PARTICIPANT AGREEMENT, WAIVER, RELEASE OF CLAIMS, WARNING OF RISK, AND ASSUMPTION OF RISK.
PARTIC IPANTS: READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL
RIGHTS AND WILL LIMIT OR ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.
I understand and acknowledge that by checking the box below or signing below, I am legally agreeing to all of the following statements in exchange for being permitted to participate in the Race for Hope-DSM on May 10, 2014 at Waterworks Park which includes the 5k course, Kids Fun Run Course, and pre- and post-course activities (“Related Activities”).
I expressly, knowingly, and voluntarily assume all of the risks of participating in Race for Hope. I understand and acknowledge that these risks include, but are not limited to: falls; illness; infection; contact or collision with spectators, personnel, and other pedestrians; contact or collision with motor vehicles or machinery; contact or collision with other participants of varying skill levels; contact and the effects of contact with natural and man-made fixed objects; road and surface hazards; dangers arising from weather conditions, including but not limited to extreme heat, cold, humidity, ice, rain, or fog; imperfect course conditions; and inadequate safety measures.
I understand and acknowledge that these risks may cause harms including, but not limited to: bodily injury, ranging from minor to severe; illness or infection, ranging from minor to severe; physical and/or mental effects of exposure to extreme conditions and circumstances, ranging from minor to severe; temporary or permanent disability; paralysis; death; and property damage or loss.
I understand that the risks of participating in Race for Hope-DSM may be caused in whole or in part by: my own actions or inactions; the actions or inactions of other participants; the actions or inactions of spectators or other pedestrians; and/or the actions, inactions, or negligence of the Released Parties (as defined below).
I agree that prior to participating in Race for Hope-DSM I will inspect the Course, and if I believe or become aware that any are unsafe or pose unreasonable risks, I agree to immediately notify appropriate personnel.
I expressly assume all risks and take full responsibility for any and all damages, liabilities, losses, or expenses that I incur as a result of participating in Race for Hope-DSM.
I agree that it is my responsibility to determine whether I am sufficiently fit, healthy, skilled, and physically trained to safely participate in Race for Hope-DSM. I hereby represent that I am, and on the date of Race for Hope-DSM, will be, in good health and in proper physical condition to safely participate in Race for Hope-DSM. I certify that I have no known or knowable physical or mental conditions that would affect my ability to safely participate in Race for Hope-DSM, or that would result in my participation creating a risk of danger to myself or to others. I further certify that I have not been advised or cautioned otherwise by a medical practitioner.
I understand that it is my responsibility to continuously monitor my own physical and mental condition during the Course, and I agree to withdraw immediately and to notify appropriate personnel if at any point my continued participation would create a risk of danger to myself or to others. I acknowledge and agree that I will not be reimbursed any portion of any fees paid for participation in Race for Hope-DSM if I withdraw before completing the Course, as I understand that all fees are paid only in exchange for the opportunity to participate to the best of my ability as described in this document, and in no way reflect an entitlement to complete the Course.
I understand that I am strongly advised to consult a medical practitioner before participating, especially if I am pregnant, disabled, or have recently suffered any illness, injury, or impairment.
I attest that I am covered by medical insurance, individually or as part of an organization.
I hereby indemnify and agree to hold harmless the Released Parties (as defined below) from any injury, loss, or damage described in this section.
I agree to abide by the rules of Race for Hope-DSM and to comply with the directions and instructions of Race for Hope-DSM personnel. I agree to become familiar with and abide by all written and/or posted rules of Race for Hope-DSM, as well as all written and/or posted rules of Waterworks Park. I further agree to comply with all directions, instructions and decisions of Race for Hope-DSM and Waterworks personnel, including but not limited to instructions or directions relating to the manner of my safe participation in the Course or Related Activities and decisions that I will stop participation in the Course or Related Activities at any time. Except as otherwise prohibited by law, I agree not to challenge these rules, directions, instructions, or decisions on any basis at any time and I acknowledge that they are reasonable and necessary to reduce risk; protect the safety of participants, spectators, and personnel; and/or promote fairness and the spirit of Race for Hope-DSM.
I also agree to exhibit appropriate behavior at all times; demonstrate respect for all people, equipment, and facilities; and participate with a cooperative and positive attitude and abide by all criminal laws, including traffic laws and regulations.
I understand that Race for Hope-DSM and Waterworks personnel may immediately dismiss anyone who disobeys any rules, directions, instructions, decisions, or laws, or whose behavior endangers safety or negatively affects a person, facility, or property of any type or kind.
I consent to receive medical care and treatment as determined by appropriate Race for Hope-DSM or Waterworks Park personnel. In the event of my injury, accident, or illness, I consent to receive medical care and treatment as deemed advisable in the best judgment of appropriate Race for Hope-DSM and/or Waterworks personnel and/or appropriate medical professionals. If necessary, I authorize appropriate Race for Hope-DSM personnel to consent to such medical care and treatment on my behalf.
I agree to assume liability for any and all medical costs incurred as a result of my participation in Race for Hope-DSM that are not covered by my insurance, including but not limited to costs of: medical care and treatment, ambulance services, hospital stays, and physician and pharmaceutical goods and services. I agree to indemnify and hold harmless the Released Parties (as defined below) from all liability for such costs.
