WAIVER AND RELEASE OF LIABILITY
In consideration of the risk of injury while participating in Strides for Hope 5k (the "Activity"), and as
consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors,
administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and
release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever
arising out of my participation in the Activity, and do hereby release and forever discharge The New Hope
Center for Reproductive Medicine, located at 448 Viking Drive, Virginia Beach, Virginia 23452, their
affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors,
successors and assigns, for any physical or psychological injury, including but not limited to illness,
paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my
participation in the aforementioned Activity, including traveling to and from an event related to this
Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM
PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE
RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN
THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR
PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY
OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL
LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE
FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR
THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL
RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS
ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY.
I agree to indemnify and hold harmless The New Hope Center for Reproductive Medicine against any and
all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise
brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises
pursuant to any claims made by me or by anyone else acting on my behalf. If The New Hope Center for
Reproductive Medicine incurs any of these types of expenses, I agree to reimburse The New Hope Center
for Reproductive Medicine.
I acknowledge that The New Hope Center for Reproductive Medicine and their directors, officers,
volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any
party or entity conducting a specific event or activity on behalf of The New Hope Center for Reproductive
Medicine.
I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON'S
PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR
DEATH, SERIOUS INJURY, AND PROPERTY LOSS. The risks may include, but are not limited to,
those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants,
equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers,
spectators, coaches, event officials and event monitors, and/or producers of the event.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE"
AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE
TO RELEASE AND DISCHARGE The New Hope Center for Reproductive Medicine AND ALL OF
ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS,
HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY
AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR
WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST
The New Hope Center for Reproductive Medicine FOR PERSONAL INJURY OR PROPERTY
DAMAGE.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for
negligence on the part of The New Hope Center for Reproductive Medicine, its agents, and employees.
In the event that I should require medical care or treatment, I agree to be financially responsible for any
costs incurred as a result of such treatment. I am aware and understand that I should carry my own health
insurance.
In the event that any damage to equipment or facilities occurs as a result of my or my family's willful
actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated
with any actions of neglect or recklessness.
This Agreement was entered into at arm's-length, without duress or coercion, and is to be interpreted as an
agreement between two parties of equal bargaining strength. Both the Participant,
__________________________, and The New Hope Center for Reproductive Medicine agree that this
Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to
alter or explain the terms of this Agreement, but that it will be interpreted based on the language in
accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or
invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or
otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as
the clause severed does not affect the intent of the parties. If a court should find that any provision of this
agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and
enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
In the event of an emergency, please contact the following person(s) in the order presented:
Emergency Contact Contact Relationship Contact Telephone
I, the undersigned participant, affirm that I am of the age of 18 years or older, and that I am freely signing
this agreement. I certify that I have read this agreement, that I fully understand its content and that this
release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am
signing it of my own free will.