TEAM RUN FLAGSTAFF RELEASE, WAIVER, AND ACKNOWLEDGEMENT OF RISK
This Agreement entered into by and between Team Run Flagstaff #2571, a non-profit incorporated by the Arizona Corporation Commission; P.O. Box 1801 Flagstaff, AZ 86002-1801 (hereinafter referred to collectively as “TRF”) and you, the “Participant.”
NOTE: YOU ARE GIVING UP A VERY SUBSTANTIAL RIGHT AND ARE, THEREFORE, ADVISED TO READ THIS RELEASE AND WAIVER VERY CAREFULLY BECAUSE THIS IS CLEARLY INTENDED TO BARGAIN AWAY YOUR RIGHT TO HOLD TRF RESPONSIBLE FOR ITS NEGLIGENCE.
WHEREAS, TEAM RUN FLAGSTAFF coaches and engages in other types of physical training; PARTICIPANT desires to be coached and physically trained by TEAM RUN FLAGSTAFF (thereinafter collectively referred to as “TRAINING”) on the terms and conditions set forth herein:
NOW, THEREFORE, in consideration of TRF’s TRAINING with PARTICIPANT, the mutual covenants and conditions and other good and valuable consideration, the parties agree as follows:
1. PARTICIPANT understands that TRAINING is an inherently risky activity which involves serious risk of personal injury, death, illness, disease and /or physical or mental damage to his/her person, which risks may include dehydration, death, dismemberment, serious and/or crippling bodily injury, and property damage.
2. PARTICIPANT understands that TRAINING entails known and unknown risks of injury, including but not limited to those outlined above. PARTICIPANT agrees to freely and expressly assume and accept these risks and RELEASE AND HOLD HARMLESS all the persons or entities of TRF, its coaches, officers, employees, sponsors, agents, or representatives who might otherwise be liable to PARTICIPANT’s heirs, assigns, or spouse for damages, including those resulting from the NEGLIGENCE of TRF, its parent, subsidiaries, or affiliate companies. PARTICIPANT further agrees to exercise all necessary and appropriate care for his/her safety and the safety of others.
3. PARTICIPANT hereby voluntarily releases, forever discharges, and agrees to hold harmless and indemnify TRF, its agents, sponsors, affiliates, employees, and all other entities from any and all liability, claims, demands, actions, or rights of action, which are related to, arise out of, or are in any way connected with TRAINING and PARTICIPANT’s participation in this activity, including but no limited to the negligent acts or omissions of TRF, its agents, or employees, and all other persons or entities, for any and all injury, death, illness, or disease and damage to PARTICIPANT or his/her property. IN SIGNING THIS DOCUMENT, I FULLY RECOGNIZE THAT IF ANYONE IS HURT OR PROPERTY IS DAMAGED WHILE I AM ENGAGED IN TRAINING, OR RELATED ACTIVITIES, I WILL HAVE NO RIGHT TO MAKE A CLAIM OR FILE A LAWSUIT AGAINST TRF OR ITS OFFICERS, SPONSORTS, AFFILIATES, AGENTS, OR EMPLOYEES, EVEN IF THEY OR ANY OF THEM NEGLIGENTLY CAUSE THE BODILY INJURY OR PROPERTY DAMAGE.
4. PARTICIPANT certifies that PARTICIPANT is in sufficiently good health for TRAINING activity and agrees to personally satisfy himself/herself as to the safety of the trails, terrain and facilities and its acceptability for TRAINING.
5. PARTICIPANT certifies that PARTICIPANT has sufficient health, accident, and liability insurance to cover any bodily injury or property damage PARTICIPANT may incur while participating in TRAINING and to cover bodily injury or property damage caused to a third party as a result of PARTICIPANT’s participation in this activity. PARTICIPANT certifies that if PARTICIPANT has no such insurance that PARTICIPANT is capable of personally paying for any and all such expenses or liability.
6. Unless otherwise provided in connection with a specific TRF Event, once PARTICIPANT has entered TRF, PARTICIPANT’s fees are non-exchangeable, non-transferable, and non-refundable, under any and all circumstances, including, but not limited to, cancellation of the Event [Event includes all practices, races, or any other TRF-sanctioned/owned activities] or of PARTICIPANT’s participation, or change in the date, nature, or format of the Event. An Event may be cancelled or changed for any reason, including, without limitation, severe weather or other factors that threaten the safety of participants, staff, or volunteers. Cancellation or change of the date, nature, or format of an Event may be mandated by governmental officials or otherwise be at the discretion of TRF. TRF reserves the right to change the details of the Event, such as the date, start time, course, distance and/or amenities offered in connection with the Event. TRF Events may be capped. Entry is subject to availability.
7. PARTICIPANT authorizes TRF to use, or authorize others to use, any photographs, motion pictures, recordings, or any other record of your participation in TRF Events and as a member of TRF for any legitimate purpose, including but not limited to promotional purposes, without remuneration.
8. TRF protects the information collected from PARTICIPANT and takes reasonable steps to maintain the security and privacy of information. TRF will not disclose any personal information identifying PARTICIPANT to any third party, unless required by law or to enforce the terms and conditions of use or otherwise needed in connection with legal proceedings or unless we have PARTICIPANT’s consent.
9. If a court of competent jurisdiction makes a final determination that any term or provision of this Agreement is invalid or unenforceable, all other terms and provisions shall remain in full force and effect.
10. PARTICIPANT warrants that he/she has entered into this Agreement voluntarily and that no promise of inducement has been offered or made except as herein set forth; that this Agreement is executed without reliance on any statement or representation by TRF, its agents, employees, or representatives; and that PARTICIPANT is of legal age and is legally competent to execute this Agreement.
My signature below indicates that I have read and understand this document and that it affects my legal rights; I agree to be bound by its terms; and I voluntarily and intelligently make and execute this Agreement.
I agree to the above waive
Initials of athlete over 18 years of age or parent/legal guardian of minor under 18 years of age or legal guardian of incapacitated and/or mentally challenged person.