BREWERS MINI-MARATHON | ADULT AND MINOR RELEASE AND WAIVER
In consideration of my and/or my minor child(ren) and/or legally incapacitated adult(s) of whom I am the parent or legal guardian being permitted to participate in the Milwaukee Brewers Mini-Marathon event, and all other activities conducted in conjunction therewith (collectively, the “Event/Activity”) wherever the Event/Activity may occur, I hereby attest that, after reading this Release and Waiver Form (this “Form”) completely and carefully, I acknowledge that on my own behalf and/or on behalf of any minor child(ren) or legally incapacitated adult(s) of whom I am the parent or legal guardian and who I am registering for this Event/Activity my agreement hereto is entirely voluntary, and I hereby agree as follows:
1. ACKNOWLEDGEMENT OF RISK. I, and/or the minor(s) and/or legally incapacitated adult(s) for whom I am acting on behalf of, acknowledge that I am aware that the Event/Activity may expose me, and/or the minor(s) and/or legally incapacitated adult(s) to dangerous or hazardous events and involves both inherent and unknown risks of property damage and/or serious bodily injury, including permanent disability, paralysis, and/or death, which may be caused by my own actions or inactions, the actions or inactions of others participating in the Event/Activity, the conditions in which the Event/Activity takes place, and/or the negligence of the “Releasees” named below (these actions, inactions, and/orconditions may include tripping, pushing, inattentiveness, inappropriate attire, dangerous or pre-existing health conditions, bodily reactions of all kind, and/or inclement conditions). In addition, I fully understand that there may be other, additional risks, either known or unknown to me or not readily foreseeable at this time. I hereby acknowledge that by participating in the Event/Activity, I, and/or the minor(s) and/or legally incapacitated adult(s) I am registering, may be exposed to such risks.
2. Warranties. I, and/or the minor(s) and/or legally incapacitated adult(s) I am registering, warrant that I (and/or minor(s) and/or legally incapacitated adult(s)) am (are) physically fit and sufficiently trained to participate in the Event/Activity; that a licensed medical doctor has verified my (our) physical condition; am voluntarily participating in the Event/Activity; willingly agree to comply with the stated and customary terms and conditions of participation in the Event/Activity; that the minor(s) and/or legally incapacitated adult(s) I am registering have my permission to compete in the Event/Activity; and that the Milwaukee Brewers Baseball Club (“MBBC”), the Southeast Wisconsin Professional Baseball Park District (“District”), or any officials/staff associated with the Event/Activity have my permission to authorize emergency medical treatment if necessary. I further warrant and acknowledge that I have been given the opportunity to bargain for the rights that I, and/or the minor(s) and/or legally incapacitated adult(s) I am registering, have agreed to waive herein, and further acknowledge that I have waived my opportunity to bargain for those rights.
3. ASSUMPTION OF RISK. I understand, and knowingly and freely assume, all such dangers, hazards, and risks, both known and unknown, connected to the Event/Activity, for myself and the minor(s) and/or legally incapacitated adult(s) I am registering, and knowingly and freely assume all responsibility for such dangers, hazards, and risks, both known and unknown, including all risks of injury, property damage, and/or medical expenses of every kind resulting therefrom and occurring to me, and/or the minor(s) and/or legally incapacitated adult(s) I am registering, even if arising from the negligence of the Releasees named below, or others.
4. RELEASE OF LIABILITY. I, FOR MYSELF, AND/OR THE MINOR(S), AND ON BEHALF OF OUR HEIRS, DISTRIBUTEES, GUARDIANS, LEGAL REPRESENTATIVES, ASSIGNS, PERSONAL REPRESENTATIVES, AND NEXT OF KIN, HEREBY RELEASE, HOLD HARMLESS, DISCHARGE, AND COVENANT NOT TO MAKE A CLAIM AGAINST, SUE, OR ATTACH PROPERTY OF MBBC, MAJOR LEAGUE BASEBALL (“MLB”), MLB ENTITIES (DEFINED BELOW), THE DISTRICT, VISION EVENT MANAGEMENT, LLC, FAST NORTH CORP., RACE ROSTER, MERCHANT SERVICES, , AND THE OFFICERS, PARTNERS, OFFICIALS, MANAGERS, COACHES, PLAYERS, AGENTS, EMPLOYEES, VOLUNTEERS AND AFFILIATES OF EACH OF THESE ENTITIES, AND ANY OTHER PARTICIPANTS IN THE EVENT/ACTIVITY (COLLECTIVELY, THE “RELEASEES”), FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, COST, EXPENSES OR DAMAGES, MADE OR INCURRED BY ME, THE MINOR(S) AND/OR LEGALLY INCAPACITED ADULT(S) I AM REGISTERING, AND/OR OUR RESPECTIVE HEIRS, DISTRIBUTEES, GUARDIANS, LEGAL REPRESENTATIVES, ASSIGNS, PERSONAL REPRESENTATIVES, AND NEXT OF KIN, RELATED IN ANY WAY TO ANY INJURY, DISABILITY, DEATH, LOSS, OR DAMAGE TO PERSONS OR PROPERTY INCURRED AS A DIRECT OR INDIRECT RESULT OF MY AND/OR OUR INVOLVEMENT OR PARTICIPATION IN THE EVENT/ACTIVITY OR INABILITY TO PARTICIPATE IN THE EVENT/ACTIVITY, INCLUDING THOSE CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS, TO THE FULLEST EXTENT PERMITTED BY LAW, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MY AND/OR OUR TRANSMISSIONS OR DATA, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN THOUGH I HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. I EXPRESSLY AGREE THAT REGISTRATION ON THIS SITE FOR THE EVENT/ACTIVITY AND PARTICIPATION IN THE EVENT/ACTIVITY BY ME, AND/OR THE MINOR(S) OR LEGALLY INCAPACITATED ADULT(S) I AM REGISTERING, IS AT MY (OUR) SOLE RISK.
