         participation in the Event, including but not limited to INJURY, DISABILITY, DEATH,
         AND/OR PROPERTY DAMAGE;
    (e) acknowledges the contagious nature of communicable diseases, (including without
         limitation influenza and COVID-19) or illness (including without limitation exposure to
         bacteria, virus, or other pathogen capable of causing a communicable disease or illness),
         and assumes and accepts the risk of exposure to or infection to all communicable diseases
         and illness connected with his/her participation in the Event, and that such exposure or
         infection may result in bodily injury, illness, disability, death, and other harm. The
         Participant understands that the risk of becoming exposed to or infected by a
         communicable disease or illness may result from the actions, omissions or negligence of
        Participant and others, including, but not limited to, the Releasees and other participants;
    (f) acknowledges and agrees that, except as expressly set forth herein, he/she knowingly
        and voluntarily, accepts, and assumes responsibility for, each of these risks and dangers,
        and all other risks and dangers that could arise out of, or occur during, his/her participation
        in the Event; and

   (g) will comply with any and all on-site directions, guidelines and rules of conduct at the Event,
        as set forth by Releasees (as defined below) or their representatives.

​

ASSUMPTION OF RISK, RELEASE, WAIVER,COVENANT NOT TO SUE AND INDEMNITY AGREEMENT

​

Release/Waiver/Covenant Not to Sue: TO THE FULLEST EXTENT PERMITTED BY LAW, ON BEHALF OF MYSELF AND ANY OTHER PARTICIPANT(S) IDENTIFIED ABOVE, IN CONSIDERATION OF PERMITTING MY/OUR PARTICIPATION IN THE EVENT, THE UNDERSIGNED, ON BEHALF OF MYSELF, MY SPOUSE (IF ANY), MY PARTNER, MY CHILD(REN) (IF ANY), AND EACH OF OUR RESPECTIVE PAST, PRESENT, AND FUTURE

 

