2014 MEN’S HEALTH® URBANATHLON
AND FESTIVAL
PARTICIPANT CONSENT, WAIVER AND RELEASE FROM LIABILITY
(DO NOT SIGN THIS DOCUMENT UNTIL
YOU HAVE READ IT)
I acknowledge that attempting,
actively participating in, spectating, observing, appearing in, competing in,
working for and/or otherwise participating (“participation” or “participating”)
in any of the “Men’s Health Urbanathlon and Festivals,” to be held on October 18th,
2014 at Soldier Field in Chicago, Illinois, October 25th, 2014 at
Citi Field in Queens, New York, and/or November 23rd, 2014 at AT&T
Park in San Francisco, California (with all ancillary and related activities,
the “Event”), involves an above-average risk of personal injury to me and my
property, and I knowingly and voluntarily agree to the terms and conditions
outlined in this Participant Consent, Waiver and Release From Liability (this
“Release”).
IN CONSIDERATION of being
permitted to compete, observe, spectate, work for and/or participate in any way
in the Event, the UNDERSIGNED, for himself/herself, his/her personal
representatives, heirs, and next of kin hereby agrees as follows:
I, and, if applicable, my
Guardian, understand and unconditionally accept that participation in the Event
involves significant risk to Event participants, including, but not limited to,
the risk of bodily injury, permanent disability, illness, death, dismemberment,
emotional trauma, property damage, property loss, and/or other physical or
emotional loss or harm (collectively, “injuries”). I understand that these
injuries may be caused by the acts or omissions, negligent or otherwise, of
myself, other Event participants, and/or the Releasees (as defined below). I,
and, if applicable, my Guardian, hereby to the fullest extent permitted by law,
assume full responsibility for any risk of bodily injury, death, dismemberment,
or property damage arising out of or related to the Event whether caused by the
acts or omissions, negligent or otherwise, of myself, other participants,
and/or any Releasees or any others.
I represent and warrant that: I
am in good health, have no physical conditions that may affect my ability to
participate in the Event; I have not been advised otherwise by my medical
practitioner after a reasonably recent pre-Event examination; I am covered by
medical insurance, individually or as part of an organization or family; I,
and, if applicable, my Guardian (as defined in the attached “NOTE FOR MINORS”) acknowledge, agree,
and represent that before I participate in the Event, I or my Guardian will inspect
the Event facilities, site, and equipment and if any aspect of the Event
appears unsafe, I or my Guardian will immediately advise Event officials of any
such unsafe condition, will immediately leave the Event, and will not
participate further until such condition is remediated.
I, and, if applicable, my
Guardian, hereby to the fullest extent permitted by law, release, waive,
discharge and covenant not to sue Rodale Inc., Rodale Events, LLC, Men's
Health®, Publicis
Hawkeye, Inc. and Event sponsors, and their
respective parents, affiliates and subsidiaries, and each of their respective
directors, officers, agents and employees, and any and all owners and/or licensors of any and all
vendors, venues, independent contractors and authorities contracted with the Event,
including, but not limited to, City of Chicago, Chicago Park District,
Soldier Field, Navy Pier, Inc., Metropolitan Pier and Exhibition Authority, the
officers, agents and employees of all the foregoing, McCormick Place, CF
Hospitality, LLC, City and County of San Francisco, Department of Recreation
and Parks, City and
County of San Francisco, its officers, agents and employees, the San Francisco
Port Commission, and their officers, directors, employees and agents, Giant
Enterprises and all entities affiliated with Giant Enterprises, the National
Park Service, Golden Gate National Recreation Area, Pier 39, Pier 45/Shed A,
City of New York, New York City Department of Parks and Recreation, and
any other promoters, participants, producers, sanctioning organizations or any
subdivision thereof, rescue personnel, sponsors, advertisers, owners and
lessees of premises used to conduct the Event, premises and Event inspectors,
surveyors, underwriters, consultants and others who give recommendations, directions,
or instructions or engage in risk evaluation or loss control activities
regarding the premises or Event and each of their directors, officers, agents
and employees (all of the aforementioned shall be referred to herein
collectively as “Releasees” and each a ”Releasee”) from all liability to the
undersigned, and his/her Guardian(s), personal representatives, assigns, heirs,
and next of kin for any and all loss or damage, and any claim or demands
therefor on account of injuries to person or property of myself or others caused
by, arising out of or from, and/or related to the Event and/or my participation
therein, including but not limited to conditions of or on the Event site, the facilities,
structures, race elements, instructions and/or advice given, products,
foodstuffs, services provided, and/or equipment, or rescue operations or
procedures, whether caused in whole or in part by the acts, omissions or
negligence of any Releasees, or otherwise.
