Tropical 5K Classic
Assumption of Risk, Waiver of Liability, and Indemnity Agreement
PARTICIPANTS: READ THIS DOCUMENT CAREFULLY BEFORE SINGING. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND MAY ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS. ADULT PARTICIPANTS MUST SIGN THIS AGREEMENT TO PARTICIPATE IN THE TROPICAL 5K EVENT. MINORS MUST HAVE THEIR PARENT OR LEGAL GUARDIAN SIGN THIS AGREEMENT AS CONDITION FOR THE MINOR’S PARTICIPATION IN THE TROPICAL 5K.
Released Parties include: Tropical 5K Classic, Giuseppe Francioni, and their affiliates and their respective directors, officers, employees, agents, contractors, insurers, spectators, co-participants, equipment suppliers, and volunteers; equipment suppliers, and volunteers; event sponsors, organizers, promoters, directors, officials, property owners, and advertisers; governmental bodies and/or municipal agencies whose property and/or personnel are used; and any or all parent, subsidiary or a affiliate companies, licensees, officers, directors, partners, board members, supervisors, insurers, agents, equipment suppliers, and representatives of any of the foregoing.
Releasing Parties Include: The participant as well as participant’s spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on participant’s behalf.
______ Initial Warning of Assumption of Inherent Risks: The Tropical 5k Classic, (hereafter referred to as the Tropical) is meant to be a beneficial run/walk/race to take place in one place in one day. It is not a race against other contestants, but rather a competition with oneself and the course. The object is to complete the course. Venues are part of the challenge and may involve environments that might include heat or cold, snow, fire, mud, changes in elevation, and water. Some of the activities may include runs, military style obstacles, going through pipes, traversing cargo nets, climbing walls, encountering swimming in cold water, throwing or carrying or getting hit with heavy objects, and traversing muddy areas. In summation, Tropical is a hazardous activity that presents a physical and mental challenge to participants.
I acknowledge that Tropical is an extreme test of my physical and mental limits that carries with it inherent risks of physical injury. Inherent risks are risks that cannot be eliminated completely (without changing the challenging nature of the event) regardless of the care and precautions taken by Tropical and the other Released Parties. I also understand that Tropical is strenuous and further acknowledge the accompanying risks and dangers generally present in such activities. I understand that these hazards may be magnified due to the fact that the event is often conducted under what may be extreme conditions and circumstances.
I understand and acknowledge that the inherent risks include, but are not limited to: 1) contact or collision with persons or objects (e.g., collision with spectators or course personnel), contact with other participants, contact or collision with motor vehicles or machinery, and contact with natural or man-made fixed objects or obstacles); 2) encounter with obstacles (e.g., natural and man-made water, road and surface hazards, close proximity and/ or contact with open frames, pipes, rocks); 3) equipment related hazards (e.g., broken, defective or inadequate competition equipment, unexpected equipment failure, imperfect course conditions); 4) weather-related hazards (e.g., extreme heat, extreme cold, humidity, ice, rain, fog); 5) inadequate first aid and/or emergency measures; 6) judgment- and/or behavior-related problems (e.g., erratic or inappropriate co-participant or spectator behavior, erratic or inappropriate behavior by the participant, errors in judgment by personnel working the event; and 7) natural hazards (e.g. uneven terrain, rock falls, lightning strikes, earthquakes, wildlife attacks, contact with poisonous plants, marine life and/or ticks).
I further understand and acknowledge that any of these risks and others, not specially named, may cause injury or injuries that may be categorized as minor, serious, or catastrophic. Minor injuries are common and include, but are not limited to: scrapes, bruises, sprains, nausea, and cuts. Serious injuries are less common but do sometimes occur. They include but are not limited to: property loss or damage, broken bones, fractures, torn or strained ligaments and tendons, concussions, exposure, dehydration, heat exhaustion and other heat-related illnesses, mental stress or exhaustion, infection, vomiting, dislocations, hyperthermia, hypothermia, anemia, electrolyte imbalance, loss of consciousness, syncope, dizziness, fainting, seizures, electric shock and/or injury, and neurological disorders/pain. Catastrophic injuries are rare; however, we feel that our participants should be aware of the possibility. These injuries can include but are not limited to, permanent disabilities, stroke, single or multiple organ failure or dysfunction, physical damage to organs, spinal injuries, paralysis, heart attack, heart failure, blood cell disorder, brain swelling, and even death.
I understand that it is my responsibility to inspect the course, facilities, equipment, and areas to be used, and if I believe or become aware that any are unsafe or pose unreasonable risks, I agree to immediately notify appropriate personnel. By participating in the event, I am acknowledging that I have found the course, facilities, equipment, and areas to be used to be safe and acceptable for participation. I accept full and sole responsibility for the condition and adequacy of my equipment.
