KENNEDY CATHOLIC 5K AND TURKEY BOWL WAIVER
FRIDAY NOVEMBER 28, 2014
PLEASE READ CAREFULLY BEFORE SIGNING
Adult: 18 Years or Older – Minor: Under 18 Years of Age at
Date of Event
LIABILITY RELEASE, INDEMNITY AND PROMISE NOT TO SUE:
For here after “Event” refers to:
KENNEDY CATHOLIC 5K AND TURKEY BOWL
I, the undersigned below, in consideration of my and/or my
child’s or ward’s participation in the above referenced event, and any related
activities (“Event”), wherever the/these Event(s) may occur, acknowledge that I
am aware that my or my child’s or ward’s participation in the Event may result
in risks, which among other things, include but are not limited to scrapes,
bruises, twisted ankles and various injuries to the body, including death and
heat and stress related issues, and I freely assume on my own and/or my child’s
or ward’s behalf all risks incidental to such participation. In consideration
of my and/or my child’s or ward’s participation in the Event and in my own
and/or my child’s or ward’s behalf, and on behalf of my and/or my child’s or
ward’s heirs, executors, administrators and next of kin, I hereby release,
covenant not to sue, and forever discharge the Released Parties (as defined
below) of and from all liabilities, claims, actions, damages, costs and
expenses of any nature arising out of, related to, or in any way connected with
my or my child’s or ward’s participation in the Event and/or any such related
and associated activities, and further agree to indemnify and hold each of the
Released Parties harmless from and against any and all such liabilities,
claims, actions, damages, costs and expenses including by way of example, but
not limited to, all attorneys’ fees, costs of court, and the costs and expenses
of other professionals and disbursements up through and including any appeal.
I, for myself and my child and/or ward, understand that this Release and
indemnity includes any claims based on the negligence, action or inaction of
any of the Released Parties and covers bodily injury (including, without
limitation, death), property damage, and loss by theft or otherwise, whether
suffered by me or my child or ward either before, during or after such
participation. I declare that I and (if participating) my child or ward are
physically fit and have the skill level required to participate in the Event
and/or any such related and associated activities. I further authorize medical
treatment for me and/or my child or ward, at my cost, if the need arises. For
the purposes hereof, the “Released Parties” are: Beaner Events LLC (dba Jump on
the WAGEN Productions), Kennedy Catholic High School, Brian
Duffy, Jack Duffy, Brendan Beyrer, and Jon Stellwagen and Event sponsors
together with their parent and the parent, subsidiary, affiliated and related
entities of each of them, and the trustees, officers, directors, employees, and
volunteers of any of them.
AUTHORIZATION AND RELEASE TO USE LIKENESS:
I further grant the Released Parties the right to photograph
and/or videotape me and/or my child or ward and further to display, use and/or
otherwise exploit my and/or my child’s or ward’s name, face, likeness, voice,
and appearance forever and throughout the world, in all media, whether now
known or hereafter devised (including, without limitation, in online web casts,
television, motion pictures, films, newspapers, and magazines) and in all forms
including, without limitation, digitized images, whether for advertising,
publicity, or promotional purposes, including, without limitation, publication
of Event results and standings, without compensation, reservation or
limitation.
This Waiver, Release, Promise not to Sue, Authorization and
Release to Use Likeness Form shall be governed by the laws of the State of New
York, and any legal action related to or arising out of this Form shall be
commenced exclusively in the Superior Court in and for Westchester County, New
York (or if the Superior Court shall not have jurisdiction over the subject
matter thereof, then to such other court sitting in Westchester County, New
York having subject matter jurisdiction). I certify I am eighteen (18) years of
age or older and, if I am executing this Waiver and Permission Form on behalf
of my child or ward, the information set forth above pertaining to my child or
ward is true and complete.
SEVERABILITY. If any provision of this Form shall be
unlawful, void, or for any reason unenforceable, then that provision shall be deemed
severable from this Form and shall not affect the validity and enforceability
of any remaining provisions.
I HAVE READ, UNDERSTOOD AND ACCEPT THE CONDITIONS OF THIS
(i) LIABILITY RELEASE, INDEMNITY, AND PROMISE NOT TO SUE, AND (ii)
AUTHORIZATION AND RELEASE TO USE LIKENESS.