TCM Acknowledgments, Agreements, Releases, and Waivers
If any part of this agreement should be deemed unenforceable, that portion of the agreement is severable, and the remaining provisions shall remain in full affect.
Acknowledgment of Risks
I know that running a road race is potentially hazardous activity. I also know that, although police protection will be provided, there may be traffic on the course route and I must watch for vehicles at intersections and on the roads. I understand that unforeseen obstacles and dangers, natural or manmade, may occur during the race or related events and that I am participating with caution and take full responsibility to take proper action to avoid these unforeseen obstacles and dangers. I understand that risks associated with running this event include but are not limited to, falls, contact with other participants, the effects of weather including high heat and/or humidity, condition of the roads and all other environmental conditions during the race. I recognize that if I choose to wear a portable listening device during the race that it may create a distraction, which may increase my risk of injury. Knowing these facts, I wish to participate, and in consideration of your acceptance of my entry fee knowingly assume the associated risks.
I recognize that the World Health Organization has declared the 2019 novel coronavirus (“COVID-19”) a worldwide pandemic. I understand that COVID-19 is extremely contagious and is believed to spread by person-to-person contact, by contact with contaminated surfaces and objects, and even possibly by air. I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk of exposure to or infection by COVID-19 by participating in the race. Twin Cities in Motion (TCM) has enacted preventive measures in accordance with the most recent guidance and recommendations by the Centers for Disease Control and Prevention (CDC), the Minnesota Department of Health, and other state guidelines for live events to reduce the spread of COVID-19. I know that TCM, however, cannot guarantee that infections transmission will not occur. I understand that the risks associated with COVID-19 include but are not limited to serious and potentially life threatening illness, long-term health effects, and even death. I have read and understood the above warning about COVID-19. Knowing these facts, I wish to participate, and in consideration of your acceptance of my entry fee knowingly assume the associated risks with in person participation.
Fitness to Participate
By entering the 5K and choosing to run, I am agreeing that I am medically able and properly trained. By participating, I warrant that I am in the physical condition necessary to complete the race; and have not been instructed not to do so by a health care professional.
I give my permission for medical team evaluation, treatment, and transfer to an emergency facility if needed. I also give permission for medical data to be used anonymously in medical education and published studies of race injury and illness. I agree that Twin Cities In Motion (TCM) officials have the right to remove me from the race and related activities if they are of the opinion that it is in my best interest or the best interest of the other race participants or TCM that I be removed.
TCM Release of Liability for Negligence & Waiver
Purpose and Scope of Agreement: This agreement releases, discharges, and waives all NEGLIGENCE claims by you, or on your behalf; and is your agreement to assume all risk of injury, disability, or death due to the negligence. This waiver should be interpreted broadly, to the fullest extent allowable by the laws of the State of Minnesota.
I hereby for myself, my spouse/partner, my heirs, executors, administrators or anyone else who might claim on my behalf, assume all risk of injury, disability or death, including injury, disability or death in connection with exposure to COVID-19 and covenant not to sue, and waive, release, and discharge Twin Cities In Motion (TCM) and any organization associated with the race, including the local governments and police, volunteers, and any and all sponsors and the directors, officers, agents, employees, volunteers, assignees or anyone acting on their behalf, from any and all negligence claims or causes of action (known or unknown, foreseen or unforeseen) for death, personal injury, disease or property damage of any kind or nature including those arising out of, their negligence, omission or carelessness in the course of, my participation in this road race and all other events and activities associated with this race.
TCM Participation Agreements
I understand an Event may be cancelled or changed for any reason, including, without limitation, severe weather or other factors that threaten the safety of participants, staff, volunteers, or the community. Cancellation or change of the date, nature, or format of an Event may be mandated by government officials or otherwise be at the discretion of TCM. TCM reserves the right to change the details of the Event, such as date, start time, course, distance and/or amenities offered in connection with the Event. I agree that neither myself nor any affiliate of me will advertise or sell any products, services, or otherwise (whether or not for profit), or solicit others for any purpose, or use the race as a forum for commercial purposes of any kind whatsoever. I also agree to abide by the Rules of Competition as set forth by the Games Committee and understand that there may be course time limits in place after which the race course is reopened for regular motor vehicle use. I further grant permission to TCM and/or agents authorized by them to use any photographs, videotapes, motion pictures, recordings, or any other record of this event for any purpose without limitation or compensation.
I have read in entirety the foregoing agreement and acknowledge that I understand the associated risks, agreements, waivers, and releases therein. I certify my agreement by my signature below.