5. MLB ENTITIES. “MLB Entities” means MLB Advanced Media, L.P. (“MLBAM”); the Office of the Commissioner of Baseball; its Bureaus, Committees, Subcommittees and Councils; Major League Baseball Properties, Inc.; the Major League Baseball Clubs (the “Clubs”) and each of their subsidiaries or affiliated entities; any entity which, now or in the future, controls, is controlled by, or is under common control with the Major League Baseball Clubs or the Office of the Commissioner of Baseball; and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the above entities.
6. INDEMNITY. I, for myself, and/or the minor(s) and/or legally incapacitated adult(s) I am registering, and on behalf of our respective heirs, assigns, personal representatives, and next of kin, hereby agree to indemnify and hold harmless all of the above Releasees from any and all liabilities, including any and all related claims by third parties (including attorneys’ fees) related in any way to my involvement or participation in the Event/Activity, even if arising from the negligence of the Releasees, to the fullest extent permitted by law.
7. Disclaimer of Warranties. Releasees expressly disclaim all warranties of any kind, express or implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose, or non-infringement. The Releasees make no warranty that the Event/Activity site’s services will be uninterrupted, secure, or error free. The Releasees do not guarantee the accuracy or completeness of any information in, or provided in connection with, the Event/Activity site. The Releasees are not responsible for any errors or omissions or for the results obtained from the use of such information. I understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Event/Activity site is at my own discretion and risk and that I will be solely responsible for any damage to my computer/operating system or loss of data that results from the download of such material and/or data.
8. AGE REQUIREMENTS. Minor Participants must be at least eight (8) years old to participate in the 5K race, at least twelve (12) years old to participate in the 10K race, and at least fourteen (14) years old to participate in the half marathon race. I, for the Minor Participant(s) for whom I am acting on behalf of, represent and warrant that the Minor Participant(s) for whom I am acting on behalf of meet these minimum age requirements.
9. Publicity. I hereby authorize MBBC to photograph, video tape, or use any other mechanical/technological means of recording or reproducing images and to use my likeness and, if applicable, the likeness of the minor(s) and/or legally incapacitated adult(s) I am registering. I also acknowledge and hereby grant to MBBC the worldwide and perpetual right and authority to use, reproduce, distribute, broadcast, or otherwise transmit, publish, and display, in whole or in part, my name, photograph, or any other likeness and/or biographical information that I may provide and, if applicable, the name, photograph, or any other likeness and/or biographical information of the minor(s) and/or legally incapacitated adult(s) I am registering provided, and any statement that I have made or may make in the future concerning the Event/Activity, in any and all media, now known or hereafter invented, in perpetuity, for the purpose of trade, promotion, and/or otherwise, without notification, compensation, or additional consideration, except where prohibited by law.
10. Entry Fee and Tickets (if purchased) ARE NON-REFUNDABLE. I understand that my entry fee for the Event/Activity is non-refundable and non-transferable. I understand that all tickets, entries, and registration purchased during the registration for the Event/Activity are subject to the terms of MLB for tickets, generally, and that such terms and conditions for any tickets, entries, and registration purchased hereunder will govern in the event a legal game, event, or exhibition, as defined by MLB, is not played due to weather, an act of God, an act of terrorism, civil disturbance, or any other reason. I agree to comply with all applicable ballpark rules and other regulations in connection with such tickets, entries, and registration and understand that all sales are final.
12. Severability. I further expressly agree that if any provision of this Form shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Form and shall not affect the validity or enforceability of any remaining provisions.
AS A CONDITION FOR PARTICIPATION IN THE EVENT/ACTIVITY, ALL PARTICIPANTS MUST ACCEPT THE TERMS OF THIS RELEASE AND WAIVER AGREEMENT AND ASSUME ALL RISK OF PARTICIPATION IN THE EVENT/ACTIVITY BY SIGNING THE FRONT OF THIS REGISTRATION FORM.
I HAVE READ THIS RELEASE AND WAIVER AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND WITHOUT ANY INDUCEMENT.