PARTICIPATION WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
In consideration of my being permitted to participate in the Friends of Kensico Cemetery 5K Run/Walk at Kensico Cemetery which will take place on October 27th, 2024 (hereafter referred to as “the Event”), I agree to the following waiver and release:
I acknowledge that participation in a foot race, including travel to and from the event, lingering among the crowd in the vicinity of the event, and its various attractions involves certain inherent risks, hazards, and dangers.
I understand that these risks, hazards, and dangers include, but are not limited to risks arising from running or walking along the Event route, which may include uneven terrain, and that injuries may include physical contact with other participants or persons along the Event route, the effects of the weather, including high heat and/or humidity, loss of consciousness, heart attacks, slips or falls with resultant abrasions, contusions, sprains or broken bones. I understand that bicycles, skateboards, baby joggers, roller skates, roller blades, and personal music players are not allowed at the Event and I will abide by all Event rules.
I attest that I am, or my minor child is, voluntarily participating in the Event with full knowledge of the inherent risks, hazards, and dangers involved and hereby assume and accept any and all risks of injury or death and agree that I or my child will abide by all rules, regulations, and guidelines governing the Event as promulgated by Friends of The Kensico Cemetery, Inc., the Event organizers or representatives of The YMCA of Central and Northern Westchester.
I represent that I am over the age of eighteen years, am physically fit, properly trained, and that a licensed Medical Doctor has verified that I have no medical conditions that should prohibit me from safely participating in the Event. If I am signing this Waiver on behalf of my child, I represent that my child is physically fit and properly trained and that a licensed Medical Doctor has verified that my child has no medical conditions which should prohibit my child from safely participating in the Event.
I, for myself or my minor child, my or my child‘s heirs, successors, executors, administrators, personal representatives, and assigns, hereby knowingly and intentionally waive, release, and discharge, and agree to hold harmless and indemnify, Friends of The Kensico Cemetery and The Kensico Cemetery and/or its directors, officers, employees, members and operators, The YMCA of Central and Northern Westchester, their directors, officers, employees, members, volunteers, sponsors, and their representatives, of and from any and all liability, claims, actions, liabilities, suits, expenses (including reasonable attorney’s fees) and possible causes of action (including negligence), damages or injuries (including personal injury, death or property damage) whatsoever, that may be sustained by me or my minor child, and my or my minor child’s property arising out of or related to my participation in the Friends of Kensico Cemetery 5K Event and activities.
The Event is a third-party fundraising event which is being run by volunteers to benefit the Friends of The Kensico Cemetery and the YMCA of Central and Northern Westchester. I understand that Friends of The Kensico Cemetery reserves the right to remove anyone from the Event at any time, for any reasonable cause.
Further, I hereby grant full permission to any and all of the foregoing released persons or entities to use photographs, videotapes, motion pictures, recordings, or any other record of my or my minor child’s participation in this event for any legitimate purpose.
I have carefully read, clearly understand, and voluntarily sign this waiver and release agreement.