COMPLETE RELEASE OF LIABILITY AND INDEMNITY AGREEMENT IN FAVOR OF
ATALAYA ELEMENTARY SCHOOL
THIS DOCUMENT WAIVES YOUR RIGHTS AND REMEDIES RELATED TO ANY INJURY OR LOSS YOU MAY SUFFER AS A RESULT OF YOUR PARTICIPATION IN THIS RACE. PLEASE READ CAREFULLY BEFORE SIGNING.
In exchange for and in consideration of Atalaya Elementary School and other parties’ organization of the Annual Atalaya Elementary Turkey Trot Run (the “Race”), to be held at Atalaya Elementary School Santa Fe, New Mexico on the 25th Day of November, 2021, and recognizing that my participation is entirely voluntary and that I may choose to withdraw at any time, I HEREBY CONTRACT AND AGREE FREELY, FULLY AND WITHOUT RESERVATIONS AS FOLLOWS:
A. I UNDERSTAND that participation in the Race is a hazardous activity that could result in serious INJURY including, but not limited to: injury, disease, strains, fractures, PERMANENT DISABILITY, OR DEATH to myself or to third parties. I voluntarily assume all risks and hazards related to my participation in the Race and I PROMISE NOT TO SUE and COMPLETELY RELEASE Atalaya Elementary School and its agents, affiliates, officers, directors, servants, employees and representatives (collectively, “Atalaya Elementary Releasees”) from ALL LIABILITY for any injuries, death, or other damages and from any claim arising in any way from my participation in the Race, including claims related to the negligence of Atalaya Elementary School or any of the Atalaya Elementary School Releasees, and Jackrabbit Race Productions, from my participation in the Race (together, “Claims”).
B. I agree to indemnify, defend and hold harmless Atalaya Elementary School and the Atalaya Elementary School Releasees from and against all Claims arising from, or based upon, my participation in the Race; and promise to indemnify Atalaya Elementary School and the Atalaya Elementary School Releasees for any Claims against them or costs incurred by them related in any way to my participation in the Race.
C. I have made my own independent investigation into the physical conditions of the Race course and location, and decided to participate in the Race based only on that independent investigation. Atalaya Elementary School has not made any material statements upon which I have relied in making any decision whether to participate in the Race or any portion thereof, and has not forced or improperly influenced me into participating in the Race. I understand that I can choose not to participate in all or any portion of the Race at any time.
D. I represent to Atalaya Elementary School that I am in sufficient physical and mental condition to enable me to participate in the Race safely. I warrant that I am free of known physical or mental conditions that could render my participation dangerous to my health or the health of other participants or bystanders. I authorize Atalaya Elementary School and other appropriate parties to initiate emergency evacuation or treatment in case of injury or illness, and I also agree to pay for all costs associated with any such emergency rescue and/or related medical treatment that might arise as a result of my participation in the Race.
E. I understand that other Racers, volunteers, or other parties will be participating in the Race and the production of the Race, and that Atalaya Elementary School is not responsible or liable for the acts of any such third parties. I affirm that I will comply with all Race rules and procedures provided by Atalaya Elementary School and will not act in any manner that causes damage or injury to any other Racer, volunteer or third party.
F. I acknowledge and agree that the Race activities are strictly voluntary, and it is my responsibility to limit my participation in any way I deem appropriate to ensure my own safety and that of other participants and bystanders. I understand that my participation in the Race is contingent on my following Race rules, procedures, and safety instructions, and that Atalaya Elementary School may, in its sole discretion, choose to remove me from the Race at any time and for any reason.
G. I authorize Atalaya Elementary School and its authorized agents to photograph and/or film me, and transfer all rights in such photograph and/or film to Atalaya Elementary School. I understand that I may not be notified if my photograph or likeness is to be published and/or used for profit.
I AM AWARE THAT THIS IS A LEGALLY BINDING CONTRACT AND THAT BY SIGNING IT I AM RELEASING LEGAL RIGHTS AND ACCEPTING LEGAL RESPONSIBILITY FOR ANY HARM I SUFFER OR CAUSE TO OTHERS. I UNDERSTAND THAT IF I AM REGISTERING A MINOR, THIS WAIVER APPLIES TO THAT MINOR.
