KENTUCKY WESLEYAN COLLEGE RUN WAIVER, RELEASE OF LIABILITY, INDEMNIFICATION &CONSENT AGREEMENT
I, the undersigned, know that participating in any physical fitness program can be a potentially hazardous activity. I understand that I should not undertake this run challenge unless I have consulted a physician about my medical fitness to undertake this run.
I understand that there are certain risks, including but not limited to bodily Injury or death, Inherent in participating in physical fitness activities, and I assume all risks associated with participating in the KWC run. Examples of such risks include, but are not limited to, equipment conditions leading to injury, falls, being struck by a vehicle, heart attack, stroke, death, exercise-induced asthma, strains and sprains, broken bones, frostbite, hypothermia, overheating and Injuries or illness as a result of contact with other participants.
I understand that participation In the KWC run is completely voluntary, and I have the right to decline to participate. I do hereby give my full consent to participate In the KWC run.
I further understand that the Sponsors will not provide any form of medical or other insurance for this run and that any expenses Incurred as a result of any illness, Injury or death sustained from participating in the KWC run shall not be the responsibility of the Sponsors, their affiliates, subsidiaries, officers. directors, employees or agents. In consideration of the opportunity to participate in the KWC run, I, for myself and my heirs, legal representatives, agents, successors, and assigns, release and absolve the Sponsors and their affiliates, subsidiaries, officers, directors, employees. or agents from any and all liability, loss, demands, damages, costs, expenses, claims, actions, or causes of action for bodily injuries, death, or property damage arising out of or resulting from my participation in this challenge, whether arising In tort or contract or other legal theory and at law or in equity, including, but not limited to, claims for negligence, damage(s) to person or property, compensatory or punitive damages, lost wages, equitable relief, attorneys fees and costs.
In further consideration of the opportunity to participate in the KWC run, I, on behalf of myself and my heirs, legal representatives, agents, successors, and assigns, agree to indemnify and hold harmless the Sponsors and their affiliates, subsidiaries, officers, directors, employees, or agents from and against any liability, toss, demand, damage, cost, claim, action, cause of action, judgment or settlement which might be brought or entered against them as a result of my participation in the challenge. This indemnification shall include attorneys' fees incurred in defending against any claim or Judgment and Incurred in negotiating any settlement.
I expressly agree that this Waiver, Release of Liability, Indemnification and Consent Agreement is intended to be as broad and Inclusive as permitted by the law of the Commonwealth of Kentucky, and that if any portion of it Is held Invalid, I agree that the balance shall, notwithstanding, continue in full legal force and effect. This Waiver, Release of Liability, Indemnification and Consent Agreement contains the entire agreement among the parties hereto as to Its subject matter. If I am signing on behalf of my child or ward, I agree that all of the above terms apply to the child or ward fully.
Coronavirus disease (COVID-19) is an infectious disease. Most people infected with the COVID-19 virus will experience mild to moderate respiratory illness but some people, especially those who are older or have underlying medical problems, are more likely to develop serious illness and even death.
KWC has taken reasonable steps to implement recommended guidance and protocols issued by public health agencies for slowing the transmission of COVID-19. I agree to follow all KWC rules, including but not limited to the following:
a. I shall maintain social distancing of at least 6 feet per person.
b. I shall regularly and thoroughly clean my hands with an alcohol-based hand rub or wash them with soap and water, and avoid touching my face while at KWC
c. I shall not participate in the KWC run if:
1. experience symptoms of COVID-19, including, without limitation, fever, cough or shortness of breath,
11. have a suspected or diagnosed/confirmed case of COVID-19, or
111. have been exposed to any person who has a suspected or confirmed case of COVID-19 in the last 14 days.
I agree to notify KWC immediately if l believe that any of the foregoing access/use restrictions may apply.
KWC may revise its rules at any time based on updated recommended guidance and protocols issued by public health agencies.
KWC has a right to deny me, my guest or my child, in its sole discretion, the opportunity to participate in, or to terminate such participation in, any KWC Health and Fitness Improvement Activities at any time it appears that me, my guest or my child are not following the rules or are exposing ourselves, others or the property of KWC to excessive risk.
I fully understand and appreciate both the known and potential risks of participation in Health and Fitness Improvement Activities, including a greater risk of exposure to COVID-19 as well as other communicable diseases, despite KWC reasonable efforts to mitigate such risks. I understand such exposure could result in quarantine requirements, serious illness, disability, and/or death.
Notwithstanding the risks, which I readily acknowledge, I hereby willingly choose to participate in Health and Fitness Improvement Activities and agree to assume any risks resulting from my participation.
In consideration for being allowed to participate in KWC Health and Fitness Improvement Activities, in addition to the payment of any fee or charge, I WAIVE, RELEASE AND FOREVER DISCHARGE KWC, the corporation that owns KWC, and any affiliated companies, and any of their respective officers, directors, agents, contractors, employees and other KWC members (the "Released Parties") from any and all claims, demands, losses, injuries, damages, actions or causes of action for personal or bodily injury, illness, death or property damage (the "Claims") related to the participation of me, my guest, or, if applicable, my child, in KWC Health and Fitness Improvement Activities, whether or not the Claims are caused by the negligence or other fault of the Released Parties.
I SHALL INDEMNIFY AND SAVE AND HOLD HARMLESS the KWC and the Released Parties, for any loss I, my guest or my child cause for which KWC is accused or held liable, including reasonable attorneys' fees. I agree to assume responsibility and liability for any personal injury or property damage I, my child or my guest, cause any other member or guest, or to their property.
Each term and provision of this WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT ("Agreement") is intended to be severable. If any term or provision of this Agreement is determined by a court of competent jurisdiction to be illegal, invalid or unenforceable for any reason whatsoever, such provision shall be stricken from this Agreement and shall not affect the legality, validity or enforceability of the remainder of this Agreement. The laws of the Commonwealth of Kentucky shall apply to the interpretation and enforcement of this Agreement.
I HAVE READ THIS WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT AND AGREE TO ITS TERMS BY SIGNIFYING BELOW WHERE INDICATED. If this is a family membership and a member of my family is a minor (under age 18), I represent that I am the parent or legal
guardian of said minor and that I have authority to sign this Agreement on the minor child's behalf.
Further, I grant permission to all the foregoing to use my name, voice and images of myself in any photographs, motion pictures, results, publications or any other print, video graphic or electronic recording of this event for legitimate purposes.
This event follows the standard running industry policy: All entry fees are non-refundable. We reserve the right to postpone or cancel the event due to circumstances beyond our control such as a natural disaster or emergency or as required to protect the safety of participants and staff. No refunds will be issued under these circumstances. We reserve the right to change the details of the event without prior notice. I understand that my entry fee is nonrefundable and bib numbers are non -transferable.
By submitting this entry, I acknowledge (or a parent or adult guardian for all children under 18 years) having read and agreed to the above release and waiver including the no refund policy.