RELEASE OF LIABILITY, PROMISE NOT TO SUE, ASSUMPTION OF RISK AND AGREEMENT TO PAY CLAIMS
Activity: Virginia Beach, Virginia, Joggin' for Frogmen 5k
Activity Date(s) and Time(s): October 21, 2017 5:00am-1:00pm
Activity Location(s): Aviation Museum 1341 Princess Anne Road, Virginia Beach, Virginia 23457 (Participant, Volunteer, and Virtual Racer)
Please read any waiver carefully. It includes a release of liability and waiver of legal rights and deprives you of the ability to sue certain parties, whether you are participating at the event, volunteering, or running as a Virtual Racer. Do not agree to this document unless you have read and understood it in its entirety. By agreeing electronically, you acknowledge that you have both read and understood the text presented to you as part of the registration process. You also understand and agree that events carry certain inherent dangers and risks, which may or may not be readily foreseeable, including without limitation personal injury, property damage or death. Your ability to participate in the event(s) is/are subject to your agreement to the waiver and by agreeing herein, you accept and agree to the terms of the waiver and release agreement.
If you are a Virtual Racer, you are aware that your virtual run/walk will be completed at your pace and in your own time at a location of your choice. We are not responsible for any injury that can take place during your virtual run or walk. You understand that events may be held over public roads and facilities open to the public during the event and upon which hazards are to be expected.
By indicating your acceptance, you understand, agree, warrant and covenant as follows:
In consideration for being allowed to participate or volunteer in this Activity, on behalf of myself and my next of kin, heirs and representatives, and anyone entitled to act on my behalf, I release from all liability and promise not to sue the Aviation Museum and their employees, officers, directors, volunteers and agents (collectively "The City"), the Navy SEAL Foundation, Focas Events, Inc., all sponsors, endorsers and vendors of this Activity, and their employees and elected officials, from any and all claims, including claims of any aforementioned entity's negligence, resulting in any physical or psychological injury (including paralysis and death), illness, damages, or economic or emotional loss I may suffer because of my participation in this Activity, including travel to, from and during the Activity. I assume all risks associated with participating in the Activity, on October 21, 2017, including, but not limited to falls, contact with other participants, the effects of weather, including high heat or humidity, traffic and the conditions of the road, all such risks being known and appreciated by me.
I am voluntarily participating in this Activity. I am aware of the risks associated with traveling to/from and participating in this Activity, which include but are not limited to physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and/or death. I understand that these injuries or outcomes may arise from my own or other's actions, inaction, or negligence; conditions related to travel; or the condition of the Activity location(s). Nonetheless, I assume all related risks, both known or unknown to me, of my participation in this Activity, including travel to, from and during the Activity.
I agree to hold the Aviation Museum, the Navy SEAL Foundation, Focas Events, Inc., and/or all other aforementioned entities harmless from any and all claims, including attorney's fees or damage to my personal property that may occur as a result of my participation in this Activity, including travel to, from and during the Activity. If the Aviation Museum, the Navy SEAL Foundation, Focas Events, Inc., and/or all other aforementioned entities incurs any of these types of expenses, I agree to reimburse them fully. If I need medical treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
I understand that I will not get a refund of race registration or commercial goods for any reason, even due to weather leading up to the event or on the day of the event. I attest and verify that I am physically fit and have sufficiently trained for the completion of this event and my physical condition has been verified by a licensed medical doctor. I understand that the race entry is non-refundable and is only transferrable if the transfer is done through permission from the Navy SEAL Foundation. I also understand that if I illegally transfer my bib number to another person, I release and all entities associated with the event. I will accept all responsibility for any legal or medical ramifications that may arise from an unauthorized transfer. Focas Events, Inc., The Navy SEAL Foundation, its staff and volunteers are not responsible for my personal items that are brought to the event. This waiver 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 waiver, and certify my compliance by my signature below.
Further, I hereby grant full permission to any and all of the foregoing to use any photographs, motion pictures, recordings, or any other record of this event for any legitimate purpose including commercial advertising, without monetary payment to me.
I understand that all participants must pick up their own bib numbers and sign a waiver unless you have a photo ID and a letter stating that you are authorized to pick up the bib number. You will then be required to sign the waiver and assume all responsibility for the person for whom you are picking up the bib.
I am 18 years or older. I understand the legal consequences of signing this document, including (a) releasing the Aviation Museum, the Navy SEAL Foundation, Focas Events, Inc., and/or all other aforementioned entities from all liability, (b) promising not to sue the Aviation Museum, the Navy SEAL Foundation, Focas Events, Inc., and all other aforementioned entities (c) and assuming all risks of participating in this Activity, including travel to, from and during the Activity.
I understand that this document is written to be as broad and inclusive as legally permitted by the State of Virginia. I agree that if any portion is held invalid or unenforceable, I will continue to be bound by the remaining terms. I have read this document, and I am signing it freely. No other representations concerning the legal effect of this document have been made to me.
If Participant or Volunteer is under 18 years of age:
I am the parent or legal guardian of the Participant. I understand the legal consequences of signing this document, including (a) releasing the Aviation Museum, the Navy SEAL Foundation, Focas Events, Inc., and/or all other aforementioned entities from all liability on me and the Participant's behalf, (b) promising not to sue on my and the Participant's behalf, (c) and assuming all risks of the Participant's participation in this Activity, including travel to, from and during the Activity. I allow Participant or volunteer to participate or volunteer in this Activity. I understand that I am responsible for the obligations and acts of Participant as described in this document. I agree to be bound by the terms of this document. I have read this document, and I am signing it freely. No other representations concerning the legal effect of this document have been made to me.