Stroehmann Bakeries Back on My Feet 5-Miler Liability Waiver, Release, Indemnification and Hold Harmless:
I, (“User”) am of legal age and enter into this Liability Waiver, Release, and Hold Harmless (the “Agreement”) voluntarily and knowingly and agree that I have read and understood all of the terms and conditions contained herein. If I am under the age of eighteen, my parent and/or legal guardian is signing the Agreement on my behalf and has likewise read and understands all of the terms and conditions contained herein.
LIABILITY RELEASE AND WAIVER
In consideration of User's permission to participate in the Stroehmann Bakeries Back on My Feet 5-Miler (the “Race”), including all public and private areas associated with the Race, including, but not limited to, race course, sidewalks, parking lots, public and private roads, packet-pickup areas, registration areas, and start and finish areas, User agrees that User shall release, remise and on behalf of User, User's heirs, successors, and assigns and does hereby release, remise and forever discharge the Race, Back on My Feet, Inc., Bimbo Bakeries, USA, Inc. d/b/a/ Stroehmann Bakeries, Philadelphia Parks and Recreation, City of Philadelphia, Lin-Mark Computer Sports, Inc. and all of their respective officers, directors, owners, operators, shareholders, attorneys, contractors, consultants, sponsors, insurance carriers, equipment suppliers, assigns, affiliates, agencies, volunteers, workmen and/or employees (collectively, "Employees") of and from any and all liability, cause of action, claim, demand, right, damage, loss, expense and/or compensation of any nature whatsoever including but not limited to any claim of negligence or gross negligence, which User, User's spouse, parents, heirs, successors, and/or assigns may now have, or in the future shall have against the Race on account of personal injury, property damage, death or accident of any kind, the consequences thereof and the consequential damages therefore, arising out of or in any way related to User's use of the facilities owned and/or operated by the Race, whether that use is supervised or unsupervised by the Race or its' Employees, regardless of how the injury or damage is caused, including, but not limited to, any acts that are negligent, grossly negligent, willful or wanton of the Race and its’ Employees which may occur in present or future use of Race’s facilities and services.
INDEMNIFICATION AND HOLD HARMLESS
The User recognizes that there is risk involved in the types of activities offered by the Race and therefore accepts financial responsibility for any injury that the User may cause either to him/herself or to any other participant due to his/her intentional acts, negligent acts, and acts of gross negligence that are willful or wanton. Should the Race or its’ Employees or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, User (including User’s heirs, successors and assigns) agrees to reimburse them for such fees and costs. User (including User’s heirs, successors and assigns) further agrees to indemnify and hold harmless the Race and its’ Employees from any and all liability for the injury or death of any person(s) and damage to property that may result from User’s intentional acts, negligent acts, acts of gross negligence that are willful or wanton while participating in activities offered by the Race.
User acknowledges that he/she has consulted with a physician prior to participating in the Race and is in good physical condition to participate in the Race. User agrees to follow all safety rules and instructions of the Race and agrees to immediately notify Race of any conduct or condition that may cause injury or harm to User or others.
User (including User’s heirs, successors and assigns) consents to the exclusive jurisdiction and venue of Philadelphia County, Pennsylvania for any action relating to the Agreement, regardless of User's residence or domicile and waives any and all claims of person jurisdiction. This Agreement shall be interpreted and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-law rules. If any portion of the Agreement is held invalid, User (including User’s heirs, successors and assigns) agrees that the remainder of the Agreement shall remain in full legal force and effect. This Agreement constitutes the entire understanding and agreement, oral or written, between the Race and User (including User’s heirs, successors and assigns) concerning the subject matter hereof and shall inure to the benefit of the parties and their respective heirs, successors and assignees. This Agreement may not be modified unless done so in writing signed by the User and the Race.
If I am signing on behalf of a minor child, I also give full permission for any person connected with the Race to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the well being of the child.
User has read and understood the foregoing Liability Waiver, Release, and Hold Harmless and understands that by signing it obligates User to indemnify the parties named for any liability for injury or death of any person and damage to property caused by User’s negligent or intentional act or omission. User further acknowledges that by signing this document, User is giving up their right to bring a Court action, now or anytime in the future, in order to recover compensation or obtain any other remedy for any injury to User or User’s property, including User’s death however caused, arising out of User’s voluntary participation in the Race. User understands that by signing this Agreement User is waiving valuable legal rights.
The undersigned further grants the Race full permission to use any photographs, videotapes, motion pictures, recordings, or another record of the event for any purpose. Minors will be accepted with a parent’s signature.
I understand that, regardless of situations such as inclement weather and medical emergencies, refunds will not be issued.
By Clicking on the I Agree/Submit Icon below, I certify and attest that I have read and understood and agree to all terms and conditions listed on the above waiver.