WAIVER OF LIABILITY AND ASSUMPTION OF RISK For and in
consideration of Sol Series Events LLC, a Colorado nonprofit corporation, its
affiliates, members, member clubs, associations, sport disciplines and
divisions (“Sol Series ”) allowing me, the undersigned, to participate in the Run
For The Sun 5K I am registering for herein (the “Event” or “Events”); I, for
myself, and on behalf of my spouse, children, 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 at least eighteen (18)
years of age or older (or that this document is also agreed to by my parent or
legal guardian); and (ii) I am in good health and in proper physical condition
to 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, that I am responsible for my own safety and well-being at all times
and under all circumstances while at the Event site.
2. I understand and acknowledge that participation in track
& field, road running, race walking, cross country, mountain, ultra, and
trail running Events is inherently dangerous and represents an extreme test of
a person’s physical and mental limits. I understand and acknowledge the risks and
dangers associated with participation in the Event and sport of track &
field and related activities, including without limitation, the potential for
serious bodily injury, sickness and disease, permanent disability, paralysis
and loss of life; loss of or damage to equipment/property; exposure to extreme
conditions and circumstances; contact with other participants, spectators,
animals or other natural or manmade objects; dangers arising from adverse
weather conditions; imperfect course or track conditions; land, water and
surface hazards; equipment failure; inadequate safety measures; participants of
varying skill levels; situations beyond the immediate control of the Event
Organizers (as defined below); and other undefined, not readily foreseeable and
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 negligent acts or
omissions 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 any Event.
3. I agree to be familiar with and to abide by all the rules
and regulations established for the Event, including but not limited to any direction
from event volunteers and any safety regulations established for the benefit of
all participants. I accept sole responsibility for my own conduct and actions
while participating in the Event, and the condition and adequacy of my
equipment.
4. I hereby Release, Waive and Covenant Not to Sue, and
further agree to Indemnify, Defend and Hold Harmless Sol Series, and, if
applicable, the following parties: City of Lafayette; the event directors,
organizers and promoters, sponsors, advertisers, coaches and officials; the
local organizing committee and the facility, venue and property owners or
operators 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 in any way
to my participation in the Event, including claims for Liability caused in
whole or in part by the negligent acts or omissions 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 Liabilities
which any may be incurred as the result of such claim.
5. I hereby warrant that I (or my parent, natural guardian,
or legal guardian, if I am under the age of 18) am of legal age and competent
to enter into this Agreement, that I have read this Agreement carefully,
understand its terms and conditions, acknowledge that I will be giving up
substantial legal rights by accepting it (including the rights of my spouse,
children, guardians, heirs and next of kin, and any legal and personal
representatives, executors, administrators, successors and assigns),
acknowledge that I have accepted this Agreement without any inducement,
assurance or guarantee, and intend for my acceptance 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.
6. As a condition of my participation in the Event, I hereby
grant Sol Series a limited license to use my name, likeness, image, photograph,
voice, video, athletic performance, biographical and other information
(collectively, "Likeness"), in any media platform or format
whatsoever, and to distribute, broadcast and exhibit these without charge,
restriction or liability, but only for the purposes of advertising or promoting
Event, Run For The Sun 5K, or the sport of Athletics. The foregoing grant,
however, does not constitute consent for Sol Series or any third party to use
my Likeness in an endorsement of any product or service without my specific
written consent.
7. I certify that the birth date and age information
provided in my member profile and confirmed at the beginning of the entry
process is true and accurate.
8. If the participant is under the age of 18, the parent,
natural guardian, or legal guardian (the “Guardian”) hereby agrees to release
and discharge Sol Series as follows:
a. The Guardian acknowledges and
understands that the Event is inherently dangerous and represents an extreme
test of a person’s physical and mental limits. Further, the Guardian
acknowledges and understands the Risks, as defined above.
b. The Guardian acknowledges the
rights waived by both the Guardian and the participant by accepting this
Agreement.
c. The Guardian acknowledges that
the Guardian will indemnify the Released Parties from any and all Liability
which may arise out of, result from, or relate in any way to the participant’s
participation in the Event, including claims for Liability caused in whole or
in part by the negligent acts or omissions of the Released Parties.