IN CONSIDERATION of Mount of Olives
Baptist Church and Festival 5.1k allowing me to participate in this USATF
sanctioned event (the “Event” or “Events”); I, for myself, and on behalf
of my spouse, children, parents, guardians, heirs and next of kin, and any
legal and personal representatives, executors, administrators, successors and
assigns, hereby agree to and make the following contractual representations
pursuant to this Waiver and Release of Liability, Assumption of Risk and
Indemnity Agreement (the “Agreement”);
1.
I hereby represent
that (i) I am in good health and in proper physical condition to participate in
the Event; and (ii) I am not under the influence of alcohol or any illicit or
prescription drugs which would in any way impair my ability to safely
participate in the Event. I agree that
it is my sole responsibility to determine whether I am sufficiently fit and
healthy enough to participate in the Event.
2.
I understand and
acknowledge the physical and mental rigors associated with running, walking, or
other physical activity, and realize that such Events may be dangerous and
represent an extreme test of a person’s physical and mental limits. I understand that participation involves
risks and dangers which include, without limitation, the potential for serious
bodily injury, permanent disability, paralysis and death; loss or damage to
property; exposure to extreme conditions and circumstances; accidents, illness,
contact or collision with other participants, spectators, vehicles or other
natural or manmade objects; dangers arising from adverse weather conditions;
imperfect course conditions; water, road and surface hazards; inadequate safety
measures; participants of varying skill levels; situations beyond the immediate
control of the Event Organizers; and other undefined harm or damage which may
not be readily foreseeable, and other presently unknown risks and dangers
(“Risks”). I understand that these Risks may be caused in whole or in part by
my own actions or inactions, the actions or inactions of others participating
in the Event, or the acts, inaction or negligence of the Released Parties
defined below, and I hereby expressly assume all such Risks and responsibility
for any damages, liabilities, losses or expenses which I incur as a result of
my participation in the Event.
3.
I agree to be
familiar with and abide by the Rules and Regulations established for the Event,
including but not limited to the Competitive Rules adopted by USATF. I also accept sole responsibility for my own
conduct and actions while participating in the Event.
4.
I grant permission
to the Event Organizers to use my name and images of myself in any photographs,
motions pictures, results, publications or any other print, videographic or
electronic record of this event for legitimate purposes.
5.
I hereby Release,
Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold
Harmless the following parties: Mount of
Olives Baptist Church, the Event Organizers and Promoters, Race Directors,
Sponsors, Advertisers, City of Duluth, Local Organizing Committees, Venues and
Property Owners upon which the Event takes place, Law Enforcement Agencies and
other Public Entities providing support for the Event, and each of their
respective parent, subsidiary and affiliated companies, officers, directors,
partners, shareholders, members, agents, employees and volunteers (Individually
and Collectively, the “Released Parties” or “Event Organizers”), with
respect to any liability, claim(s), demand(s), cause(s) of action, damage(s),
loss or expense (including court costs and reasonable attorneys fees) of any
kind or nature (“Liability”) which may arise out of, result from, or
relate to my participation in the Event, including claims for Liability caused
in whole or in part by the negligence of the Released Parties. I further agree that if, despite this
Agreement, I, or anyone on my behalf, makes a claim for Liability against any
of the Released Parties, I will indemnify, defend and hold harmless each of the
Released Parties from any such Liability which any may be incurred as the
result of such claim.
I hereby warrant that I have read this Agreement
carefully, understand its terms and conditions, acknowledge that I will be
giving up substantial legal rights by signing it (including the rights of the
minor, my spouse, children, parents, guardians, heirs and next of kin, and any
legal and personal representatives, executors, administrators, successors and
assigns), acknowledge that I have signed this Agreement freely and voluntarily,
without any inducement, assurance or guarantee, and intend for my signature to
serve as confirmation of my complete and unconditional acceptance of the terms,
conditions and provisions of this Agreement. This Agreement represents the
complete understanding between the parties regarding these issues and no oral
representations, statements or inducements have been made apart from this
Agreement. If any provision of this Agreement is held to be unlawful, void, or
for any reason unenforceable, then that provision shall be deemed severable
from this Agreement and shall not affect the validity and enforceability of any
remaining provisions.
As the Parent and/or Legal Guardian to the minor identified
above, I hereby accept and agree to all of the terms and conditions of this
Agreement in connection with the minor’s
participation in the Event(s). If, despite this Agreement, I, or anyone on the
minor’s behalf, makes a claim for Liability against any of the Released
Parties, I will indemnify, defend and hold harmless each of the Released
Parties from any such Liabilities which any may be incurred as the result of
such claim.