I grant permission to Race for Hope-DSM, Dragon Master Foundation, and/or Waterworks Park to use my photograph and/or any other record of my participation in Race for Hope-DSM for any legitimate purpose. I understand that any and all photographs, motion pictures, recordings, and/or likenesses of me captured during Race for Hope-DSM, , its affiliates or contractors, and/or the media become the sole property of Race for Hope-DSM. I grant the right, permission, and authority to Race for Hope-DSM to use my name and any such photographs, motion pictures, recordings, and/or likenesses for any legitimate purpose, including but not limited to promoting, advertising, and marketing activities. I further understand that Race for Hope-DSM, as sole owner, has the full right to sell and/or profit from the commercial use of such photographs, motion pictures, or recordings.
I acknowledge that Race for Hope-DSM, reserves the right to cancel or reschedule Race for Hope-DSM in the event of emergency or other disaster. I acknowledge that Race for Hope-DSM, in its sole discretion may delay, modify, or cancel Race for Hope-DSM if natural or man-made emergencies make administering the event unreasonably difficult or unsafe. I agree that “emergency” is defined to mean any event beyond the control of Race for Hope-DSM , including, but not limited to: high wind, extreme rain or hail, hurricane, tornado, earthquake, flood, acts of terrorism, fire, threatened or actual strike, labor difficulty or work stoppage, insurrection, war, public disaster, and unavoidable casualty. I further acknowledge that Race for Hope-DSM, in its sole discretion may also delay, modify or cancel Race for Hope-DSM if conditions on the day of the event are, in the sole judgment of
Race for Hope-DSM, , in any way unsafe. In the event of a delay, modification, or cancellation of Race for Hope-DSM as described in this paragraph, I understand that I will not be entitled to a refund of my entry fee or any other costs incurred in connection with Race for Hope-DSM.
I hereby waive, release, and forever discharge Race for Hope-DSM, Waterworks Park, Dragon Master Foundation , and the other Released Parties from any and all claims I may have arising out of my participation in Race for Hope-DSM. I covenant and agree not to sue Race for Hope-DSM, or any of the other Released Parties for any such claims.
In consideration of being permitted to participate in Race for Hope-DSM, I hereby waive, release, and forever discharge the following parties (the “Released Parties”) from any and all Claims (as defined below): Race for Hope-DSM, and its directors, officers, employees, agents, contractors, insurers and volunteers; , and its directors, officers, employees, agents, contractors, insurers and volunteers; Waterworks Park and its directors, officers, employees, agents, contractors, insurers and volunteers; all Race for Hope-DSM event sponsors, organizers, promoters, directors, officials, property owners, and advertisers: all other persons or entities involved with Race for Hope-DSM; all state, city, town, county, and other governmental bodies and/or municipal agencies whose property and/or personnel are used and/or who in any way assist with Race for Hope-DSM; and any or all parent, subsidiary or affiliate companies, licensees, officers, directors, partners, board members, shareholders, supervisors, insurers, agents, and representatives of any of the foregoing.
In consideration of being permitted to participate in Race for Hope-DSM, I hereby waive, release, and forever discharge the Released Parties from all of the following (the “Claims”): any and all claims, liabilities of every kind, demands, damages (including direct, indirect, incidental, special and/or consequential), losses (economic & non-economic), and causes of action, of any kind or nature, which I have or may have in the future (including court costs, attorneys’ fees, and litigation expenses), that may arise out of, result from, or relate to my participation in Race for Hope-DSM or my travel to or from Race for Hope-DSM. I understand and acknowledge that these Claims include, but are not limited to, causes of action for death, personal injury, partial or permanent disability, negligence, and property damage or theft; causes of action relating to the provision of first aid, medical care, medical treatment, or medial decisions (at the site of Race for Hope-DSM or elsewhere); and claims for medical or hospital expenses. I understand and agree that the foregoing waiver, release, and discharge applies even if the Claims are caused by the negligent acts, omissions, or carelessness of any of the Released Parties.
I understand that this waiver, release and discharge operates for myself as well as on behalf of my spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on my behalf.
I hereby agree to indemnify, defend, and hold harmless Race for Hope-DSM, Waterworks, Dragon Master Foundation, and the other Released Parties from any and all expenses incurred and claims made that relate to my breach of this Agreement. I hereby agree to indemnify, defend and hold harmless Race for Hope-DSM, and the other Released Parties from any and all expenses incurred and all claims made by myself or others (including but not limited to court costs, attorneys’ fees, and litigation expenses) that arise out of or result directly or indirectly from my breach or failure to abide by any part of this Agreement, my failure to follow any rules or directions as defined in Section 5 above, and/or any of my actions or inactions which cause injury or damage to any other person or property.
I understand that this agreement to indemnify, defend, and hold harmless operates for myself as well as on behalf of my spouse, children, parents, guardians, heirs, next of kin and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on my behalf.
I understand and acknowledge that by checking the box below or signing below, I agree that the statutes and laws of the State of Iowa will apply to all matters relating to this Agreement, including participation in Iowa, regardless of the actual location of Race for Hope-DSM or the principles of conflict of laws. I agree that exclusive jurisdiction for any dispute with Race for Hope resides in the courts of the State of Iowa and expressly consent to the exercise of personal jurisdiction in the State of Iowa in connection with any dispute.
I understand and agree that this Agreement is intended to be as broad and inclusive as is permitted by the State of Iowa, and that if any provision shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be severed from this Agreement and does not affect the validity and enforceability of any remaining provisions.
BY CHECKING THE BOX BELOW OR SIGNING BELOW, I AFFIRM THAT I UNDERSTAND ITS CONTENT, AND INTENTIONALLY AND VOLUNTARILY SIGN THIS AGREEMENT.
