EVENT PARTICIPANT WAIVER, RELEASE, INDEMNIFICATION AND ASSUMPTION OF RISK AGREEMENT
I understand that the (the “Event”), is an athletic event where participants are invited to run in support of . 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:
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
By registering for this race, you agree to all of the terms and conditions above.