PARTICIPANTS: READ THIS DOCUMENT CAREFULLY BEFORE ACCEPTING. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND WILL ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.
IN CONSIDERATION OF THE SERVICES PROVIDED BY ORCHARD STREET RUNNERS, PERSONAL RECORD ENDURANCE AND CD EVENTS LLC (HEREIN “ORGANIZERS”), THEIR OFFICERS, SPONSORS, EMPLOYEES, AGENTS AND VOLUNTEERS, I NOW AGREE AS FOLLOWS:
1. I acknowledge, and fully understand, that the FSN Half Marathon is an athletic event that is an extreme test of a person’s physical and mental limits and carries with it the potential for death, serious injury and property loss.
DESPITE THE POTENTIAL RISK OF HARM, I AM A VOLUNTARILY PARTICIPANT IN THE FSN HALF MARATHON EVENTS AND RELATED ACTIVITIES, AND BY AGREEING TO THIS WAIVER AND RELEASE, DO FREELY ACCEPT AND FULLY ASSUME RESPONSIBILITY FOR ALL SUCH DANGERS AND RISKS OF PERSONAL INJURY, DEATH, AND PROPERTY DAMAGE OR LOSS.
I acknowledge and fully understand that the danger and risk of serious injury, death or loss may result from my own actions, inactions, or negligence, OR the actions, inactions, or negligence of other participants, spectators, or the Organizers. The risks include, but are not limited to, those inherent in the nature of competitive running, those caused by terrain, facilities, temperature, weather, condition of athletes, lack of hydration, equipment, vehicular traffic, actions of other people including, but not limited to, participants, volunteers, spectators, coaches, event officials, and event monitors, and/or producers of the event, and those risks not now known nor reasonably foreseeable at this time.
THESE RISKS ARE NOT ONLY INHERENT TO ATHLETICS BUT ARE ALSO PRESENT FOR VOLUNTEERS. I HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING AND/OR VOLUNTEERING IN THIS EVENT.
2. I acknowledge and certify that I am at least 18 years old and I certify that I am physically fit, have sufficiently trained for participation in the event and have not been advised otherwise by a qualified medical person. I further certify that I have no medical or physical conditions that could interfere with my safety or the safety of others when participating in the FSH Half Marathon Events and activities.
3. I acknowledge that I HAVE READ THE RULES FOR EACH EVENT THAT I WILL PARTICIPATE IN and that the Rules, together with this Accident Waiver and Release of Liability form, will govern my actions and responsibilities at said
events.
I AGREE NOT TO TAKE ANY UNREASONABLE RISKS WHILE PARTICIPATING IN THE FSN HALF MARATHON EVENTS AND ACTIVITIES AND NOT TO EXPOSE ANY OTHER PARTICIPANTS OR SPECTATORS TO AN UNREASONABLE RISK OF HARM.
4. On behalf of myself, my executors, administrators, heirs, next of kin, successors, and assigns, I hereby voluntarily Waive, Release and forever Discharge from any and all liability for my death, disability, personal injury, property damage, property theft or actions of any kind which may hereafter accrue to me including my traveling to and from this event, the Organizers, their directors, officers, employees, volunteers, representatives, and agents, the event holders, event sponsors, event volunteers. I further agree to Indemnify and Hold Harmless the Organizers for any and all liability for any claim, demand, complaint or cause of action related to, or arising from, my participation in any FSN Half Marathon event or activities.
5. I hereby authorize the Organizers to administer basic First Aid and I consent to receive medical treatment that may be deemed advisable in the event of injury, accident, and/or illness during this event.
6. I understand that at the FSN Half Marathon events or related activities, I may be filmed or photographed. I agree to allow my photographic, video, or film likeness to be used for any legitimate purpose by the event holders, producers, sponsors, organizers, licensees and assigns. The Accident Waiver and Release of Liability is made and executed in the State of New York and shall be governed by, enforced in and construed in accordance with the laws of the State of New York. I hereby certify that I have read this document and that I understand its content. By agreeing to this document, I acknowledge that I have waived my right to maintain a lawsuit against the Organizers, Sponsors, their directors, officers, agents, licensees, or assigns arising from my participation in the FSN Half Marathon events and activities, my negligence, the negligence of the Organizers or other participants or any other acts or omissions of the Organizers, Sponsors, their directors, officers, agents, licensees, or assigns.
ASSUMPTION OF THE RISK. I acknowledge and understand the following:
1. Participation includes possible exposure to and illness from infectious diseases including but not limited to COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist;
2. I knowingly and freely assume all such risks related to illness and infectious diseases, such as COVID-19, even if arising from the negligence or fault of the Released Parties; and
3. I hereby knowingly assume the risk of injury, harm and loss associated with the FSN Half Marathon, including any injury, harm and loss caused by the negligence, fault or conduct of any kind on the part of the Released Parties.
MEDICAL ACKNOWLEDGMENT AND RELEASE. I acknowledge the health risks associated with the FSN Half Marathon, including but not limited to transient dizziness, lightheaded, fainting, nausea, muscle cramping, musculoskeletal injury, joint pains, sprains and strains, heart attack, stroke, or sudden death. I agree that if I experience any of these or any other symptoms during the FSN Half Marathon, I will discontinue my participation immediately and seek appropriate medical attention. I DO HEREBY RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ANY CLAIM WHATSOEVER WHICH ARISES OR MAY HEREAFTER ARISE ON ACCOUNT OF ANY FIRST AID, TREATMENT, OR SERVICE RENDERED IN CONNECTION WITH MY PARTICIPATION IN THE ACTIVITY.
As a participant, volunteer, or attendee, You recognize that your participation, involvement and/or attendance at any Orchard Street, Personal Record or CD Events LLC Event (“Activity”) is voluntary and may result in personal injury (including death) and/or property damage. By attending, observing or participating in the Activity, You acknowledge and assume all risks and dangers associated with your participation and/or attendance at the Activity, and You agree that: (a) Orchard Street Runners, Personal Record Endurance and CD Events LLC. (b) the property or site owner of the Activity, and (c) all past, present and future affiliates, successors, assigns, employees, volunteers, vendors, partners, directors, and officers, of such entities (subsections (a) through (c), collectively, the "Released Parties"), will not be responsible for any personal injury (including death), property damage, or other loss suffered as a result of your participation in, attendance at, and/or observation of the Activity, regardless if any such injuries or losses are caused by the negligence of any of the Released Parties (collectively, the "Released Claims"). BY ATTENDING AND/OR PARTICIPATING IN THE ACTIVITY, YOU ARE DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
I HAVE READ THE ENTIRE DOCUMENT, UNDERSTOOD IT, AND AGREE TO BE BOUND BY ITS TERMS.