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I am the parent or legal guardian of the above registered minor (“Participant”) or I am a volunteer coach. I agree that the Participant may participate in the Kilometer Kids program, the Atlanta Track Club’s incentive-based running program. The purpose of the program is to increase the Participant’s activity/fitness level. I understand that during the program, the Participant will be involved in outdoor physical activities. Physical reactions to exercise may include heat-related illness, abnormal heartbeats and blood pressure and, in rare instances, events such as heart attacks.
I acknowledge that Kilometer Kids, the Atlanta Track Club, and their affiliates are not responsible for investigating, selecting, or approving any of the volunteer coaches involved in the activities at any particular site, including determining whether a volunteer coach is (a) experienced or knowledgeable regarding physical fitness or techniques for improving physical fitness of children, or (b) capable of providing a safe environment for the children engaged in the program. It is specifically acknowledged that, notwithstanding any information that Atlanta Track Club is able to discover related to any prospective volunteer coach, including but not limited to responses to questions posed to a prospective volunteer coach in connection with a coach completing and executing the Coach Responsibilities and Commitment materials, the Site Coordinator is responsible for conducting any background check or other proper investigation of any potential volunteer coach. Recognizing the Site Coordinator’s responsibility, the risks of the program, and in consideration for allowing the Participant to participate in the program, I hereby release, discharge and agree to hold harmless, and to indemnify Kilometer Kids, its owners, directors, officers, contributors, sponsors, employees, contractors, agents and assigns against and from any causes of action, claims, demands, damages, costs, loss of services, expenses, compensation, all consequential damages and attorneys’ fees (regardless whether pursuant to the laws of any county, state or country) claimed by, through or on behalf of me or the Participant related directly or indirectly to the program, and specifically including any and all claims for personal injuries sustained while participating in program activities without regard to negligence or negligent conditions. I hereby grant Kilometer Kids, and all assigns, licensees, successors in interest, legal representatives, employees, consultants, and those acting with permission or authority of the aforementioned parties, the absolute, irrevocable and unrestricted right to use photographs, videos likeness and audio (including without limitation all originals, negatives, prints and transparencies or any duplicates or reproductions of the foregoing) that have been or will be taken of the Participant (collectively, “Images”), in which the Participant may be included with others, to copyright the same, in the name of Kilometer Kids or otherwise; to use, re-use, publish and republish the same in whole or in part, individually or in conjunction with other photographs and videos, and in conjunction with any printed matter, in any and all media now and hereafter known, and for any purpose whatsoever; and to use my name in connection herewith. I hereby release and agree to hold harmless Kilometer Kids and all aforementioned entities, from any damages or liability relating to or arising from any use of or modification, alteration, distortion or other change to any of the Images and/or information gathered, unless it can be proven that such reproduction were maliciously caused, produced and published for the sole purpose of subjecting Participant to conspicuous ridicule, scandal, reproach, scorn and indignity. I hereby waive any claims I may have based on any usage of the Images, information gathered, or works derived thereof, including but not limited to claims for either invasion of privacy or libel. I represent, warrant and agree that the Participant will not disaffirm or disavow this release on the ground that the Participant was a minor on the date it is executed or any similar grounds whatsoever. I expressly agree that this consent is intended to be as broad and inclusive a release of liability as permitted by applicable law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. I hereby warrant and represent that I am 18 years old or older; I have carefully read this consent and agree to its terms and conditions, that before signing this agreement I had the chance to ask questions; and I am aware that by signing this consent, I assume all risks and waive and release certain substantial rights that I and participant may have or possess against Kilometer Kids. To the extent permitted by applicable law, I hereby irrevocably and unconditionally waive trial by jury in any legal action or proceeding related to this agreement.