I, and, if applicable, my
Guardian, hereby acknowledge that there is a possibility that, after execution
of this Release, and if applicable, the attached Note For Minors, I or my Guardian may discover facts, conditions
or incur or suffer claims which were unknown by me or my Guardian at the time
this Release (and Note For Minors)
was executed (each an “unknown condition”), and which, if known or suspected as
of the date hereof, may have materially affected my and/or my Guardian’s
decision to participate in the Event and/or execute this Release and any
attached documents. I (and, if applicable, my Guardian) acknowledge and agree
that I or we, as applicable, hereby assume all risk of such unknown
conditions.
I, and, if applicable, my
Guardian, hereby agree, to the fullest extent permitted by law, to indemnify and
save and hold harmless the Releasees and each of them from any loss, liability,
damage, or cost, including court costs and reasonable legal fees for outside
counsel and disbursements up through and including any appeal, that either of
us may incur arising out of or related to the Event, whether caused by the
negligence of any Releasees or otherwise. I, and, if applicable, my Guardian,
hereby agree that this Release extends to all acts and/or omissions, negligent
or otherwise, by the Releasees in connection with the Event and my
participation therein, including without limitation rescue operations or
procedures and is intended to be as broad and inclusive as is permitted by
applicable law and that if any portion of this Release is held invalid, the
balance shall continue in full legal force and effect.
I, and, if applicable, my
Guardian, hereby agree and irrevocably consent that Rodale Inc., Rodale Events,
LLC, Men's Health®, Publicis Hawkeye. Inc. and Event sponsors, and their
respective parents, affiliates,
subsidiaries and agents have the unrestricted right to
videotape, film, portray, and/or photograph me and record my voice,
conversation, and sounds during and in connection with the Event without
compensation to me or my Guardian. I, and if applicable, my Guardian, further
agree and irrevocably consent that Rodale Inc. is
the sole owner of all the results and proceeds of any and all such photography,
video and sound recordings, and visual images. I, and if applicable, my
Guardian, hereby irrevocably consent to and grant to Rodale Inc., the
unrestricted right for themselves, their employees, their sponsors and
independent contractors, their assigns and licensees, forever and throughout
the universe to use my name, image, likeness, voice, testimonials and biography
for any purpose, including, without limitation, in connection with the
distribution, advertising, promotion, commercial tie-in or other ancillary
exploitation of the Event, and any entertainment programming related thereto,
in whole or in part, in all media, including, but not limited to, print,
internet, television or other optical, digital, electronic, CD-ROM, and the
worldwide web on-line use, without any further compensation to me, or my
Guardian, and by all means now known or hereafter devised and in all languages,
throughout the universe in perpetuity. I, and, if applicable, my Guardian,
hereby release Rodale Inc., Rodale Events, LLC, Men's Health®, Publicis
Hawkeye, Inc., Event sponsors and their respective parents, affiliates, subsidiaries
and employees, assigns and licensees from any and all liability arising out of
their use of my information and/or likeness.
I, and if applicable, my Guardian,
agree not to make any claim against any such Releasees as a result of the use
or exploitation of my name, image, likeness, voice, testimonials, biography or
other information and/or likeness.
