ASSUMPTION OF RISK, WAIVER OF LIABILITY
AND INDEMNITY AGREEMENT
PARTICIPANTS: READ THIS ASSUMPTION OF RISK, WAIVER OF LIABILITY AND INDEMNITY AGREEMENT CAREFULLY BEFORE SIGNING OR ELECTRONICALLY ACKNOWLEDGING AND AGREEING TO ITS TERMS AND CONDITIONS (THIS “AGREEMENT”). THIS AGREEMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND WILL ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.
NOTE TO MINORS: IF YOU ARE UNDER THE AGE OF 18, YOU MAY ONLY ATTEND THE RUFIT EVENT ACCOMPANIED BY AN ADULT. YOU ALSO ACKNOWLEDGE THAT YOUR PARENT OR GUARDIAN HAS REVIEWED, UNDERSTOOD AND AGREED TO THE TERMS BELOW.
NOTE TO PARENTS/GUARDIANS OF MINORS: YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED, UNDERSTOOD AND AGREED TO THE TERMS BELOW (SUCH TERMS BEING INTERPRETED AS IF THEY APPLIED TO BOTH YOU AND YOUR MINOR CHILD/WARD) AND HAVE THE LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOUR MINOR CHILD/WARD.
Released Parties include RUfit, LLC, a Virginia limited liability company (defined herein as “RUFIT” “we” “us”), and its directors, officers, members, managers, employees, agents, contractors, insurers, spectators, co-participants, equipment suppliers, and volunteers; all RUFIT event sponsors, organizers, promoters, directors, officials, property owners, and advertisers; governmental bodies and/or municipal agencies whose property and/or personnel are used; and any or all parent, subsidiary or affiliate companies, licensees, officers, directors, partners, board members, supervisors, insurers, agents, equipment suppliers, and representatives of any of the foregoing (individually a “Released Party” and collectively, collectively the “Released Parties”).
Releasing Parties include: myself the participant (and/or my participating minor child/ward) (defined herein as “Participant” “I” “me”) as well as participant’s (and/or my participating minor child/ward’s) spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on participant’s behalf (individually a “Releasing Party” and collectively, the “Releasing Parties”).
Assumption of Inherent Risks:
I acknowledge that the RUFIT 5k Event is a test of my (and/or my participating minor child/ward’s) physical and mental limits that carries with it inherent risks of physical injury.
I assume all risks associated with participating in the RUFIT activities including, but not limited to; falls, contact with other participants, volunteers and spectators; the effects of the weather, including high heat and/or humidity; traffic and the conditions of the road/boardwalk;, and holes and obstructions along the route, all such risks being known and appreciated by me.
Agreements for the Protection of Participants: I represent and warrant that I (and/or my participating minor child/ward) am/are in good health and in proper physical condition to safely participate in the RUFIT Event. I certify that I (and/or my participating minor child/ward) have no known or knowable physical or mental conditions that would affect my/our ability to safely participate in the RUFIT Event, or that would result in my/our participation creating a risk of danger to myself (and/or my participating minor child/ward) or to others.
I represent and warrant that I (and/or my participating minor child/ward) am/are in full command of my/our faculties and am/are not under the influence of alcohol or drugs.
I agree not to participate in a RUFIT Event while under the influence of alcohol and/or drugs.
I acknowledge that RUFIT recommends and encourages each participant to get medical clearance from his/her personal physician prior to participation.
I assert that I (and/or my participating minor child/ward) have not been advised or cautioned against participating by a medical practitioner.
I understand that it is my responsibility to continuously monitor my own (and/or my participating minor child/ward’s) physical and mental condition during the RUFIT Event, and I agree to withdraw immediately and notify appropriate personnel if at any point my/our continued participation would create a risk of danger to myself (and/or my participating minor child/ward) or to others.
I represent and warrant that I (and/or my participating minor child/ward) am/are covered by medical insurance.
In the event of an injury to me (and/or my participating minor child/ward) that renders me (and/or my participating minor child/ward) unconscious or incapable of making a medical decision, I authorize appropriate RUFIT personnel and emergency medical personnel at the event to make emergency medical decisions on my (and/or my participating minor child/ward’s) behalf (including, but not limited to CPR and AED).
I authorize RUFIT to secure emergency medical care or transportation (i.e., EMS) when deemed necessary by RUFIT.
I agree to and hereby assume all costs of emergency medical care and transportation.
