{{::eventInfo.eventName}}

ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT In consideration of my being permitted to participate in Step Up for Down Syndrome 5k (hereinafter “5k”)/walk, I agree that I will not hold Brian Larkin, Jill Reese, Maegan MacDougall, Hawkeye Area Down Syndrome Association, the City of Cedar Rapids, or any of their respective officers, employees, officials or agents (hereinafter collectively referred to as the “Organizers”) responsible for any injuries or losses I might incur while participating in the Step Up for Down Syndrome 5k/walk. I am aware that this activity involves risk, including, but not limited to, the dangers of colliding with fixed or moving people or objects, the dangers of surface hazards, inadequate safety or other equipment, or adverse weather conditions, the risks inherent in activities conducted on and around public streets and roadways, and the risks inherent in any athletic activity or competition. I knowingly and voluntarily accept and assume the risks of taking part in the 5k/walk. For myself, my heirs, executors, administrators, legal representatives, assignees and successors in interest, I hereby release, waive, discharge, and covenant not to bring claims, lawsuits, demand damages, and/or sue the Organizers from and for any liability resulting from personal injury, accident or illness, and/or property loss, however caused, or in any way related to my taking part in the 5k/walk. For myself, my heirs, executors, administrators, legal representatives, assignees and successors in interest, I hereby agree to indemnify, hold harmless and defend the Organizers from any and all fault, claims, costs, expenses, liabilities, demands, damages, lawsuits, and other causes of action arising out of, related to, or connected with my participation in the 5k/walk. Should any such claim, demand, or lawsuit arise or be asserted in any way whatsoever related thereto, whether arising under the laws of the United  States or of any State, or under any theory of law or equity, I will indemnify and hold harmless the Organizers from any and all costs, expenses, or liability, including, but not limited to the cost of any settlement or judgment made or rendered against the Organizers, whether jointly or severally with me, together with all costs of court and other costs or expenses incurred  in connection with any such claim, demand, or lawsuit, including attorney’s fees. I further expressly waive my right to venue in my County of residence, and consent to venue and personal jurisdiction of Linn County, Iowa. I have consulted with my health care provider and represent that I am fit to participate in the 5k/walk. In the event of an illness, injury or medical emergency, I authorize the Organizers and/or medical staff on hand to provide or secure any treatment or transport deemed reasonably necessary for my immediate care. Furthermore, I agree that I will be responsible for the costs of any and all such care and transport. I grant the Organizers permission to use my photograph, picture, likeness, and voice in any media format whatsoever, and for any purpose whatsoever, including commercial advertising, and I hereby waive the right to any compensation for such use. I agree to abide by all rules of the 5k/walk, and understand that I may be removed from the course for violation of the rules. If I am signing this agreement or otherwise registering for the 5k/walk on behalf of my child or ward, I authorize my child or ward to participate in the 5k/walk, and make the same representations contained herein on behalf of my child or ward. I also agree to indemnify for and release liability on behalf of my child or ward as set forth herein. This agreement may not be modified orally. I expressly agree that this instrument is intended to be as broad and inclusive as permitted by law, and terms of this agreement are severable; if any one or more of them is found to be unenforceable or invalid by a court of competent jurisdiction, that finding shall not affect the other terms, which shall remain binding and enforceable. Representations I have made in this agreement are contractually binding on me, my heirs, executors, administrators, legal representatives, assignees, and successors in interest. I understand that the Organizers are relying on the representations made herein. I hereby acknowledge and agree that I have read this instrument and understand its terms and am executing this instrument voluntarily. I furthermore hereby acknowledge and agree that I have read, understand, and will abide by all rules and procedures implemented by the Organizers. Each and every remedy shall be cumulative and shall be in addition to every other remedy now and hereafter existing at law or in equity or by statute or otherwise. The election of anyone or more remedy hereunder by the Organizers shall not constitute any waiver of the Organizers' right to pursue other available remedies. Dated this 16 day of March 2017.