GENERAL RELEASE, WAIVER OF LIABILITY AND PARTICIPATION AGREEMENT ALL PARTICIPANTS IN MARATHONS, RACES OF OTHER DISTANCES AND RELATED EVENTS (EACH AN "EVENT") CONDUCTED BY KIWANIS AND/OR KIWANIS CLUB OF CENTENNIAL HILLS ARE REQUIRED, AS A CONDITION OF PARTICIPATION IN SUCH EVENT, TO ASSUME ALL RISKS OF PARTICIPATION BY INITIALING BELOW. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS TO RECOVERY SHOULD YOU BE INJURED IN THE EVENT. PLEASE READ IT CAREFULLY. The undersigned athlete (Athlete) on behalf of himself/herself acknowledge that he/she is aware of the inherent risks involved in a strenuous and hazardous athletic event of these types, and voluntarily assumes these risks. Athlete attests and verifies that he/she is physically fit, that he/she has sufficiently trained for the completion of the Events in which he/she participates, and that his/her physical condition has been verified by a medical doctor. Athlete warrants that all statements made herein are true and correct and understands that the Released Parties identified below will rely on them in allowing my participation in the Events. The undersigned athlete ("Athlete") on behalf of himself/herself and on behalf of Athletes personal representatives, assigns, heirs, executors, and successors hereby fully and forever releases, waives, and discharges KIWANIS CLUB OF CENTENNIAL HILLS, any companies or individuals contracted by KIWANIS CLUB OF CENTENNIAL HILLS to carry out specific duties related to the Event, the city(ies), county(ies) and state(s) hosting the Event, all municipal agencies whose property and/or personnel are used or in any way assist the Event, and/or all sponsoring and co-sponsorsing companies or individuals related to the Event, together with their officers, directors, shareholders, successors and assigns, (collectively Releasees) from all liability to the Athlete and his/her personal representatives, assigns, heirs, executors, and successors for any and all loss(es), damage(s) and any and all claims or demands therefore, on account of injury to Athlete, his/her property or resultant death, whether caused by the active or passive negligence of all or any of the Releasees or otherwise, in connection with Athletes participation in the Event. Athlete acknowledges that he/she is aware of the inherent risks involved in a strenuous and hazardous athletic event of these types, and voluntarily assumes these risks. Athlete attests and verifies that he/she is physically fit, that he/she has sufficiently trained for the completion of the Events in which he/she participates, and that his/her physical condition has been verified by a medical doctor. Athlete hereby assumes all risks of loss(es), damage(s), or injury(ies) that may be sustained by him/her while participating in the Event. Athlete acknowledges that the RELEASED PARTIES MAKE NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE EVENTS and agree that the Released Parties will not under any circumstance be liable for direct or indirect, actual or consequential, special or any other damages. I acknowledge that this General Release & Waiver of Liability and Participation Agreement will be used by the Released Parties and that it governs the legal rights and responsibilities of both me and the Released Parties. Athlete hereby grants to KIWANIS CLUB OF CENTENNIAL HILLS worldwide right in perpetuity to use his/her name, voice, and/or image in any media or other account of the Events in any form and for any purpose, without compensation or approval. Athlete acknowledges that the entry fee paid is non-refundable and non-transferreable. Further, KIWANIS CLUB OF CENTENNIAL HILLS reserves the right to reject any entry, and further reserves the right to change the details of the Events and/or cancel the Events without prior notice. Athlete acknowledges and agrees that KIWANIS CLUB OF CENTENNIAL HILLS, in its sole discretion, may delay or cancel the Event if it believes the conditions on the race day are unsafe. In the event the Event is delayed or cancelled for any reason, including but not limited to: fire, threatened or actual strike, labor difficulty, work stoppage, insurrection, war, public disaster, flood, unavoidable casualty, acts of God or the elements (including without limitation, rain, hail, hurricane, tornado, earthquake), or any other cause beyond the control of KIWANIS CLUB OF CENTENNIAL HILLS, there shall be no refund of the entry fee or any other costs of Athlete in connection with the Event. The Athlete hereby grants to any medical personnel and/or medical volunteers of the Event ("Event medical personnel"), and his/her agents, affiliates and designees, access to all medical records (and physicians) as needed and authorizes medical treatment as needed. Athlete understands that he/she has the right to refuse medical care and advice of the Event medical personnel and representatives; if Athletes medical condition becomes such that the Athletes mental capacity is questioned, the Event medical personnel has the right to recommend and initiate treatment of Athlete. It is understood and agreed that Athlete hereby assumes liability for any and all medical expenses incurred as a result of training for and/or participation in the Event, including but not limited to ambulance transport, hospital stays, physician and pharmaceutical goods and services. Athlete warrants that all statements made herein are true and correct and understands the Releasees have relied upon them in allowing Athlete to participate in the Event. ATHLETE HAS READ THE FOREGOING AND INTENTIONALLY AND VOLUNTARILY AGREES TO THIS GENERAL RELEASE AND WAIVER OF LIABILITY AND PARTICIPATION AGREEMENT. IF ATHLETE IS UNDER AGE 18 HIS/HER PARENT OR GUARDIAN MUST READ AND AGREE TO THIS RELEASE AND WAIVER AGREEMENT ON BEHALF OF THE ATHLETE. Athletes Parent or Guardians initials below certifies that my son/daughter/ward has my permission to participate in the Event. Athletes Parent/Guardian has read and understands the foregoing RELEASE AND WAIVER OF LIABILITY AGREEMENT (above) and by signing intentionally and voluntarily agrees to its terms and conditions. Athletes Parent/Guardian further certifies that my son/daughter/ward is in good physical condition and is able to safely participate in the Event. I hereby authorize medical treatment for him/her and grant access to my childs medical records as necessary and as stated above.
