EVENT: 2016 Getting
FitFun 4 Families 5K or 2 Mile Fun Run/Walk
WARNING: READ
CAREFULLY, THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAVIER
OF LEGAL RIGHTS AND
DEPRIVES YOU OF THE RIGHT TO SUE COMMUNITY HEALTH CARE, INC. AND
OTHER PARTIES. DO NOT
SIGN THIS AGREEMENT UNLESS YOU HAVE READ IT IN ITS ENTIRETY.
ACCIDENT WAVIER AND
RELEASE OF LIABILITY (AWRL) IN CONSIDERATION of Community Health Care, Inc.
(herein referred to as “Company”) allowing me to participate in the 2017 Getting
FitFun 4 Families 5K or 2 Mile Fun Run/Walk (“Run”) I, for myself, and on
behalf of my spouse, children, parents, guardians, heirs and next of kin, and
any legal and personal representatives, executors, administrators, successors
and assigns, hereby agree to and make the following contractual representations
pursuant to this Waiver and Release of Liability, Assumption of Risk and
Indemnity Agreement (the “Agreement”);
I understand and
acknowledge the physical and mental rigors associated with participating in a
race, running, walking, and other related activities and events, and realize
that running and other portions of such Events are inherently dangerous and represent
extreme test of a person's physical and mental limits. I understand that
participation in any portion of the event involves risks dangers which include,
without limitation, the potential for serious bodily injury, sickness and
disease, permanent disability, paralysis and loss of life; loss of or damage to
equipment/property; exposure to extreme conditions and circumstances;
accidents, contact or collision with other participants, spectators, vehicles
or other natural or manmade objects; dangers arising from adverse weather
conditions; imperfect course conditions; water, road and surface hazards;
equipment failure; inadequate safety measures; participants of varying skill
levels; situations beyond the immediate control of the Company and Event
Organizers; and other undefined risks and dangers which may not be readily
foreseeable or are presently unknown ("Risks"). I understand that
these Risks may be caused in whole or in part by my own actions or inactions,
the actions or inactions of others participating in the Event, or the acts,
inaction or negligence of the Released Parties defined below, and 1 hereby
expressly assume all such Risks and responsibility for any damages,
liabilities, losses or expenses which I incur as a result of my participation
in the Event, and RELEASE Company and its agents and representatives for any
and all liability arising out of my participating in this event. I hereby represent that (i) I am in good
health and in proper physical condition to participate in the Event; and (ii) I
am not under the influence of alcohol or any illicit or prescription drugs
which would in any way impair my ability to safely participate in the Event. I
agree that it is my sole responsibility to determine whether I am sufficiently
fit and healthy enough to participate in the Event. I certify that I am
physically fit, have sufficiently trained for participation in the event and
have not been advised otherwise by qualified medical personnel. I agree to be familiar with and to abide by
the Rules and Regulations established for the Run. I also accept sole
responsibility for my own conduct and actions while participating in the Run,
and the condition and adequacy of my equipment.
I understand that at this event or related activities, I may be
photographed. I agree to allow my photos, pertinent race information, and video
or film likeness to be used for any legitimate purpose by Company, the event
holders, sponsors and/or assigns. Company,
its staff and volunteers are not responsible for my personal Items that are
stored or left pre-race, during the race and
post-race. I understand
that Company staff/volunteers may be present in an area in an attempt to but
not a guarantee to prevent any damage or theft to my belongings. Company
staff/volunteers may or may not be present in an area where your personal items
were left/stored. This AWRL shall be construed broadly to provide a release and
waiver to the maximum extent permissible under applicable law. As a
participating athlete, I certify that all the information provided on my race
entry form is true and complete. I have read this AWRL, and certify my consent
to the terms herein. I hereby Release,
Waiver and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold
Harmless the following parties: Community Health Care, Inc., Organizers and
Promoters, Race Directors, Sponsors, Advertisers, Host Cities, Local Organizing
Committees, Venues, it’s employees and volunteers, and all municipal agencies
whose property and/or personnel are used, Property Owners upon which the Event
takes place, Law Enforcement Agencies and other Public Entities providing support
for the Event, and each of their respective parent, subsidiary and affiliated
companies, officers, directors, partners, shareholders, members, agents,
employees and volunteers (Individually and Collectively, the "Released Parties"
or "Event Organizers"), with respect to any liability, claim(s),
demand(s), cause(s) of action, damage(s), loss or expense (including court costs
and reasonable attorneys fees) of any kind or nature ("Liability")
which may arise out of, result from, or relate to my participation in the
Event, including claims for Liability caused in whole or in part by the
negligence of the Released Parties. I
further agree that if, despite this Agreement, I, or anyone on my behalf, makes
a claim for liability against any of the Released Parties, I will indemnify,
defend and hold harmless each of the Released Parties from any such Liability
which may be incurred as the result of such claim. I hereby warrant that I have read this
Agreement carefully, understand its terms and conditions, acknowledge that I
will be giving up substantial legal rights by registering for this event and
participating herein (including the rights of the minor, my spouse, children,
parents, guardians, heirs and next of kin, and any legal and personal
representatives, executors, administrators, successors and assigns),
acknowledge that I agree to this Agreement freely and voluntarily, without any inducement,
assurance or guarantee, and intend for this registration to serve as
confirmation of my complete and unconditional acceptance of the terms,
conditions and provisions of this Agreement. This Agreement represents the
complete understanding between the parties regarding these issues and no oral
representations, statements or inducements have been made apart from this
Agreement. If any provision of this Agreement is held to be unlawful, void, or
for any reason unenforceable, then that provision shall be deemed severable
from this Agreement and shall not affect the validity and enforceability of any
remaining provisions. I have read this AWRL, and certify compliance by
completing this registration.
PARENT GUARDIAN WAIVER
FOR MINORS (Less than 18 years old)
If you are registering
a participant under the age of 18 you agree and confirm that you are the Parent
and/or Legal Guardian to the minor you are registering and that you have the
authority to make legal decisions for the minor. I hereby accept and agree to
all of the terms and conditions of this Agreement on behalf of the minor in
connection with the minor's participation in the Event(s).The person
registering the minor is the parent and natural guardian or legal guardian and
does hereby represent that he/she is, in fact, acting in such capacity and
agrees to save, hold harmless and indemnify each and all parties referred to above
from any and all liability, loss, claim or damage whatsoever made as a result
of participation in this event. I further certify that the athlete is in good
physical condition, and that event officials have my permission to authorize
emergency medical treatment, if necessary. I certify that the information
provided on the race entry form is true and complete. If, despite this
Agreement, I, or anyone on the minor's behalf, make a claim for Liability
against any of the Released Parties, I will indemnify, defend and hold harmless
each of the Released Parties from any such Liabilities which any may be
incurred as the result of such claim. I have read this AWRL, and certify
compliance by completing this registration.