ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS
The Father Kline 5k Memorial Run
and Rose Wilson 1 Mile Walk are events involving activities that take place
indoors or outdoors and can include, but are not limited to: warm up exercises; competitive recreational
and or competitive running, in a group or individually, both in practice and in
the Event, and other games, gatherings
and/or and activities occurring on or about the site of the event.
Participation and attendance at event, the use of any equipment, facilities or
premises and traveling to and from activities associated with the Event are
strictly voluntary.
I
acknowledge that the inherent and other risks, hazards and dangers
(collectively referred to in this Form as “risks”) of these activities can cause
injury, damage, death or other loss to Participant or others. The following describes some, but not all the
inherent risks, as applicable to participant’s activities:
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Risks in any competitive or athletic activity.
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Training for, practicing or competing in
triathlon or other events and running and other conditioning involves frequent
and repetitive use of the arms and legs, extreme fitness and endurance, and
pushing the limits of the participant’s speed and abilities.
-
Risks
present in an outdoor environment.
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Participants
may be subject to severe storms or bad weather such as lightning, strong winds,
rain, hail, snow and ice extremely hot or cold weather; stinging, venomous and/or
disease carrying animals or insects and other natural or manmade hazards.
Hazards on the course may not be marked or visible and weather is always
unpredictable. (This is Ohio).
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Risks
involved in decision making and conduct.
These risks include the risk that an Organizer, staff member,
representative, volunteer, contractor or coparticipant may misjudge a
participant’s capabilities, health or physical condition, misjudge some aspect
of instruction, medical treatment, weather, terrain or route location, or, that
one of those persons may not warn participant (and/or participant’s legal
guardian) about one or more of the inherent risks of these activities.
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Mute-Terrain Running risks. These risks include
the risk colliding with objects or people (including coparticipants or
spectators), tripping or falling or encountering other road/trail hazards.
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Personal health and participation risks. The risk that a participant’s mental, physical
or emotional condition (including any use or abuse of alcohol or prescription
or nonprescription drugs), whether disclosed or undisclosed, known or unknown,
combined with participation in these activities could result in injury, damage,
death or other loss.
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Participant acknowledges that Organizer has not
been provided with nor reviewed any participant’s medical information, that Organizer
cannot anticipate or eliminate risks or complications posed by a participant’s
mental, physical (including fitness level) or emotional condition.
-
Risks connected with location, that the Event /
activity location may cause or contribute to delays or difficulties in
communication, transportation, evacuation or medical care.
I understand that neither Organizer nor its staff,
representatives, volunteers, contractors or anyone associated with them will be
supervising participant during the activities or at any time. Adult participant agrees he/she is solely
responsible for his/her own wellbeing always; or, if applicable, a
participant’s legal guardian agrees to take sole responsibility for
participant’s supervision before, during and after the Event and other activities,
including during free time and at all other times.
I understand and agree:
I will review all materials
received, accurately complete and agree to the registration information,
documents and process, and obey all rules and policies
; my final acceptance and participation in the Event is
contingent upon Organizer’s receipt and review of all required information and
forms, including this Form; before participating in any activities, I may
inspect the race course, facilities, equipment, and areas to be used, if I choose;
I am fully capable of participating without causing harm to myself or others.
I further
agree that participating in these activities requires a solid foundation of
fitness and training, that I am solely responsible for my conditioning and
fitness before, during and after the activities, and that I, in conjunction
with my physician, am responsible for determining whether these activities are
appropriate for me, before I participate.
I assume and accept full responsibility for myself, for the
inherent and other risks (both
known and unknown) of
the activities, and for
any injury, damage, death
or other loss I
may suffer, resulting from
those risks, including the
risk of my, a co-participant’s, and/or a
third party’s negligence or intentional
or other misconduct, or any
of the Released Parties’ negligence.
RELEASE AND INDEMNITY
Please read carefully. This Release and Indemnity section contains a
surrender of certain legal rights.
I agree as follows:
to release and not to the following: The Father Kilian 5k
Run Rose Wilson 1 Mile Walk, All Saints School of St. John Vianet, St. John Vienne
Parish, Catholic Dioses of Cleveland, The Bishop of the Catholic Dioses of Cleveland,
Greater Cleveland XC, all hosts, sponsors, service providers, volunteers and
all property owners and state, city, town, county, and
other governmental bodies,
and/or municipal agencies
whose property and/or personnel are used and/or in any way assist in
locations where the activities take
place, and each
of their respective
parent, subsidiary and affiliated companies, assignees,
licensees, owners, officers, directors, partners, board members,
shareholders, members, supervisors, insurers,
agents, employees, volunteers, contractors and representatives and all
other persons or entities associated or
involved with the
activities (individually and
collectively referred to in this Form as the "Released Parties"),
with respect to any and all claims,
liabilities, suits or
expenses (including attorneys’
fees and costs) (collectively referred to
in this Form
as “claim” or “claim/s”)
for any injury, damage, death,
lost property, stolen property, or other loss in any way connected with my
enrollment or participation
in the activities,
including use of any
equipment, facilities or
premises.
I understand I
agree here to
waive all claim/s I may have
against the Released Parties and agree that neither I, nor
anyone acting on my behalf,
will make a
claim against the
Released Parties for any injury, damage, death or other loss I may
suffer; to defend
and indemnify (“indemnify” meaning protect
by reimbursement or payment) the Released Parties with respect
to any and all claim/s brought by or on
behalf of me, my
spouse, a family member,
a coparticipant or any
other person, for any injury, damage, death , lost property, stolen
property, or other loss in any way
connected with my enrollment
or participation in the
activities, including without limitation use of any equipment,
facilities, or premises.
This Release and Indemnity section includes claim/s
resulting from any of the Released Parties’ negligence (but not any
of their intentional misconduct),
and includes all claims arising out of and/or related to claim/s for personal
injury or wrongful death.
I ACKNOWLEDGE THAT BY SIGNING THIS FORM, AND REGISTERING FOR
THIS EVENT, THAT I HAVE BEEN MADE AWARE OF THE RISKS OF PARTICIPATION, HAVE
VOLUNTARILY ASSUMED SAME, HAVE BEEN ADVISED OF THE REQUIREMENT THAT I RELEASE,
INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTY AND DO AFFIRMATIVELY AGREE TO
SAME.