Stroehmann
Bakeries Back on My Feet 5-Miler Liability Waiver, Release,
Indemnification and Hold Harmless:
I, (“User”) am of legal age and enter into this
Liability Waiver, Release, and Hold Harmless (the “Agreement”) voluntarily and
knowingly and agree that I have read and understood all of the terms and
conditions contained herein. If I am under the age of eighteen, my parent
and/or legal guardian is signing the Agreement on my behalf and has likewise
read and understands all of the terms and conditions contained herein.
LIABILITY RELEASE AND WAIVER
In consideration of User's
permission to participate in the Stroehmann Bakeries Back on My Feet
5-Miler (the “Race”), including all public and private areas associated with
the Race, including, but not limited to, race course, sidewalks, parking lots,
public and private roads, packet-pickup areas, registration areas, and start
and finish areas, User agrees that User shall release, remise and on behalf of
User, User's heirs, successors, and assigns and does hereby release, remise and
forever discharge the Race, Back on My Feet, Inc., Bimbo Bakeries, USA, Inc.
d/b/a/ Stroehmann Bakeries, Philadelphia Parks and Recreation, City of
Philadelphia, Lin-Mark Computer Sports, Inc. and all of their respective officers,
directors, owners, operators, shareholders, attorneys, contractors,
consultants, sponsors, insurance carriers, equipment suppliers, assigns,
affiliates, agencies, volunteers, workmen and/or employees (collectively,
"Employees") of and from any and all liability, cause of action,
claim, demand, right, damage, loss, expense and/or compensation of any nature
whatsoever including but not limited to any claim of negligence or gross
negligence, which User, User's spouse, parents, heirs, successors, and/or assigns
may now have, or in the future shall have against the Race on account of
personal injury, property damage, death or accident of any kind, the
consequences thereof and the consequential damages therefore, arising out of or
in any way related to User's use of the facilities owned and/or operated by the
Race, whether that use is supervised or unsupervised by the Race or its'
Employees, regardless of how the injury or damage is caused, including, but not
limited to, any acts that are negligent, grossly negligent, willful or wanton
of the Race and its’ Employees which may occur in present or future use of
Race’s facilities and services.
INDEMNIFICATION AND HOLD HARMLESS
The User recognizes that there is risk involved
in the types of activities offered by the Race and therefore accepts financial
responsibility for any injury that the User may cause either to him/herself or
to any other participant due to his/her intentional acts, negligent acts, and
acts of gross negligence that are willful or wanton. Should the Race or
its’ Employees or anyone acting on their behalf be required to incur attorney’s
fees and costs to enforce this agreement, User (including User’s heirs,
successors and assigns) agrees to reimburse them for such fees and costs.
User (including User’s heirs, successors and assigns) further agrees to
indemnify and hold harmless the Race and its’ Employees from any and all
liability for the injury or death of any person(s) and damage to property that
may result from User’s intentional acts, negligent acts, acts of gross
negligence that are willful or wanton while participating in activities offered
by the Race.
User acknowledges that he/she
has consulted with a physician prior to participating in the Race and is in
good physical condition to participate in the Race. User agrees to follow
all safety rules and instructions of the Race and agrees to immediately notify
Race of any conduct or condition that may cause injury or harm to User or
others.
User (including User’s heirs, successors and
assigns) consents to the exclusive jurisdiction and venue of Philadelphia
County, Pennsylvania for any action relating to the Agreement, regardless of
User's residence or domicile and waives any and all claims of person
jurisdiction. This Agreement shall be interpreted and construed in
accordance with the laws of the Commonwealth of Pennsylvania, without regard to
conflict-of-law rules. If any portion of the Agreement is held invalid,
User (including User’s heirs, successors and assigns) agrees that the remainder
of the Agreement shall remain in full legal force and effect. This
Agreement constitutes the entire understanding and agreement, oral or written,
between the Race and User (including User’s heirs, successors and assigns)
concerning the subject matter hereof and shall inure to the benefit of the
parties and their respective heirs, successors and assignees. This
Agreement may not be modified unless done so in writing signed by the User and
the Race.
If I am signing on behalf of a minor child, I also
give full permission for any person connected with the Race to administer first
aid deemed necessary, and in case of serious illness or injury, I give
permission to call for medical and or surgical care for the child and to
transport the child to a medical facility deemed necessary for the well being
of the child.
User has read and understood the foregoing
Liability Waiver, Release, and Hold Harmless and understands that by signing it
obligates User to indemnify the parties named for any liability for injury or
death of any person and damage to property caused by User’s negligent or
intentional act or omission. User further acknowledges that by signing
this document, User is giving up their right to bring a Court action, now or
anytime in the future, in order to recover compensation or obtain any other
remedy for any injury to User or User’s property, including User’s death
however caused, arising out of User’s voluntary participation in the
Race. User understands that by signing this Agreement User is waiving
valuable legal rights.
The undersigned further grants the Race full
permission to use any photographs, videotapes, motion pictures, recordings, or
another record of the event for any purpose. Minors will be accepted with a
parent’s signature.
I understand that, regardless of situations such
as inclement weather and medical emergencies, refunds will not be issued.
By Clicking on the I Agree/Submit Icon below, I
certify and attest that I have read and understood and agree to all terms and conditions
listed on the above waiver.