ACCIDENT WAIVER AND RELEASE OF LIABILITY:
I acknowledge that this athletic event is an extreme test of a person's physical and mental limits and carries with it the potential for death, serious injury and property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of athletes, equipment, vehicular traffic, actions of other people including, but not limited to, participants, volunteers, spectators, coaches, event officials, and event monitors, and/or producers of the event, and lack of hydration. These risks are not only inherent to athletics, but are also present for volunteers.
I hereby assume all of the risks of participating &/or volunteering in this event. I realize that liability may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained or controlled by them or because of their possible liability without fault. I certify that I am physically fit, have sufficiently trained for participation in the event and have not been advised otherwise by a qualified medical person.
I acknowledge that this Accident Waiver and Release of Liability (AWRL) form will be used by the event holders, sponsors and organizers, in which I may participate and that it will govern my actions and responsibilities at said events. In consideration of my application and permitting me to participate in this event, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows: (A) Waive, Release and Discharge from any and all liability for my death, disability, personal injury, property damage, property theft or actions of any kind which may hereafter accrue to me or my traveling to and from this event,
THE FOLLOWING ENTITIES OR PERSONS: The sponsors, race directors and their directors, officers, employees, volunteers, representatives, agents, the event holders, event volunteers, specifically but not exclusively, Go-Green Events, Spartanburg Regional Health System, the RRCA and Milliken & Company: (B) Indemnify and Hold Harmless the entities or persons mentioned in this paragraph from any and all liabilities or claims made by other individuals or entities as a result of any of my actions during this event. I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident and or illness during this event. I understand that at this event or related activities, I may be photographed. I agree to allow my photo, video or film likeness to be used for any legitimate purpose by the event holders, producers, sponsors, organizers and or assigns. This AWRL shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. I hereby certify that I have read this document; and, I understand it’s contents.
PARENT GUARDIAN WAIVER FOR MINORS (Under 18 years old): The undersigned parent and natural guardian or legal guardian does hereby represent that he/she is, in fact, acting in such a capacity and agrees to save and hold harmless and indemnity each and all of the parties referred to above from all liability, loss, cost, claim or damage whatsoever which may be imposed upon said parties because of any defect in or lack of such capacity to so act and release said parties on behalf of the minor and the parents or legal guardian.
Milliken and Company waiver:
EVENT PARTICIPANT WAIVER, RELEASE, INDEMNIFICATION AND ASSUMPTION OF RISK AGREEMENT
I understand that the Ready For Fall (the “Event”), is an athletic event where participants are invited to run in support of Cross Country. It requires participants to agree to the terms and conditions of participation mentioned below. In exchange for acceptance of my registration and/or permission to participate in the Event, I agree as follows:
Waiver, Release, & Indemnification: By signing this Agreement, I acknowledge that I understand its intent, and I for myself, my heirs, executor, administrator and representatives, do hereby agree to waive, release, hold harmless, and indemnify in advance the Sponsors, including but not limited to Milliken & Company, promoters, sponsors, volunteers, promoting clubs, event officials, cooperating organizations, and any other parties connected with the Event in any way together with their respective employees, boards, directors, volunteers, successors and assigns, singly and collectively (“Released Parties”), from and against any blame and liability for any injury, death, harm, loss of property, property damage, inconvenience and/or any other damage of any kind whatsoever, which may result from or be connected in any way to my participation in the Event, even though that liability may arise out of negligence or carelessness on the part of the Released Parties.
Acknowledgment & Assumption of Risk: I fully acknowledge and understand that serious accidents can occur while participating in an athletic event such as this Event, and that participants in such athletic events occasionally sustain mortal or serious physical and/or mental trauma or injury as a consequence thereof. By way of example, but not limited to, such accidents or injuries may result from the following: the dangers of collision with pedestrians, vehicles, other Event Participants, and fixed or moving objects; the dangers arising from surface hazards, including pot holes; equipment failure; inadequate safety equipment; my own negligence; and weather conditions. Knowing the risks of my participation in the Event, nevertheless, I hereby agree to assume full responsibility for the risks associated with participation in the Event and to release and hold harmless the Released Parties who (through negligence or carelessness) might otherwise be liable to me or my heirs or assigns for damages.
Representations: In addition to the absolute and unqualified release from all liability, I hereby represent that I am physically and mentally capable of participation in the Event; that any equipment I may use to participate in the Event is in good working condition; that I will observe all applicable traffic and event rules; that I will generally conduct myself in a safe and prudent manner while participating in the Event; and I hereby absolve and hold harmless the Released Parties from any damage I may sustain because of any breach of these representations.
Medical Treatment: I hereby consent to and permit emergency treatment in the event of injury or illness while participating in the Event and fully release and waive all Released Parties and/or medical personnel from any claim whatsoever on account of first aid, treatment, or service rendered to me during my participation in the Event. I further consent to the release by any third party to Released Parties and their insurance carriers of my name and medical information that may relate solely to any injury or death I may suffer arising from the Event.
Permission to Use Name & Likeness: In further consideration of the acceptance of my registration and/or permission to participate in the Event, I hereby grant unrestricted permission to use any photographs, videotapes, and other records of the Event, including my name, likeness, and/or voice for any promotional materials or publications.
Binding Agreement & Indemnification: I agree, for myself and my successors, that the above representations are contractually binding, and are not mere recitals, and I further agree that if, despite this waiver and release, I, or anyone on my behalf, makes a claim against any of the Released Parties, I will indemnify, save and hold harmless each of the Released Parties from any litigation expenses, attorney’s fees, loss, liability, damage, or cost which any of the Released Parties may incur in the successful defense of such claim.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.