I acknowledge that RUFIT has instituted its rules for the protection of the participant and co-participants. I agree to familiarize myself (and/or my participating minor child/ward) with those rules and follow them throughout the event. I also recognize the authority of RUFIT to halt my (and/or my participating minor child/ward) participation (and, if necessary, have me/us removed from the premises) if my (and/or my participating minor child/ward’s) participation, conduct, or presence endangers myself (and/or my participating minor child/ward) or my co-participants.
Entry and Participation Agreements:
Rules: I agree to become familiar with and abide by all written and/or posted rules of RUFIT as well as all written and/or posted rules of the RUFIT Event. I further agree to comply with all directions, instructions and decisions of RUFIT and RUFIT Event personnel. I further agree not to challenge these rules, directions, instructions, or decisions on any basis at any time.
Emergency Delay or Cancellation: I acknowledge that RUFIT at its sole discretion may delay, modify, or cancel the RUFIT Event if conditions or natural or man-made emergencies make administering the event unreasonably difficult or unsafe. I agree that “emergency” is defined to mean any event beyond the control of RUFIT, including but not limited to: high wind, extreme rain or hail, hurricane, tornado, earthquake, flood, acts of terrorism, fire, threatened or actual strike, labor difficulty or work stoppage, insurrection, war, public disaster, and unavoidable casualty. In the event of a delay, modification, or cancellation of the RUFIT Event as described in this paragraph, I understand that I will not be entitled to a refund of my entry fee or any other costs incurred in connection with the RUFIT Event.
Removal from Competition: I understand that RUFIT and RUFIT Event personnel may immediately cause anyone who disobeys any rules, directions, instructions, decisions, or laws, or whose behavior endangers safety or negatively affects a person, facility, or property of any type or kind, to be removed from the RUFIT Event.
Fee Refunds: I understand that all fees and associated costs (including optional product purchases, spectator tickets, and donations), paid in registration for this RUFIT Event are not refundable for any reason under any circumstances, including but not limited to injury, a scheduling conflict, and/or event cancellation.
I understand that active duty or deployed military participants may be entitled to a refund on a case-by-case basis upon providing sufficient, official documentation regarding the deployment that conflicts with participating in the event.
Photography: I understand that any and all photographs, motion pictures, recordings, and/or likenesses of me (and/or my participating minor child/ward) captured during the RUFIT Event by RUFIT, its affiliated entities or contractors, and/or the media become the sole property of RUFIT. I grant the right, permission and authority to RUFIT and its designees to use my (and/or my participating minor child/ward’s) name and any such photographs, motion pictures, recordings, and/or likenesses for any legitimate purpose, including, but not limited to, promoting, advertising, and marketing activities. I further understand that RUFIT and its designees have the full right to sell and/or profit from the commercial use of such photographs, motion pictures, recordings, and/or likenesses.
Acknowledgment of Understanding: I have read this Assumption of Risk, Waiver of Liability, and Indemnification Agreement and fully understand its terms. I understand that I (and/or my participating minor child/ward) am/are giving up substantial rights, including my/our right to sue. I further acknowledge that I (and/or my participating minor child/ward) am/are freely and voluntarily signing or electronically agreeing to the terms and conditions of this Agreement and participating in the RUFIT Event, and intend my signature or electronic acknowledgement and agreement to the terms and conditions of this Agreement to be a complete and unconditional release of all liability due to ORDINARY NEGLIGENCE of RUFIT (and other Released Parties) or the INHERENT RISKS of the activity, to the greatest extent allowed by law in the State in which the RUFIT Event is held.
IF I AM A PARENT OR GUARDIAN OF A PARTICIPANT UNDER THE AGE OF MAJORITY WHO IS PARTICIPATING IN THE RUFIT EVENT (“MINOR CHILD/WARD”), I HEREBY GIVE MY APPROVAL FOR MINOR CHILD/WARD’S PARTICIPATION IN THE RUFIT EVENT, REPRESENT THAT THE MINOR CHILD/WARD IS IN GOOD PHYSICAL CONDITION AND ACKNOWLEDGE THAT I HAVE REVIEWED UNDERSTOOD AND AGREE TO THE TERMS HEREIN (SUCH TERMS BEING INTERPRETED AS IF THEY APPLIED TO BOTH ME AND THE MINOR CHILD/WARD) AND HAVE THE LEGAL AUTHORITY TO ENTER INTO THIS ASSUMPTION OF RISK, WAIVER OF LIABILITY AND INDEMNIFICATION AGREEMENT ON BEHALF OF THE MINOR CHILD/WARD.