2019 Run to Home Base Florida
PHOTOGRAPHIC AND RESULTS RELEASE and WAIVER AND RELEASE OF CLAIMS
I agree that any and all representations made and releases, waivers, covenants, consents and permissions given by me hereunder are given on behalf of me and any and all of my minor children or persons over whom I have guardianship participating in or attending the Event.
I give my consent and permission to the Red Sox Foundation, the Massachusetts General Hospital (“hospital”), Home Base, JetBlue Park at Fenway South, the Run to Home Base Florida, Fort Myers Track Club, sponsors and corporate sponsors, their successors, licensees, and assignees, for the irrevocable right to use, for any purpose whatsoever and without compensation, (i) any interviews, audio recordings, the taking of motion pictures, videotape recording, photographs, electronic images, or live broadcast of me that are made during the course of this event (the “Event”); and (ii) the results of my participation in this Event (e.g., race time, name, participant number). (1) Recordings may be used for informing the public about the clinical, educational, and/or scientific activities of the hospital, Partners HealthCare System, or Red Sox Foundation or Boston Red Sox with regard to Home Base. The images, audio or information in a Recording may be published and republished, exhibited either separately or in connection with each other, in a professional journal or medical book or other media, including the Internet, or used for any other purpose in the interest of informing the public about activities at the hospital or Partners HealthCare System or Boston Red Sox or its affiliates or Red Sox Foundation or Major League Baseball. Recordings may be shared with the news media or other television programmers, both in the United States and abroad, and further broadcast or replicated as those third parties see fit, with or without the input of the hospital, Partners HealthCare System, or Red Sox Foundation. It is specifically understood that in any such publication or use, I may be identified by name based on my consent provided herein. I grant this consent as a voluntary contribution in the interest of medical education and knowledge, and/or to raise awareness about the activities of the hospital, Partners HealthCare System or Red Sox Foundation. (2) I understand that I will not receive, and am giving up any claim to receive, any payment or royalties in connection with any publication, exhibition, televising or other showing of these Recordings regardless or whether such exhibition, televising, release, broadcast or other showing is under philanthropic, commercial, institutional, or private sponsorship, and irrespective of whether a fee of admission or film rental is charged. (3) I understand that Recordings may be edited, modified, or retouched (in some but not necessarily all cases) for artistic purposes and/or to withhold identity or for other graphic production reasons which may or may not be within the control of the hospital, Partners HealthCare System or Red Sox Foundation, The Boston Red Sox or JetBlue Park at Fenway South.
I understand that (i) my consent to these provisions is given in consideration for being permitted to participate in this Event; (ii) I may be removed from this competition if I do not follow all the rules of this Event; and (iii) I am a voluntary participant in this Event. I am in good physical condition and am solely responsible for my personal health, safety and personal property. I know that this Event is a potentially hazardous activity and I hereby voluntarily assume full and complete responsibility for, and the risk of, any injury or accident which may occur during my participation or the participation of my children in this Event or while on the EVENT premises (COLLECTIVELY, “MY PARTICIPATION”). TO THE FULLEST EXTENT OF THE LAW, I, for myself, my next of kin, my heirs, administrators, and executors (COLLECTIVELY, “RELEASORS”), hereby release and hold harmless and covenant not to file suit against (i) THE RED SOX FOUNDATION, JETBLUE PARK AT FENWAY SOUTH, New England Sports Ventures LLC; N.E.S.V. I, LLC; N.E.S.V. II, LLC; N.E.S.V. IV, LLC; Lee County and NESV Florida Real Estate, LLC, MASSACHUSETTS GENERAL HOSPITAL, HOME BASE, their respective parents, subsidiaries and affiliates, and successors; and THEIR RESPECTIVE DIRECTORS, OFFICERS, VOLUNTEERS, AGENTS AND EMPLOYEES; (ii) any Event sponsors; and (III) all other persons or entities associated with this Event (collectively, the “Releasees”) for any injury or damages I or my children might suffer in connection with my participation. This release applies to any and all loss, liability, or claims , MY CHILDREN, I OR MY RELEASORS may have arising out of my participation, including but not limited to, personal injury or damage suffered by me or others, whether such losses, liabilities, or claims be caused by falls, contact with and/or the actions of other participants, contact with fixed or non-fixed objects, contact with animals, conditions of the EVENT premises, negligence of the Releasees, risks not known to me or not reasonably foreseeable at this time, or otherwise. This Photographic and Results Release and Waiver and Release of Claims (collectively, the “Release”) shall be construed under the laws of Florida. In the event any provision of this Release is deemed unenforceable by law, (i) the Red Sox Foundation and Massachusetts General Hospital shall have the right to modify such provision to the extent necessary to be deemed enforceable; and (ii) all other provisions of this Release shall remain in full force and effect. I understand that I have given up substantial rights by signing this Release, and have signed it freely and voluntarily without any inducement, assurance or guarantee being made to me and intend my signature to be a complete and unconditional release of liability to the greatest extent allowed by law.