AGENTS, REPRESENTATIVES, HEIRS, EXECUTORS, ESTATES, ADMINISTRATORS, TRUSTEES, SUCCESSORS, LICENSEES, AND ASSIGNS (COLLECTIVELY “RELEASORS”), HEREBY IRREVOCABLY RELEASE, AGREE TO HOLD HARMLESS, WAIVE, AND DISCHARGE ANY AND ALL LIABILITY OF THE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION (“NCAA”) AND ITS MEMBER INSTITUTIONS, TNT SPORTS, EVENT SPONSORS, SAN ANTONIO SPORTS, VISIT SAN ANTONIO, THE UNIVERSITY OF TEXAS AT SAN ANTONIO, UNIVERSITY OF THE 
INCARNATE WORD, 2025 SAN ANTONIO LOCAL ORGANIZING COMMITTEE, OWNERS AND LESSEES OF THE PREMISES ON WHICH THE EVENT TAKES PLACE, AND EACH OF THEIR PARENTS, SUBSIDIARIES, AFFILIATES, AND RELATED ENTITIES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, CONTRACTORS, SUBCONTRACTORS, AGENTS, REPRESENTATIVES, INSURERS, LICENSEES, SUCCESSORS, PREDECESSORS, AND ASSIGNS (COLLECTIVELY, THE “RELEASEES”), FOR AND FROM ANY
AND ALL RIGHTS, CLAIMS, DEMANDS, LOSSES, DAMAGES, EXPENSES, COSTS (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES), AND/OR ACTIONS OF ANY NATURE, WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, AND WHETHER ARISING FROM, WITHOUT LIMITATION, THE SOLE NEGLIGENCE OF THE RELEASEES, EXCEPT FOR THOSE ARISING FROM WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR INTENTIONAL TORTS OF THE RELEASEES, WHICH ANY OF THE RELEASORS MAY HAVE OR ACQUIRE IN
CONNECTION WITH MY/OUR PARTICIPATION IN THE EVENT, INCLUDING, WITHOUT LIMITATION, ANY BODILY INJURY, PERSONAL INJURY (INCLUDING, WITHOUT LIMITATION, DEATH AND/OR COVID-19), LOSS OF CONSORTIUM, OR PROPERTY DAMAGE/LOSS THAT ANY OF THE RELEASORS MAY INCUR IN CONNECTION WITH PARTICIPATION IN THE EVENT (COLLECTIVELY “CLAIMS”). ON BEHALF OF THE RELEASORS AND MYSELF, I FURTHER HEREBY IRREVOCABLY AND UNCONDITIONALLY ACQUIT, COVENANT AND AGREE NOT TO SUE OR INSTITUTE ANY OTHER ACTION OR CLAIM AGAINST THE RELEASEES FOR ANY CLAIMS ARISING FROM THE EVENT. At-Will Volunteer: THE UNDERSIGNED HEREBY ACKNOWLEDGES AND AGREES ON BEHALF OF HIMSELF/HERSELF AND ANY OTHER PARTICIPANT(S) IDENTIFIED ABOVE THAT HE/SHE EXPRESSLY WAIVES CLAIMS FOR ANY FINANCIAL ASSISTANCE AND/OR COMPENSATION IN CONNECTION WITH THE EVENT. THE UNDERSIGNED ON BEHALF OF HIMSELF/HERSELF AND ANY OTHER PARTICIPANT(S) IDENTIFIED ABOVE HEREBY ACKNOWLEDGES THAT HE/SHE IS VOLUNTEERING HIS/HER SERVICES FOR THE EVENT, WITHOUT PROMISE OR EXPECTATION OF COMPENSATION, AND THAT HE/SHE IS WAIVING ANY RIGHT TO RECEIVE THE MINIMUM WAGE PURSUANT TO FEDERAL LAW AND THE TEXAS MINIMUM WAGE LAW
(SEC. 62.051 ET SEQ.). THE UNDERSIGNED ON BEHALF OF HIMSELF/HERSELF AND ANY OTHER  PARTICIPANT(S) IDENTIFIED ABOVE ALSO UNDERSTANDS THAT HE/SHE IS VOLUNTEERING HIS/HER SERVICES FOR THE EVENT WITHOUT ANY EXPECTATION OR UNDERSTANDING THAT HE/SHE WILL BE SUBSEQUENTLY OFFERED A PAID POSITION BY THE NCAA OR ANY OF THE RELEASEES, AND ACCORDINGLY, THIS VOLUNTEER WAIVER AND RELEASE DOES NOT CONSTITUTE A CONTRACT FOR HIRE UNDER ANY CIRCUMSTANCES, UNLESS PROVIDED FOR IN A SEPARATE WRITTEN AGREEMENT. THE UNDERSIGNED ON BEHALF OF HIMSELF/HERSELF AND ANY OTHER PARTICIPANT(S) IDENTIFIED ABOVE AGREES THAT HE/SHE IS NOT AN AGENT, EMPLOYEE, OR CONTRACTOR OF THE RELEASEES, AND HAVE NO AUTHORITY TO ACT ON THEIR
BEHALF. THE UNDERSIGNED ON BEHALF OF HIMSELF/HERSELF AND ANY OTHER PARTICIPANT(S) IDENTIFIED ABOVE ACKNOWLEDGES FURTHER THAT NOTHING IN THIS ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT SHALL OBLIGATE THE NCAA AND RELEASEES TO CONTINUE TO RETAIN THE PARTICIPANT AS A VOLUNTEER, AND THAT THE NCAA AND RELEASEES HAS AND WILL CONTINUE TO HAVE THE ABSOLUTE AND UNCONDITIONAL RIGHT TO TERMINATE THE PARTICIPANT’S VOLUNTEER SERVICES FOR ANY REASON OR NO REASON, WITH OR WITHOUT CAUSE OR PRIOR NOTICE.
 

Indemnification: FOR MYSELF AND ANY OTHER PARTICIPANT(S) IDENTIFIED ABOVE, TO THE FULLEST EXTENT PERMITTED BY LAW, I HEREBY AGREE, ON BEHALF OF MYSELF AND THE RELEASORS, TO INDEMNIFY, DEFEND (AT RELEASEES’ OPTION) AND HOLD HARMLESS RELEASEES FROM AND FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES, DAMAGES, EXPENSES, COSTS (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) AND/OR ACTIONS WHICH MAY ARISE OUT OF OR IN CONNECTION WITH MY/OUR PRESENCE AT THE
EVENT OR PARTICIPATION IN ANY ACTIVITIES WHATSOEVER AT THE EVENT, INCLUDING WITHOUT LIMITATION, CLAIMS OR ACTIONS ALLEGEDLY ARISING OUT OF OR IN CONNECTION WITH ANY ACTS OR OMISSIONS WHICH ARE CAUSED BY THE SOLE NEGLIGENCE OF ANY RELEASEE.

