In consideration for allowing me to register and participate in the Great Sacandaga Half Marathon and its pre and post race activities, (“Event”), I agree as follows:
1. I acknowledge that participating in the Event and/or its related activities involves an above-average risk of personal injury, and I voluntarily assume all risks associated with my participation in the Event. I represent and warrant that I am in good health and have no physical conditions that affect my ability to participate in the Event, and I have not been advised otherwise by a medical practitioner.
2. I assume full responsibility for my participation and the risk of injury, even if arising from the negligence of those persons released from liability below (“Releasees”), which may not be reasonably foreseeable by anyone at any time, whether caused by the condition of the course, property, facilities, or equipment used during the Event including, without limitation, weather conditions such as high heat and/or humidity, traffic, other entrants, and the condition of the roads, all such risks being known and appreciated by me. I agree that I will advise Event personnel of any unsafe condition that I observe on the course and I will refuse to participate or continue in the Event until the unsafe conditions have been remedied. I assume all said risks associated with my participation in the Event and the risk of injury caused thereby.
3. I, on behalf of myself, my personal representatives, heirs, and assigns, hereby fully and forever release, waive, discharge and covenant NOT to sue the Great Sacandaga Half Marathon officials, sponsors, their employees, agents, volunteers, and assigns, and all municipal agencies whose property and/or personnel are used, including, but not limited to the Village of Northville NY, the Town of Northampton NY, the Northville Firemen’s Association, the Sheriff’s Department of Fulton County NY, the New York State Police and the Ambulance Service of Fulton County NY, and all other sponsoring or co-sponsoring companies or individuals related to the Event, including, but not limited to, Granite State Race Services of New Hampshire and Athlinks Services (collectively, “Releasees”) on account of any and all loss(es), damage(s), and any and all claims or demand therefore, on account of injury to me or property or resulting in my death, whether caused by the active or passive negligence of all or any of the Releasees or otherwise, in connection with my participation in the Event, except that which is a result of gross negligence and/or wanton misconduct. I further agree to indemnify, defend, and hold harmless Releasees from and against any claims, causes of action, damages, judgments, liabilities, fees (including attorney’s fees), costs and expenses incurred by Releasees arising out of my participation in the Event.
4. I give permission for Releasees to use my biography, name and likeness in connection with the Event, and also any publicity, advertising, and promotion for the Event and future editions of the Event. I waive any right that I may have to inspect or approve any finished product that may be used in connection with the Event. I assign to Releasees all rights that I may have to my biography, appearance, name, voice, photo, video or film likeness that have been captured in connection with the Event. I consent to appear in broadcasts of the Event in perpetuity.
5. In connection with any injury or other medical conditions I may experience during the Event, I consent to be removed and authorize whatever medical treatment is deemed necessary by medical and Event personnel, in their discretion. I further agree that I will be FULLY responsible for payment of any and all medical services, ambulance transport service, and treatment rendered to me.
6. I agree to conduct myself in a professional manner and treat all colleagues, officials and spectators respectfully. I consent to my immediate removal from the Event if I (a) violate the prohibition on animals, strollers, bikes, skates, or other wheeled devices; (b) in any way endanger the safety of others; (c) fail to follow the rules of the Event; or (d) fail to follow the instructions of Event officials.
7. I UNDERSTAND AND AGREE THAT THE ENTRY FEE IS NON-REFUNDABLE.
8. I agree that this Agreement is intended to be as broad and inclusive as is permitted by the law of New York State and that if any provision of this Agreement shall be found 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 of any remaining provisions.
9. I also represent and warrant to Releasees that I have full legal authority to complete this event registration on behalf of myself and/or any other party I am registering (the “Registered Parties”). If I am registering a child under the age of 18, I represent and warrant that I am the parent or legal guardian of that child and have the legal authority to enter into this agreement on their behalf, and by proceeding with this Event registration, I agree that the terms of this Agreement shall apply equally to all Registered Parties.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTANDING ITS TERMS, AND UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.