I have voluntarily elected to
participate in a Cleveland West Road Runners Club event (the “Event”). In
consideration for being allowed to participate in the Event, I represent,
acknowledge and agree as follows:
GENERAL RELEASE I acknowledge and agree that this Waiver, Release and
Assumption of the Risk Agreement (“Agreement”) covers and is intended to
release and provide other benefits, legal protections, and consideration to
Cleveland West Road Runners Club, and its respective and collective agents, officers,
affiliates, volunteers, members, sponsors, and all other persons or entities
acting in any capacity on its respective or collective behalf (collectively,
“CWRRC”).
RELEASE OF POTENTIAL INJURIES
I acknowledge and agree that there are
inherent risks and hazards associated with participating in the Event and that
physical exercise can be strenuous and subject the participant to a number of
serious risks. These risks include serious physical or emotional injury,
illness, paralysis, death, damage to myself, and/or third parties, and damage
to personal property of any or all such persons. I understand that such risks
cannot be eliminated, and I further agree that my participation in the event is
for recreational purposes and completely voluntary. I certify that I am
physically fit, have sufficiently trained for participation in this event, and
have not been advised otherwise by a qualified medical person.
VOLUNTARY ASSUMPTION OF RISK I am aware of
all such risks and I understood those risks. I acknowledge and agree that I am
participating voluntarily at my own risk. I acknowledge and agree that the
actions of other participants or CWRRC could cause me serious physical or
emotional injury, illness, paralysis, or death. I acknowledge and agree that CWRRC
is not responsible for the actions or activities of individuals participating
in the Event or its negligence in supervising the Event, including actions,
activities, or omissions that result in such harm. I further acknowledge,
accept, and assume the risk of any and all medical conditions, limitations, or
disabilities (whether temporary or permanent) that I possess, whether known or
unknown, which might contribute to or exacerbate any injury I might sustain as
a result of my participation in this Event.
AGREEMENT TO PAY MY OWN
MEDICAL EXPENSES I acknowledge and agree that if I require
medical assistance (including, but not limited to, emergency care,
hospitalization, out-patient care, and/or physical therapy) as a result of any
injury sustained while participating in the Event, such assistance shall be at
my own expense.
RELEASE OF LIABILITY I (“Releasor”) hereby forever, irrevocably and
unconditionally release, waive, relinquish, discharge from liability and
covenant not to sue CWRRC, and its successors, predecessors-in-interest, and
insurers, and all municipalities in which the event is conducted (collectively,
the “Releasees") from any and all claims, demands, rights, actions, suits,
causes of action, obligations, debts, costs, losses, charges, expenses,
attorneys’ fees, damages, judgments and liabilities, of whatever kind or
nature, in law, equity or otherwise, whether now known or unknown, suspected or
unsuspected, and whether or not concealed or hidden, related to or arising,
directly or indirectly, from participation in the Event, the failure to warn of
dangerous conditions in connection with the Event, and/or the acts or omissions
of any of the Releasees, including, without limitation, any claim arising in
tort, negligence, failure to warn or other omission, property damage, personal
injury, emotional injury, illness, bodily harm, paralysis or death. In the
event that any claim released herein is brought by, or asserted on behalf of,
Releasor, I shall immediately defend, indemnify and hold harmless the
Releasees, and any of them, from any loss or liability, including reasonable
attorneys’ fees, associated therewith or arising therefrom.
This Agreement is governed by
Ohio law and is intended to be as broad and inclusive as Ohio law permits.
Should any clause be in conflict with Ohio law, then only that clause is null
and void while the remaining clauses of this Agreement shall remain in full
force and effect.
By signing below, I represent and warrant
that I have read and understood each and every paragraph in this document and I
agree to be bound by the terms stated therein, including the release of
liability contained therein. I further agree to indemnify and hold harmless the
Releasees from any and all claims which I may have or which are brought on my
behalf, which are in any way connected with, arise out of, or result from my
use of the Facility. I am 18 years of age or older. I am entering this
Agreement on behalf of myself, my spouse or domestic partner, and our
respective and/or collective issue, parents, siblings, heirs, assigns, personal
representatives, estate(s), and anyone else who can claim by or through such
person or persons (collectively, the “Releasing Parties”).