Permission to Use Likeness/Name: For myself and any other participant(s) identified above (if applicable), the undersigned further grants to each of the Releasees an irrevocable, perpetual, worldwide, royalty-free right (but not the obligation) to make and exploit both visual and/or audio recordings and still images of Participant and to use my/our name, voice, likeness, and/or biographical information, in whole or in part (collectively “Likeness”) in any manner, medium, device, or forum whatsoever, whether now known or hereafter devised, including, without limitation, the use of Participant’s Likeness in connection with any promotional/marketing materials and/or other materials or media advertising, marketing, publicizing, and/or promoting the Event and/or any of Releasees’
businesses. Participant agrees that the rights granted hereunder shall include the perpetual, worldwide right of the Releasees to edit, display, distribute, rerun, record, publish, reproduce, use, license, print, distribute and/or otherwise exploit Participant’s Likeness in any manner and in any medium or forum whether now known or hereafter devised, in whole or in part, without any further notice or compensation to Participant.

Permission to Collect/Utilize Personal Data: For myself and other participant(s) identified above (if applicable), the undersigned further expressly grants to each of the NCAA and WBD permission to collect provided personal data about myself (and other participants identified above) including, but not limited to, our name, address, email address, and other provided contact information. The NCAA and WBD may use this provided personal data for fulfilling our participation in the Event, as well as for other research and marketing business purposes. NCAA and WBD may share our provided personal data with trusted third parties who assist in the NCAA and/or WBD’s
business operations. The NCAA and WBD will not keep our provided personal data for longer than reasonably necessary and will take reasonable steps to ensure its security and protection. I hereby acknowledge and agree that the NCAA and WBD are permitted to collect, utilize, store, hold, process, or transfer our provided personal data in the course of their business (including, but not limited to, for research/marketing purposes) and in accordance with applicable data privacy laws. At any time, I may access, update, or correct our provided personal data or withdraw our consent and opt-out regarding its collection, use, storage, processing, or transfer by contacting:
2025volunteers@sanantoniosports.org.

Governing Law/Severability: This Agreement shall be governed by and construed in accordance with the laws of the State of TEXAS, excluding the conflicts of laws principles thereof. On behalf of the Releasors, the undersigned agrees that state or federal courts located in [SAN ANTONIO,TEXAS] shall have personal jurisdiction over me/us with respect to and shall be the exclusive forum for the resolution of, any controversy or dispute arising from or relating to this Agreement. The undersigned expressly agrees that this Agreement is intended to be as broad and inclusive as is permitted by law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect 

 

Confidentiality: For himself/herself and other participant(s) identified above (if applicable), the undersigned acknowledges that the he/she is responsible for maintaining the confidentiality of any proprietary or privileged information of the NCAA and to which the he/she is exposed while serving as a volunteer.

Acknowledgment of Understanding: The undersigned has read this Agreement in its entirety and has had the opportunity to ask questions about the same. The undersigned fully understands that by signing this Agreement and assuming the risks associated with participation in the Event, as well as further agreeing to release, covenant not to sue, waive liability, and indemnify the Releasees, that the undersigned is giving up substantial rights in connection therewith, and that its terms are contractual, and not a mere recital. The undersigned acknowledges that he/she is signing this agreement freely and voluntarily, that this represents the entire agreement and understanding between the Releasees and the undersigned, and the undersigned is not relying on any statement or representation of fact
or opinion by any of the Releasees or any third party, except as expressly set forth herein. This Agreement supersedes any other written or oral communications between the Releasees and me or the Releasees and any other participant(s) specified above regarding the subject hereof.

Authority to Sign: The undersigned further warrants and represents, on behalf of him or herself, and any other participant(s) identified above, that he or she has the authority to sign this Agreement as an individual or as the parent, legal guardian and/or any other authorized signatory of any other minor participant(s) identified above.