As a condition of my participation as a runner in the Downtown Dash event being held in Edwardsville, Illinois on August 21, 2021 (“Event”), I agree, acknowledge and represent as follows:
1. Intending to be legally bound, with respect to each Releasee (defined below), I am assuming all risks, am releasing from all liability, am waiving all rights, and am agreeing not to sue for any and all rights and claims that I may have regarding: (a) any and all losses or damages, whether to property or for personal injury or death, that may be suffered by me, directly or indirectly, in connection with, or arising out of, my participation in or association with the Event, or travel to or from the Event, whether caused by the negligence of a Releasee or otherwise; and (b) the use of the Media with respect to the Subject (each as defined below), including without limitation any and all claims for invasion of privacy, publicity, defamation and/or portrayal in a false light, copyright infringement and any claims and/or demands for compensation or royalties. This release is intended to construed as broadly as the law allows.
2. “Releasee” means each of the following and each of their respective employees, agents, volunteers, members, officers, and invitees: Final Race Lap Management, Inc.; Rotary Club of Edwardsville; each governmental entity in any way connected with the Event, including the City of Edwardsville; Chronotrack; Athlinks; each sponsor, promoter and organizer of the Event; each person who owns or leases real estate that is on or adjacent to the Event’s location; medical and law enforcement personnel providing services at the Event; and all other Event participants.
3. I am at least 18 years of age and am physically fit and sufficiently trained to participate in the Event. I understand the hazards associated with running races such as the Event, including tripping hazards, roadway obstructions, features and defects like potholes, cracks and curbs, equipment (fixed and unfixed) used to mark the course or otherwise in connection with the Event, and the risk that motorists, cyclists, pedestrians or other participants may cause injury due to negligence, intentional conduct, or otherwise. Further, I am aware of the highly contagious nature of the 2019 novel coronavirus disease (“COVID-19”) and the risk that I (or my child) may be exposed to or contract COVID-19 by participating in the Event. I understand that while the Club (defined below) has implemented preventative measures designed to reduce the spread of COVID-19, the Club cannot guarantee that I (or my child) will not become infected while participating in the Event and that participation in the Event may increase my (or my child’s) risk of contracting COVID-19. The risks described in this Paragraph 3 are only some examples of risks assumed by me in Paragraph 1(a) above; they are not an exclusive list of all assumed risks. (If under age 18, the runner’s parent or guardian shall enter into this agreement on the runner’s behalf as a condition of the runner’s participation in the Event.)
4. I hereby irrevocably authorize and permit the Rotary Club of Edwardsville and its agents, volunteers, members, officers, vendors, and assigns (individually and, collectively, “the Club”), in connection with the Event, to photograph, otherwise record, or create other media, and to receive from third persons, including the Subject (hereinafter defined), photographs and recordings of, and all other media, with respect to me (or my child as indicated below) (hereinafter, the “Subject”) and to modify, edit, reproduce, make derivative works from, publish, distribute or otherwise use throughout the world, in perpetuity, any such photographs, recordings or other media which may reference or pertain to the Subject, including without limitation the name, image, likeness, statements, biographical information, and/or voice (individually and collectively, the “Media”) of the Subject in any manner the Club deems appropriate in the discretion of the Club for marketing, promotional, publicity or similar purposes. I hereby consent to such creation, receipt, modification, editing, reproduction, derivations, publication, distribution and other use of the Media in, without limitation, various publications, news articles, press releases, advertisements, flyers, websites, social media channels (e.g., Facebook, Twitter, and Pinterest) and other electronic and print materials and media for such purposes. I understand and agree that there will be no compensation for the use of any Media. I understand and waive any right to inspect or approve the use of any Media.
5. My promises made above are legally binding upon me, my heirs, executors, legal representatives, and successors in interest. I have read this release carefully and I understand and agree to its terms.