KPNT 105.7 The
Point – POINT .10K Challenge
WAIVER OF
LIABILITY AND HOLD HARMLESS AGREEMENT
1.
In consideration for receiving permission to participate in the KPNT/105.7
The Point .10K Challenge I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT
TO SUE KPNT 105.7 The Point, Emmis Communications, Miller Lite, the Soulard
Business Association, Big River Running Company, 1860’s Hardshell, Henry's,
Molly’s, Sonny’s, The Great Grizzly Bear, Hammerstone’s, Joanie's, their officers,
agents, or employees (hereinafter referred to as RELEASEES) from any and all
liability, claims, demands, actions, and causes of action whatsoever arising
out of or related to any loss, damage, or injury, including death, that may be
sustained by me, or to any property belonging to me, while participating in
such activity, while in, on or upon the
premises where the activities are being conducted, REGARDLESS OF WHETHER SUCH
LOSS IS CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise and regardless
of whether such liability arises in tort, contract, strict liability, or
otherwise, to the fullest extent allowed by law
2.
I am fully aware of the risks and hazards connected with the activities
of the Point .10K Challenge including the act of running/walking the .10
Kilometer Challenge course and I am aware that such activities include the risk
of injury and even death, and I hereby elect to voluntarily participate in said
activities, knowing that the activities may be hazardous to my property and
me. I understand that KPNT 105.7 The
Point and its releaseees do not require me to participate in this
activity. I voluntarily assume full
responsibility for any risks of loss, property damage, or personal injury,
including death, that may be sustained by me, or any loss or damage to property
owned by me, as a result of being engaged in such an activities, WHETHER CAUSED
BY THE NEGLIGENCE OF RELEASEES or otherwise, to the fullest extent allowed by
law
3.
I hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any
loss, liability, damage, or costs, including court costs & attorneys' fees
that Releasees may incur due to my participation in said activities, WHETHER
CAUSED BY NEGLIGENCE OF RELEASEES or otherwise, to the fullest extent allowed
by law.
4.
It is my express intent that this Waiver and Hold Harmless Agreement
shall bind the members of my family and spouse, and my heirs, assigns and
personal representative, if I am deceased, and shall be deemed as a RELEASE,
WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASEES. I hereby further agree that this Waiver of
Liability and Hold Harmless Agreement shall be construed in accordance with the
laws of the State of Missouri and that any mediation, suit, or other proceeding
must be filed or entered into only in Missouri and the federal or state courts
of Missouri. Any portion of this document deemed unlawful or unenforceable is
severable and shall be stricken without any effect on the enforceability of the
remaining provisions.
5.
I am fully aware that participating in the Post-event “Pub Crawl” is by
my own choosing and that I am not required to purchase or consume any
alcoholic
beverage at any of the participating locations (1860’s Hardshell, The
Shanti,
Molly’s, Sonny’s, The Great Grizzly Bear, Hammerstone’s, Joanie's) in
order to participate. I agree that I am of the legal age of 21 or older
. I
hereby elect to voluntarily participate in said activities, knowing that
the
activities may be hazardous to my property and me. I understand that
KPNT 105.7 The Point and its
releasees do not require me to participate in this activity. I
voluntarily assume full responsibility for
any risks of loss, property damage, or personal injury, including death,
that
may be sustained by me, or any loss or damage to property owned by me,
as a result
of being engaged in such activities, WHETHER CAUSED BY THE NEGLIGENCE OF
RELEASEES or otherwise, to the fullest extent allowed by law
IN
SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the
foregoing Wavier of Liability and Hold Harmless Agreement, understand it and
sign it voluntarily as my own free act and deed; no oral representations,
statements, or inducements, apart from the foregoing written agreement, have
been made; I am at least twenty one (21) years of age and fully competent; and
I execute this Agreement for full, adequate and complete consideration fully
intending to be bound by same.
IN WITNESS WHEREOF, I have agreed to this Waiver
& Agreement by initialing, checking the box and agreeing to terms.