_______ Initial I understand fully the inherent risks involved in the Tropical event and assert that I am willingly and voluntarily participating in the event. I have read the preceding paragraphs and acknowledge that 1) I know the nature of the Tropical event; 2) I understand the demands of this activity relative to my physical condition; and 3) I appreciate the potential impact of the types of injuries that may result from the Tropical event. I hereby assert that I knowingly assume all of the inherent risks of the activity and take full responsibility for any and all damages, liabilities, losses, medical or any and all other expenses that I incur as a result of participating in the Tropical event. In short, I acknowledge that I am participating in the Tropical event entirely at my own risk.
________ Initial Waiver of Liability for Ordinary Negligence: To the extent permitted by law I agree that under this agreement Tropical and the other Released Parties shall be excluded from liability for ordinary negligence in the conduct of the Tropical event and the Released Parties shall be excluded from liability under any civil liability or consumer law applicable to the State in which this event is held subject to the exception that this exclusion of liability will not apply in circumstances where the conduct of Tropical or its officers, servants or agents is reckless. In consideration of being permitted to participate in the Tropical event, to the extent permitted by law, I (on behalf of the Releasing Parties)hereby forever waive, release, covenant not to sue, and discharge Tropical and the other Released Parties from any and all claims, actions, suits, demands, losses and other liabilities in relation to any of death, physical or mental injury (including the aggravation, acceleration or occurrence of such an injury), the contraction, aggravation or acceleration of a disease or the coming into existence, the aggravation, acceleration or occurrence of any other condition, circumstance, occurrence, activity, form of behavior, course of conduct or state of a airs in relation to an individual that is or may be harmful or disadvantageous to me or the community or that may result in harm or disadvantage to me or the community resulting from the INHERENT RISKS of the Tropical event or the ORDINARY NEGLIGENCE of Tropical (or other Released Parties) that I may have arising out of my participation in the Tropical event.
______ Initial Indemnification Agreement: To the extent permitted by law, I hereby agree to hold harmless, defend, and indemnify (which for the avoidance of doubt includes defending and paying any judgment, court costs, investigation costs, attorney’s fees, and any other expenses incurred that relate to a breach of this contract) Tropical (and the other Released Parties) from any and all claims made by me (or any Releasing Party) arising from death, physical or mental injury (including the aggravation, acceleration or occurrence of such an injury), the contraction, aggravation or acceleration of a disease or the coming into existence, the aggravation, acceleration or occurrence of any other condition, circumstance, occurrence, activity, form of behavior, course of conduct or state of a airs in relation to an individual that is or may be harmful or disadvantageous to me or the community or that may result in harm or disadvantage to me or the community due to my participation in the Tropical event. This applies both to claims arising from the inherent risks of the Tropical event or the ordinary negligence of Tropical (or any Released Parties).
I further agree to hold harmless, defend, and indemnify (which for the avoidance of doubt includes defending and paying any judgment, court costs, investigation costs, attorney’s fees, and any other expenses incurred that relate to a breach of this contract) Tropical (and the other Released Parties) against any and all claims of co- participants, rescuers, and others arising from my conduct in the course of my participation in the Tropical event.
______ Initial Other Agreements:
Venue and Jurisdiction: I understand that if that if Mediation and Arbitration prove unsuccessful and legal action is brought, the appropriate venue shall be the Court of Common Pleas of Allegheny County, Pennsylvania.
Severability: I understand and agree that this Assumption of Risk, Waiver of Liability, and Indemnification Agreement is intended to be as broad and inclusive as is permitted by the State or Territory in which the Tropical event is held and that if any provision shall be found to be
unlawful, void, or for any reason unenforceable, then that provision shall be severed from this Agreement and does not affect the validity and enforceability of any remaining provisions. Furthermore, notwithstanding anything to the contrary contained within this Agreement, this Agreement will not be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application in relation to the supply of any services pursuant to this Agreement of any provision of any Act of the Commonwealth of Pennsylvania or of any State or Territory of the Commonwealth of Pennsylvania which by law cannot be excluded, restricted or modified.
Integration: I affirm that this agreement supersedes any and all previous oral or written promises or agreements. I understand that this is the entire Agreement between me and Tropical and cannot be modified or changed in any way by representations or statements by any agent or employee of Tropical. This Agreement may only be amended by a written document duly executed by all parties.
Mediation and Arbitration: In the event of a legal issue, I agree to engage in good faith efforts to mediate any dispute that might arise. Any agreement reached will be formalized by a written contractual agreement at that time. Should the issue not be resolved by mediation or otherwise unresolved within sixty (60) days of Tropical being notified by you of such issue, I agree that all disputes, controversies, or claims arising out of my participation in the Tropical shall be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association. The cost of such action shall be shared equally by the parties.
Class Actions: I agree that any arbitration, mediation or legal action shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties.
______ Initial Agreements for the Protection of Participants:
- I assert that I am in good health and in proper physical condition to safely participate in the Tropical event.
- I certify that I have no known or knowable physical or mental conditions that would affect my ability to safely participate in the Tropical event, or that would result in my participation creating a risk of danger to myself or to others.
- I acknowledge that Tropical recommends and encourages each client to get medical clearance from his/her personal physician prior to participation.
