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2019 World Refugee Day 5k, Virtual 5k and Shadow Run Participant Waiver
CONSENT, WAIVER AND RELEASE FROM LIABILITY
(DO NOT SIGN THIS DOCUMENT UNTIL YOU HAVE READ IT)
I acknowledge that attempting, actively participating in, spectating, observing, appearing in, competing in, working for, volunteering and/or otherwise participating in the “2019 World Refugee Day 5k, Virtual 5k and Shadow Run Participant Waiver” to be held between May 20th and June 20th 2019 at various locations. (with all ancillary and related activities, the “Event”), involves an above-average risk of personal injury to me and my property, and I knowingly and voluntarily agree to the terms and conditions outlined in this Participant Consent, Waiver and Release From Liability (this “Release”).
IN CONSIDERATION of being permitted to run, walk, volunteer , and/or participate in any way in the Event, the UNDERSIGNED (by clicking the online waiver check box and confirming approval) for himself/herself, his/her personal representatives, heirs, and next of kin hereby agrees as follows:
I, and, if applicable, my Guardian, understand and unconditionally accept that participation in and volunteering for the Event in any manner whatsoever involves significant risk to Event participants, including, but not limited to, the risk of bodily injury, permanent disability, illness, death, emotional trauma, property damage, property loss, and/or other physical or emotional loss or harm (collectively, “injuries”). I understand that these injuries may be caused by the acts or omissions, negligent or otherwise, of myself, other Event participants, and/or the Releasees (as defined below). I, and, if applicable, my Guardian, hereby to the fullest extent permitted by law, assume full responsibility for any risk of bodily injury, death or property damage arising out of or related to the Event whether caused by the acts or omissions, negligent or otherwise, of myself, other participants, and/or any Releasees.
I represent and warrant that: I am in good health, have no physical conditions that may affect my ability to participate in the Event; I have not been advised otherwise by my medical practitioner after a reasonably recent pre-Event examination; I am covered by medical insurance, individually or as part of an organization or family; I, and, if applicable, my Guardian (as defined in the attached “NOTE FOR MINORS”) acknowledge, agree, and represent that before I participate in the Event, I or my Guardian will inspect the Event facilities, site, and equipment and if any aspect of the Event appears unsafe, I or my Guardian will immediately advise Event officials of any such unsafe condition, will immediately leave the Event, and will not participate further until such condition is remediated.
I, and, if applicable, my Guardian, hereby to the fullest extent permitted by law release, waive, discharge and covenant not to sue the American Refugee Committee, Represent Running, Soul Focus, LLC., Clif Bar and Company its officers, San Diego Running Co., Milestone Running, FITT Events, INC., Town of Huntville, ON., Race Roster, INC., HOOKD Fitness, Fieldwork Brewing, its agents and employees; and any other promoters, participants, producers, sanctioning organizations or any subdivision thereof, rescue personnel, sponsors, advertisers, owners and lessees of premises used to conduct the Event, premises and Event inspectors, surveyors, underwriters, consultants and others who give recommendations, directions, or instructions or engage in risk evaluation or loss control activities regarding the premises or Event and each of their directors, officers, agents and employees (all of the aforementioned shall be referred to herein collectively as “Releasees” and each a ”Releasee”) from all liability to the undersigned, and his/her Guardian(s), personal representatives, assigns, heirs, and next of kin for any and all loss or damage, and any claim or demands therefore on account of injury to person or property of myself or others arising out of or related to the Event, including without limitation condition of the Event site, facilities or equipment, or rescue operations or procedures, whether caused in whole or in part by the acts, omissions or negligence of any Releasees, or otherwise.
I, and, if applicable, my Guardian, hereby acknowledge that there is a possibility that, after execution of this Release, and if applicable, the attached Note For Minors, I or my Guardian may discover facts, conditions or incur or suffer claims which were unknown by me or my Guardian at the time this Release (and Note For Minors) was executed (each an “unknown condition”), and which, if known or suspected as of the date hereof, may have materially affected my and/or my Guardian’s decision to participate in the Event and/or execute this Release and any attached documents. I (and, if applicable, my Guardian) acknowledge and agree that I or we, as applicable, hereby assume all risk of such unknown conditions.
I, and, if applicable, my Guardian, hereby agree, to the fullest extent permitted by law, to indemnify and save and hold harmless the Releasees and each of them from any loss, liability, damage, or cost, including court costs and reasonable legal fees for outside counsel, that either of us may incur arising out of or related to the Event, whether caused by the negligence of any Releasees or otherwise. I, and, if applicable, my Guardian, hereby agree that this Release extends to all acts and/or omissions, negligent or otherwise, by the Releasees in connection with the Event and my participation therein, including without limitation rescue operations or procedures and is intended to be as broad and inclusive as is permitted by applicable law and that if any portion of this Release is held invalid, he balance shall continue in full legal force and effect.
I, and, if applicable, my Guardian, hereby agree and irrevocably consent that American Refugee Committee (ARC) and their agents have the unrestricted right to videotape, film, portray, and/or photograph me and record my voice, conversation, and sounds during and in connection with the Event without compensation to me or my Guardian. I and my Guardian further agree and irrevocably consent that ARC is the sole owner of all the results and proceeds of any and all such photography, video and sound recordings, and visual images.
I, and if applicable my Guardian hereby irrevocably consent to and grant to American Refugee Committee the unrestricted right for themselves, their employees, their sponsors and independent contractors, their assigns and licensees, forever and throughout the universe to use my name, image, likeness, voice, testimonials and biography for any purpose, including, without limitation, in connection with the distribution, advertising, promotion, commercial tie-in or other ancillary exploitation of the Event, and any entertainment programming related thereto, in whole or in part, in all media, including, but not limited to, print, internet, social media, television or other optical, digital, electronic, and the web use, without any further compensation to me, or my Guardian, and by all means now known or hereafter devised and in all languages, throughout the universe in perpetuity.
I, and, if applicable, my Guardian, hereby release American Refugee Committee, partners, agents, and their employees, assigns and licensees from any and all liability arising out of their use of my information and/or likeness. I and my Guardian agree not to make any claim against any such Releasees as a result of the use or exploitation of my name, image, likeness, voice, testimonials, biography or other information and/or likeness.
I, AND, IF APPLICABLE, MY GUARDIAN HAVE READ THIS RELEASE AND, IF APPLICABLE THE ATTACHED NOTE FOR MINORS, AND I (AND, IF APPLICABLE, MY GUARDIAN) FULLY UNDERSTAND ITS OR THEIR TERMS, UNDERSTAND THAT I (AND, IF APPLICABLE, MY GUARDIAN) HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS RELEASE AND, IF APPLICABLE THE NOTE FOR MINORS, AND HAVE SIGNED SUCH DOCUMENT(S) FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME OR GUARDIAN AND I (AND, IF APPLICABLE, MY GUARDIAN), INTEND MY OR OUR SIGNATURE(S) TO BE EACH A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE FULLEST EXTENT ALLOWED BY LAW. ALL SECTIONS OF THIS RELEASE AND ANY ATTACHED NOTE FOR MINORS (IF APPLICABLE) MUST BE COMPLETED.