The
undersigned athlete (“Athlete”) on behalf of himself/herself and on behalf of
Athlete’s personal representatives, assigns, heirs, executors, and successors
hereby fully and forever releases, waives, discharges and covenants not to sue
the Pat Tillman Foundation, Pat’s Run, its parent and affiliated corporations
and charities, Arizona State University, the city of Tempe, Maricopa County and
the State of Arizona, USATF , RacePlace Events, any and all municipal agencies
whose property and/or personnel are used or in any way assist, all sponsoring
or co-sponsoring companies or individuals related to the Event, together with
their officers, directors, shareholders, successors and assigns, (collectively
“Releasees”) from all liability to the Athlete and his/her personal
representatives, assigns, heirs, executors, and successors for any and all
loss(es), damage(s)and any and all claims or demands therefore, on account of
injury to Athlete, his/her property or resultant death, whether caused by the
active or passive negligence of all or any of the Releasees or otherwise, in
connection with Athlete’s participation in the Event.
Athlete
represents and warrants that he/she is in good physical condition and is able
to safely participate in the Event. Athlete is fully aware of the risks and
hazards inherent in participating in the Event and hereby elects to voluntarily
participate, knowing the risks associated with the Event. Athlete hereby
assumes all risks of loss(es), damage(s), or injury(ies) that may be sustained
by him/her while participating in the Event.
Athlete
agrees to the use of his/her name and photograph in broadcasts, newspapers,
brochures and other media without compensation.
Athlete
acknowledges that the entry fee paid is nonrefundable and non-transferable.
Athlete
acknowledges and agrees that the Pat Tillman Foundation., in its sole
discretion, may delay or cancel the Event if it believes the conditions on the
race day are unsafe. In the event the Event is delayed or cancelled for any
reason, there shall be no refund of the entry fee or any other costs of Athlete
in connection with the Event.
The
Athlete hereby grants to the medical director of the Event, and his/her agents,
affiliates and designees, access to all medical records (and physicians) as
needed and authorizes medical treatment as needed. Athlete understands that
they have the right to refuse medical care and advice of Event medical
directors and representatives; if Athlete’s medical condition becomes such that
the Athlete’s mental capacity is questioned, the physician has the right to
recommend and initiate treatment of Athlete. It is understood and agreed that
Athlete hereby assumes liability for any and all medical expenses incurred as a
result of training for and/or participation in the Event, including but not
limited to ambulance transport, hospital stays, physician and pharmaceutical
goods and services.
Athlete
warrants that all statements made herein are true and correct and understands
that Releasees have relied on them in allowing Athlete to participate in the
Event.
Athlete
understands that he/she is solely responsible and liable for all aspects of
fundraising activities associated with his/her participation, including but not
limited to, the safe and lawful (Continued from previous page)
conduct
of any fundraising activities.
ATHLETE
HAS READ THE FOREGOING AND INTENTIONALLY AND VOLUNTARILY SIGNS THIS RELEASE AND
WAIVER OF LIABILITY AGREEMENT. IF ATHLETE IS UNDER AGE 18 HIS /HER PARENT OR
GUARDIAN MUST SIGN THIS RELEASE AND WAIVER AGREEMENT.
Athlete’s
Parent or Guardian’s signature certifies that my son/daughter/ward has my
permission to participate in the Event. Athlete’s Parent/Guardian has read and
understands the foregoing RELEASE AND WAIVER OF LIABILITY AGREEMENT (above) and
by signing intentionally and voluntarily agrees to its terms and conditions.
Athlete’s Parent/Guardian further certifies that my son/daughter/ward is in
good physical condition and is able to safely participate in the Event. I
hereby authorize medical treatment for him/her and grant access to my child’s
medical records as necessary and as stated above.
I am agreeing to this release
so that I can participate in this event. I understand that my participation in
these activities is voluntary. I agree to assume the risk that unexpected
events or injuries may occur while I am participating in the event. I agree not
to sue ASU, ASU Alumni Association, Pat Tillman Foundation or Pat's run for any
harm to my property or me.
I also give permission for
ASU staff and volunteers to take and use for any purpose photography of me and
videotapes of me before, during and after the event. The photographs and
videotapes will remain property of ASU and the Pat Tillman Foundation.
In the case of a minor, if
neither the Parent/Guardian nor Doctor is available, I consent to the provision
of medical treatment to the extent that is necessary in the medical opinion of
the doctor rendering the treatment. In this agreement, "ASU" means
Arizona State University, the Arizona Board of Regents, the State of Arizona
and their employees and agents.
You must be over 18 years of age or the parent/legal
guardian of a minor under 18 years of age or the legal guardian of an
incapacitated and/or mentally challenged person in order to agree to the text
above.