- I assert that I have not been advised or cautioned against participating by a medical practitioner.
- I understand that it is my responsibility to continuously monitor my own physical and mental condition during the Course, and I agree to withdraw immediately and to notify appropriate personnel if at any point my continued participation would create a risk of danger to myself or to others.
- I attest that I am covered by medical insurance.
- In the event of an injury to me that renders me unconscious or incapable of making a medical decision,
- I authorize appropriate Tropical personnel and emergency medical personnel at the event to make emergency medical decisions on my behalf (including, but not limited to CPR and AED).
- I authorize Tropical to secure emergency medical care or transportation (i.e., EMS) when deemed necessary by Tropical.
- I agree to assume all costs of emergency medical care and transportation.
- I acknowledge that Tropical has instituted its rules for the protection of the participant and co-participants.
- I agree to familiarize myself with those rules and follow them throughout the event. I also recognize the authority of Tropical to halt my participation (and, if necessary, have me removed from the premises) if my participation, conduct, or presence endangers myself or my co-participants.
Entry and Participation Agreements
Rules: I agree to become familiar with and abide by all written and/or posted rules of Tropical as well as all written and/or posted rules of the Venue. I further agree to comply with all directions, instructions and decisions of Tropical and Venue personnel. I further agree not to challenge these rules, directions, instructions, or decisions on any basis at any time.
Emergency Delay or Cancellation: I acknowledge that Tropical at its sole discretion may delay, modify, or cancel the Tropical event if conditions or natural or man-made emergencies make administering the event unreasonably difficult or unsafe. I agree that “emergency” is designed to mean any event beyond the control of Tropical, including but not limited to: high wind, extreme rain or hail, hurricane, tornado, earthquake, flood, acts of terrorism, re, threatened or actual strike, labor difficulty or work stoppage, insurrection, war, public disaster, and unavoidable casualty. In the event of a delay, modification, or cancellation of the Tropical event as described in this paragraph, I understand that I will not be entitled to a refund of my entry fee or any other costs incurred in connection with the Tropical event.
Govern Participation: I understand that Tropical has the authority to issue instructions or directions relating to the manner of my safe participation in the Course or Related Activities and the authority to halt my participation in the Course or Related Activities at any time they deem it necessary to protect the safety of participants, spectators, and personnel; and/or promote fairness and the spirit of Tropical.
Removal from Course: I understand that Tropical and Venue personnel may immediately cause anyone who disobeys any rules, directions, instructions, decisions, or laws, or whose behavior endangers safety or negatively affects a person, facility, or property of any type or kind, to be removed from the Course.
Fee Refunds: I understand that all fees and associated costs (including optional product purchases, spectator tickets, and donations), paid in registration for this Tropical event are not refundable for any reason under any circumstances, including but not limited to injury, a scheduling conflict, and/or event cancellation.
Attitude and Behavior: I also agree to exhibit appropriate behavior at all times; demonstrate respect for all people, equipment, and facilities; and participate with a cooperative and positive attitude.
Alcohol & Drugs: I certify that I am not, and on the date of the Tropical event will not be, under the influence of alcohol or any non-prescription drugs that would in any way impair my ability to safely participate in the Tropical event. I further understand that the consumption any alcohol and any illicit or illegal drugs or substances during the event is strictly prohibited. Tropical and its affiliates will only allow the responsible consumption of alcohol after the Tropical event. The consumption of any illicit or illegal drugs or substances before, during, and after the Tropical event is strictly prohibited. I agree to take full responsibility for any alcohol consumption at the Event.
Specific Rules: I specifically acknowledge and agree to abide by the following rules: 1) no urination or defecation is permitted outside of designated areas; 2) no wheeled conveyances or pets are allowed in the Course at any time; 3) no clothing, props or equipment that pose an unnecessary risk to participants, spectators or personnel are permitted; and 4) obey civil and criminal laws including traffic laws.
Photography: I understand that any and all photographs, motion pictures, recordings, and/or likenesses of me captured during the Tropical event by Tropical, it affiliated entities or contractors, and/or the media become the sole property of Tropical. I grant the right, permission and authority to Tropical and its designees to use my name and any such photographs, motion pictures, recordings, and/or likenesses for any legitimate purpose, including but not limited to promoting, advertising, and marketing activities. I further understand that Tropical and its designees have the full right to sell and/or pro t from the commercial use of such photographs, motion pictures, recordings, and/or likenesses.
Majority Age: I affirm that I have reached majority age or am signing as a parent or legal guardian of the individual who is under majority age. Majority age is 18 in all States.
Acknowledgment of Understanding: I have read this Assumption of Risk, Waiver of Liability, and Indemnification Agreement and fully understand its terms. I understand that I am giving up substantial rights, including my right to sue. I further acknowledge that I am signing the agreement freely and voluntarily and intend my signature to be a complete and unconditional release of all liability due to ORDINARY NEGLIGENCE of Tropical (and other Released Parties) or the INHERENT RISKS of the activity, to the greatest extent allowed by the laws in force of the Commonwealth of Pennsylvania.