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Tour de Houston presented by Apache Corporation

Houston, TX 77010

Registrant #1

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$45.00 + $3.70 SignUp Fee

$45.00 + $3.70 SignUp Fee

$45.00 + $3.70 SignUp Fee

Open to ages 12 and under.

$25.00 + $2.50 SignUp Fee

Open to ages 12 and under.

$25.00 + $2.50 SignUp Fee

Open to ages 12 and under.

$25.00 + $2.50 SignUp Fee

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Waiver

In consideration of the opportunity to participate in the Tour de Houston Presented by Apache Corporation on Sunday, April 13, 2025 (the “Activity”), and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I freely agree to and hereby make the following irrevocable representations and enter into this binding Activity Waiver and Release Agreement (“Agreement”) with Houston First Corporation, a Texas local government corporation formed by the City of Houston:

FOR AND ON BEHALF OF MYSELF AND MY HEIRS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, I HEREBY EXPRESSLY RELEASE, ACQUIT, WAIVE, FOREVER DISCHARGE, AND COVENANT NOT TO SUE HOUSTON FIRST CORPORATION, THE CITY OF HOUSTON, HOUSTON CIVIC EVENTS INC., AND APACHE CORPORATION, INCLUDING THEIR RESPECTIVE EMPLOYEES, OFFICERS, AGENTS, DIRECTORS, ELECTED AND APPOINTED OFFICIALS, SHAREHOLDERS, MEMBERS, SPONSORS, VOLUNTEERS, AND CONTRACTORS OF ANY TIER (COLLECTIVELY, “RELEASED PARTIES”) IN CONNECTION WITH ANY CLAIM, LIABILITY, DEMAND, PENATLTY, COST, EXPENSE, OR LOSS OF ANY KIND OR TYPE (COLLECTIVELY, “CLAIMS”), NOW KNOWN OR HEREAFTER KNOWN, FOR OR RELATED TO PERSONAL OR BODILY INJURY, ILLNESS, DISABILITY, DEATH, OR LOSS, DAMAGE OR DESTRUCTION OF ANY PROPERTY CAUSED BY, RESULTING FROM, OR ARISING OUT OF THE ACITIVTY, INCLUDING CLAIMS CAUSED IN PART BY THE NEGLIGENCE OF THE RELEASED PARTIES, TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, I AGREE TO AND SHALL DEFEND, INDEMNIFY, AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ALL CLAIMS CAUSED BY OR ARISING OUT OF MY NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS IN CONNECTION WITH MY PARTICIPATION IN THE ACTIVITY.

I am aware, understand, acknowledge, and accept that there are inherent risks and dangers associated with the Activity, both known and unknown, including, by way of example and not limitation, falls, collisions, physical or emotional trauma, adverse health effects, inclement weather (including heat and/or humidity), as well as incidents and accidents involving vehicles, cyclists, pedestrians, spectators, or other persons or objects. NOTWITHSTANDING THE INHERENT RISKS AND DANGERS OF THE ACITIVTY, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING WITH FULL KNOWLEDGE AND AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED, AND I HEREBY AGREE TO, ACCEPT, AND FULLY ASSUME ANY AND ALL RISKS OF PERSONAL OR BODILY INJURY, ILLNESS, DISABILITY, DEATH, OR LOSS, DAMAGE OR DESTRUCTION OF ANY PROPERTY CAUSED BY, RESULTING FROM, OR ARISING OUT OF THE ACITIVTY, INCLUDING CLAIMS CAUSED IN PART BY THE NEGLIGENCE OF THE RELEASED PARTIES, TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW.

In connection with the Activity, I represent and warrant to the Released Parties that I am: (a) in good health and in proper physical condition to participate; (b) solely responsible for providing and maintaining a bicycle that is in good working condition and otherwise appropriate; (c) required to provide and shall wear an ANSI- or Snell-approved bicycle helmet; and (d) strictly responsible for compliance with all traffic laws, ordinances, rules and regulations. Further, I acknowledge and agree that I am solely responsible for arranging and paying for any medical, life, accident, property, automobile, cancellation, or other forms of insurance that I may desire or require, as no liability coverage will be provided by the Released Parties.

I hereby grant to the Released Parties an irrevocable, royalty-free, non-exclusive license to film, photograph, record, and broadcast my name, likeness, image, voice, any other information supplied by me in connection with my participation in the Activity (my “Appearance”). Further, I hereby grant the Released Parties ownership of my Appearance, including the right to publish, reproduce, modify, edit, distribute, or otherwise use and exploit my Appearance, or any portion thereof, and the right to license others to use any of the foregoing rights, in any manner and in all media, now known or hereafter devised, throughout the universe in perpetuity, including, without limitation, in advertising, publications, marketing materials, web pages, and other publications of any kind or type, in connection with the Activity, promotion of Houston, or otherwise.

I agree that all disputes arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any choice or conflict of law provision or rule. I agree any claim or cause of action arising under this Agreement must be brought, individually and not collectively, in the federal and state courts located in Harris County, Texas. I accept and consent to the exclusive jurisdiction of such courts and I HEREBY WAIVE ANY AND ALL DEFENSES OR OBJECTIONS BASED ON VENUE, INCONVENIENT FORUM, OR LACK OF PERSONAL JURISDICTION. If any term or provision of this Agreement or the application thereof to any party or circumstance is held invalid, illegal, or unenforceable to any extent, then the remaining terms and provisions of this Agreement and their application to other parties or circumstances shall not be affected thereby and shall be enforced to the greatest extent allowed under applicable law. This Agreement constitutes my sole and entire agreement with respect to the subject matter herein and it shall supersede and control over any prior verbal or written agreements or understandings.

I REPRESENT THAT I HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT WITHOUT EXCEPTION; FURTHER, I ACKNOWLEDGE I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.

**** FOR MINORS UNDER 18 YEARS OLD ****

The undersigned parent or guardian does hereby represent and warrant to the Released Parties that he/she is, in fact, acting in such capacity, and AGREES and CONSENTS to his/her child or ward’s participation in the Activity and agrees, without exception or objection, individually and on behalf of the child or ward, to the terms, conditions and restrictions of the foregoing Activity Waiver and Release Agreement. The undersigned parent or guardian further agrees, to the fullest extent allowed under applicable law, to DEFEND, INDEMNIFY and HOLD THE RELEASED PARTIES HARMLESS from and against any loss, claim, damage, cost, expense, or other liability of any kind or type whatsoever which may be imposed upon said parties due, in whole or in part, to any defect in or lack of such capacity to act and release said parties on behalf of the minor and his/her parents or legal guardian.




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