MOUSTACHE RUN (the
“Event”) – NOVEMBER 29, 2014 - MINNEAPOLIS, MN
PLEASE READ
CAREFULLY BEFORE SIGNING
THIS IS A RELEASE OF LIABILITY AND WAIVER/GRANT OF CERTAIN LEGAL RIGHTS.
As lawful consideration for being permitted by Moustache Run, LLC and/or any
of its affiliated organizations to participate in athletic activities during Moustache
Run (hereby referred to as the “Event”, I acknowledge, appreciate, and agree
that:
1. I am eighteen (18) years old or
older; or have below signed permission from a parent or guardian (minors under
18 years of age) to participate.
2. I freely accept and voluntarily ASSUME ALL RISKS OF PERSONAL INJURY
OR DEATH or property damage which results in any way from factors
including, but not limited to: negligence of persons; conditions on or about
the premises and facilities; the operation of the equipment; transportation;
any other operations associated with the Event; actions or omissions of
employees or agents of Moustache Run, LLC, actions or omissions of the owners
and lessors of the premises used to conduct the Event, or actions or omissions
of other participants, pedestrians or spectators; and
3. I understand that the activities involved in the Event are physically and
mentally intense and acknowledge that I am physically fit and sufficiently
trained for such activities. I understand the rules of play and will comply
with all such rules and regulations; and
4. I release and indemnify Moustache Run, LLC, the owners and lessors of the
premises used to conduct the Event, their respective parents, subsidiaries and
affiliates, their respective officers, directors, agents, servants, and
employees, of and from any liability, claims, demands, actions and causes of
action whatsoever arising out of or related to any loss, damage or injury,
including death, that may be sustained by me while participating in the Event,
including, but not limited to, those injuries and damages caused by the
negligence and or breach of warranty, express or implied, on the part of Moustache
Run, LLC ; and
5. By execution of this release, Moustache Run, LLC and the owners and lessors
of the premises used to conduct the Event shall be indemnified by me for any
injury to other person(s) or property, which I may cause as a result of my
participation in the Event; and
6. I authorize any employee or agent of Moustache Run, LLC or the owners and
lessors of the premises used to conduct the Event and/or its authorized
personnel to call for medical care for me or to transport me to a medical
facility or hospital if, in the opinion of such personnel, medical attention is
needed. I agree that upon my transport to any such medical facility or
hospital, Moustache Run, LLC and the owners and lessors of the premises used to
conduct the Event shall not have any further responsibility for me. Further, I agree
to pay all costs associated with such medical care and related transportation
provided for me and shall indemnify and hold Moustache Run, LLC and the owners
and lessors of the premises used to conduct the Event harmless of and from any
costs incurred therein; and
7. I give consent to Moustache Run, LLC, its agents and representatives, to
disclose medical information related to me pertaining to my health and
well-being. I understand that disclosures to the media will be limited to the
status of injuries and the ability to participate in athletic competition; and
8. I grant, in perpetuity [or for a period of at least fifty (50) years] to Moustache
Run, LLC, its parent, subsidiaries, related companies, licensees, successors
and assigns and authorized photographers acting on their behalf, the right to
create, use, publish and obtain copyright in my Photograph(s) (which term shall
include all video, motion, still, graphics or digital images or images in any
media or form, as well as my name, voice, picture, portrait or likeness) that
are made in connection with the Event, in all media (whether motion picture,
radio, or any form of television) and for all purposes; and
9. I agree that all Photographs, and all copyright in same taken and/or used by
or on behalf of Moustache Run, LLC are owned by Moustache Run, LLC. If I should
receive any print, negative, tape or other copy thereof, I shall retain it for
my personal use only, and shall not license or authorize its use by anyone
else, for commercial or private purposes. I agree that I have no right of
approval and no advertisement or other material need be submitted to me for any
further approval. I further agree that Moustache Run, LLC has the right to make
modifications, derivative works, composites, variations and any other use it
wishes of the Photographs, and has no responsibility or liability to me for any
such use or resulting publication of my Photograph. Nothing herein constitutes
any obligation of or promise by Moustache Run, LLC to make use of any
Photographs;
10. In the event that any section of this release, including all waivers and
grants, is found to be unenforceable, the remaining terms shall be fully
enforceable; and
11. This release, including all waivers and grants, shall be binding to the
fullest extent permitted by law; and
12. This release, including all waivers and grants, shall be binding upon my
assignees, subrogors, distributees, heirs, next of kin, executors, personal
representatives, and administrators and may be pled by Moustache Run, LLC and
the owners and lessors of the premises used to conduct the Event as a complete
bar and defense against any claim, demand, action or causes of action by or on
behalf of myself.
I HAVE CAREFULLY READ
THE FOREGOING LIABILITY RELEASE, INCLUDING ALL WAIVERS AND GRANTS, UNDERSTAND
ITS CONTENTS AND SIGN IT OF MY OWN FREE WILL AND WITH FULL KNOWLEDGE OF ITS
SIGNIFICANCE. I HAVE BEEN ADVISED THAT I
MAY SEEK MY OWN LEGAL COUNSEL IN REVIEWING THIS RELEASE.