IOWA WILD BREAKAWAY 5K & KIDS DASH (the “Event”) – APRIL 8, 2017 – DES MOINES, IA
PLEASE READ CAREFULLY BEFORE SIGNING
THIS IS A RELEASE OF LIABILITY AND WAIVER/GRANT OF CERTAIN LEGAL RIGHTS.
As lawful consideration for being permitted by Flannel Athletics, LLC and/or any of its affiliated organizations to participate in athletic activities during Iowa Wild Breakaway 5K & Kids Dash (hereby referred to as the “Event”, I acknowledge, appreciate, and agree that:
1. I am eighteen (18) years old or older; or have below signed permission from a parent or guardian (minors under 18 years of age) to participate.
2. I freely accept and voluntarily ASSUME ALL RISKS OF PERSONAL INJURY OR DEATH or property damage which results in any way from factors including, but not limited to: negligence of persons; conditions on or about the premises and facilities; the operation of the equipment; transportation; any other operations associated with the Event; actions or omissions of employees or agents of Flannel Athletics, LLC, actions or omissions of any sponsors associated with the Event, actions or omissions of the owners and lessors of the premises used to conduct the Event, or actions or omissions of other participants, pedestrians or spectators; and
3. I understand that the activities involved in the Event are physically and mentally intense and acknowledge that I am physically fit and sufficiently trained for such activities. I understand the rules of play and will comply with all such rules and regulations; and
4. I release and indemnify Flannel Athletics, LLC, the owners and lessors of the premises used to conduct the Event, their respective parents, subsidiaries and affiliates, their respective officers, directors, agents, servants, and employees, of and from any 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 while participating in the Event, including, but not limited to, those injuries and damages caused by the negligence and or breach of warranty, express or implied, on the part of Flannel Athletics, LLC ; and
5. By execution of this release, Flannel Athletics, LLC and the owners and lessors of the premises used to conduct the Event shall be indemnified by me for any injury to other person(s) or property, which I may cause as a result of my participation in the Event; and
6. I authorize any employee or agent of Flannel Athletics, LLC or the owners and lessors of the premises used to conduct the Event and/or its authorized personnel to call for medical care for me or to transport me to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. I agree that upon my transport to any such medical facility or hospital, Flannel Athletics, LLC and the owners and lessors of the premises used to conduct the Event shall not have any further responsibility for me. Further, I agree to pay all costs associated with such medical care and related transportation provided for me and shall indemnify and hold Flannel Athletics, LLC and the owners and lessors of the premises used to conduct the Event harmless of and from any costs incurred therein; and
7. I give consent to Flannel Athletics, LLC, its agents and representatives, to disclose medical information related to me pertaining to my health and well-being. I understand that disclosures to the media will be limited to the status of injuries and the ability to participate in athletic competition; and
8. I grant, in perpetuity [or for a period of at least fifty (50) years] to Flannel Athletics, LLC, its parent, subsidiaries, related companies, licensees, successors and assigns and authorized photographers acting on their behalf, the right to create, use, publish and obtain copyright in my Photograph(s) (which term shall include all video, motion, still, graphics or digital images or images in any media or form, as well as my name, voice, picture, portrait or likeness) that are made in connection with the Event, in all media (whether motion picture, radio, or any form of television) and for all purposes; and
9. I agree that all Photographs, and all copyright in same taken and/or used by or on behalf of Flannel Athletics, LLC are owned by Flannel Athletics, LLC. If I should receive any print, negative, tape or other copy thereof, I shall retain it for my personal use only, and shall not license or authorize its use by anyone else, for commercial or private purposes. I agree that I have no right of approval and no advertisement or other material need be submitted to me for any further approval. I further agree that Flannel Athletics, LLC has the right to make modifications, derivative works, composites, variations and any other use it wishes of the Photographs, and has no responsibility or liability to me for any such use or resulting publication of my Photograph. Nothing herein constitutes any obligation of or promise by Flannel Athletics, LLC to make use of any Photographs;
10. In the event that any section of this release, including all waivers and grants, is found to be unenforceable, the remaining terms shall be fully enforceable; and
11. This release, including all waivers and grants, shall be binding to the fullest extent permitted by law; and
12. This release, including all waivers and grants, shall be binding upon my assignees, subrogors, distributees, heirs, next of kin, executors, personal representatives, and administrators and may be pled by Flannel Athletics, LLC and the owners and lessors of the premises used to conduct the Event as a complete bar and defense against any claim, demand, action or causes of action by or on behalf of myself.
I HAVE CAREFULLY READ THE FOREGOING LIABILITY RELEASE, INCLUDING ALL WAIVERS AND GRANTS, UNDERSTAND ITS CONTENTS AND SIGN IT OF MY OWN FREE WILL AND WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE. I HAVE BEEN ADVISED THAT I MAY SEEK MY OWN LEGAL COUNSEL IN REVIEWING THIS RELEASE.