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.