I, and, if applicable, my
Guardian, understand and agree to the stipulations and conditions for checking
my bag at the Event. I understand and
agree that a valid event number must be presented to Event staff before any
items will be accepted or returned. I
understand and agree that Releasees will NOT be responsible or liable for any
of my personal property. Furthermore, I
verify that no forms of personal identification, which includes but is not
limited to drivers licenses, passports, social security cards, etc., credit
cards, cash, or travelers checks of any kind have been checked with the items I
am checking at the Event. I agree that by signing this Release that I have
released the Releasees from any and all liability associated with the bag
check.
I, AND, IF APPLICABLE, MY GUARDIAN HAVE READ THIS RELEASE AND, IF
APPLICABLE, THE ATTACHED NOTE FOR MINORS, AND I (AND, IF APPLICABLE, MY
GUARDIAN) FULLY UNDERSTAND ITS OR THEIR TERMS, UNDERSTAND THAT I (AND, IF
APPLICABLE, MY GUARDIAN) HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS
RELEASE AND, IF APPLICABLE, THE NOTE FOR MINORS, AND HAVE SIGNED SUCH
DOCUMENT(S) FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR
GUARANTEE BEING MADE TO ME OR MY GUARDIAN AND I (AND, IF APPLICABLE, MY
GUARDIAN), INTEND MY OR OUR SIGNATURE(S) TO BE EACH A COMPLETE AND
UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE FULLEST EXTENT ALLOWED BY LAW.
ALL SECTIONS OF THIS RELEASE AND ANY ATTACHED NOTE FOR MINORS (IF APPLICABLE)
MUST BE COMPLETED.
NOTE
FOR MINORS
EVENT PARTICIPANT, IF YOU ARE UNDER THE AGE OF 18
AS OF THIS DATE, BEFORE SIGNING AND COMPLETING THE ATTACHED RELEASE AND WAIVER
OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT (THE “RELEASE”) AND
PARTICIPATING IN THE EVENT, YOU MUST FIRST HAVE YOUR PARENT OR LEGAL GUARDIAN
(EACH A “GUARDIAN”) FULLY READ THE ATTACHED RELEASE, AND THEN FULLY READ AND
COMPLETE THIS NOTE FOR MINORS
As part of the consideration
inducing the allowance of _____________________________ (“Minor”) to participate
in the Event as defined in the attached Release, the undersigned Guardian
hereby represents, warrants and agrees as follows:
1. The undersigned is a parent and/or legal guardian
of said Minor.
2. The undersigned hereby consents and agrees to be
bound in accordance with the above terms and conditions contained in the
attached Release.
3. The undersigned will do any and all things
necessary and reasonably required by Releasees to assist in the full and
complete performance of said Minor of his/her obligations and agreements under
the Release.
4. The undersigned hereby guarantees to Releasees the
full and complete performance of said Minor of each and all of said Minor’s
obligations in the above Release, and further guarantees that Minor will not at
any time disaffirm such Release, in whole or in part, by reason of said Minor’s
minority or otherwise.
5.
In the event Minor receives financial compensation,
in addition to the other consideration already received, the undersigned agrees
not to claim any such money or demand that such money be paid to anyone other
than said Minor directly, unless pursuant to instructions from Minor.
6. The undersigned further agrees to the fullest
extent permitted by law to indemnify and hold harmless any Releasees from and
against any and all claims, damages, liabilities, costs and expenses, including
reasonable outside counsel fees, arising out of any breach or alleged breach by
the undersigned or Minor of any representation, warranty or agreement made by
the undersigned or Minor in the Release and/or in this Note for Minors.
I have read the foregoing Release
and this Note for Minors and fully understand the contents in each such
document. I represent that I am the parent or guardian of Minor. I hereby
consent to the foregoing terms and conditions in the Release and this Note for
Minors individually and on his or her behalf in my capacity as legal guardian.