ALL PARTICIPANTS IN RUN-WALK TO HOME BASE FLORIDA (‘Road Race’) ARE REQUIRED TO ASSUME ALL RISK OF PARTICIPATION BY ACCEPTING THIS GENERAL RELEASE AGREEMENT.
I know that running or walking is a potentially hazardous activity. I should not enter and run or walk in the Run to Home Base Florida unless I am medically able and properly trained. I agree to abide by any decision of a race official relative to my ability to safely complete the run or walk. I assume all risk associated with running/walking including, but not limited to, falls, contact with other participants, the effects of the road and traffic on course, all such risks being known and appreciated by me in said event and any pre-and post activities. Having read this waiver and knowing these facts, I for myself and anyone entitled to act on my behalf, waive and release Fort Myers Track Club, all sponsors, their parents, subsidiaries, affiliates, directors, officers, employees, agents, representatives and successors from all claims or liabilities of any kind or nature whatsoever arising out of my voluntary participation in this race, even though that liability may arise out of negligence or carelessness on the part of the persons named in this waiver. I grant to Road Race and its sponsors, licensees the exclusive right to the free use of my (and my children’s if participating) name, my voice, and/or my picture in any broadcast, telecast, advertising, promotion or other account of this event. I agree to abide by all rules and guidelines of Road Race and not cover, alter or reproduce my running number in any way on pain of my disqualification from this and future events. I acknowledge that my entry fee is non-refundable, including if the race is cancelled, and my entry is non-transferable. I agree I will not chargeback or dispute the credit card transaction.
Authority to Register and/or to Act as Agent. You represent and warrant to Fort Myers Track Club that you have full legal authority to complete this event registration on www.runtohomebaseflorida.org including full authority to make use of the credit or debit card to which registration fees will be charged. In addition, if you are registering third parties, you represent and warrant that you have been duly authorized to act as agent on behalf of such parties in performing this event registration. By proceeding with this event registration, you agree that the terms of this Registration Agreement shall apply equally to you and to any third parties for whom you are acting as agent. You represent and warrant that, in compliance with COPPA, you are over thirteen (13) years of age, and that if you are registering a child under sixteen (16) years of age you are the parent of such child, and do hereby consent to the collection of such child's personal information by Fort Myers Track Club.
Refund Policy. I acknowledge that my entry fee is non-refundable, including if the race is cancelled, and my entry is nontransferable.
The Run to Home Base Florida is a fundraising event. While timing is available for runners only, due to the unique quality of the race course and the small space in some areas of JetBlue Park, there may be delays in some parts of the race. This fundraising Run is not meant for competitive or qualifying purposes.
By checking the box below, I hereby confirm that I am an adult 18 years of age or over and give the electronic equivalent of my signature and I confirm that I have read and agree to the registration terms, safety waiver and Credit Card Authorization.
For Parents or Guardians of individuals 14 to 18 years of age, I confirm that I am the parent/guardian of this child, and by checking the box below, I hereby give the electronic equivalent of my signature and I confirm that I have read and agree to all the registration terms, safety waiver and Credit Card Authorization.