LIABILITY WAIVER

 

In consideration of my (“I”, “my” or “myself”) and/or on behalf of my child/ward’s (each a “Ward”) participation as a competitor, volunteer (or other staff member) and/or spectator (any of the foregoing, a “Participant”) in the first annual Winter Walk (and any ancillary events/activities/operations related thereto, an “Event”), I, on behalf of myself and Ward, acknowledge, accept and agree the following:

Waiver and Release: In consideration of [list the different groups hosting the Walk] (hereinafter defined “The Released Parties”), allowing my participation in the Event at [determined location], I knowingly, voluntarily and freely assume and accept all such risks, both known and unknown. Those risks include, but are not limited to, death, injuries and damages resulting from the following: (1) the negligence of: (a)The Released Parties, and their officers, members, directors, owners, sponsors, employees, representatives, volunteers, contractors or agents; (b) guests, visitors or persons who may be present at or participating in the Event; and (c) any applicable governmental entities; (2) slips, trips, falls, crashes or other such accidents that occur while participating in the Event, or which may be caused by other persons participation in the Event; and (3) the negligence or lack of adequate training of the Released Parties who seek to assist with medical or other help either before or after injuries have occurred, and assume full responsibility for myself and/or my Ward/s participation in the Event. I agree to release from all liability, discharge and promise not to take legal action against: (i) the Released Parties, (ii) the Event, its officers, members, directors, owners, employees, representatives, volunteers, contractors or agents, (iii) any guest, visitor or person present or participating in the Event; (iv) any sponsor of the Event, their officers, members, directors, owners, employees, representatives, volunteers, contractors or agents; and (v) any applicable governmental entities, their directors, employees, representatives, volunteers or agents. To the fullest extent permissible by applicable law, I, on behalf of myself, and/or my Ward (if applicable), and our respective heirs, assigns, spouses, partners, personal representatives and/or next of kin, forever waive, release, discharge and covenant not to sue the Released Parties and the applicable venue owner(s) or operator(s). I further agree to indemnify, defend and hold harmless Released Parties from any loss liability, cost, claim and/or damages arising from Participant’s participation in or association with the Event, including, but not limited to, reasonable attorney’s fees.

Assumption of Risk: I, on behalf of myself, and/or my Ward, attest and verify that: (i) I am over 18 years of age and am legally signing on behalf of myself or, if applicable, Ward; (ii) Participant is free from all illnesses, injuries and defects that could interfere with his/her safe participation in an Event; (iii) Participant is physically fit and sufficiently trained to participate in all activities associated with the Event. I acknowledge that Participant, and I, as Ward’s parent/legal guardian (if applicable), am aware and informed of the inherent risks in participating in the Event and that Participant’s participation in the Event is entirely voluntary. I, on behalf of myself, and/or my Ward, consent to administration of first aid and other medical treatment and related services, including evacuation/transport, in the event of injury or illness in connection with participation in the Event and hereby release and indemnify Released Parties from any and all liability or claims arising out of such treatment and/or services

Miscellaneous: I, on behalf of myself, and, if applicable, my Ward, irrevocably grant unlimited permission that photographs, videos, and other images may be taken during the Event and that my image or likeness may be used by the Released Parties without compensation in connection with my participation therein. If any part of this release is deemed unenforceable for any reason, the rest shall remain in full force and effect.