4th ANNUAL Latine & Hispanic Heritage 5K Run/Walk – September 26, 2025
ASSUMPTION OF RISK, WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT
Participants: Read this document carefully before signing. This document has legal consequences and will affect your legal rights and will eliminate your ability to bring future legal actions.
PARTIES Released Parties include: The Appleton Area School District and its directors, officers, employees, agents, contractors, insurers, spectators, co-participants, equipment suppliers, and volunteers. Releasing Parties include: The participant as well as participant’s 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 participant’s behalf.
INITIAL ASSUMPTION OF INHERENT RISKS: I acknowledge that the 4th Annual Latine & Hispanic Heritage 5K Run/Walk event (thereafter referred to as the (Latine & Hispanic Heritage-5K event) carries with it inherent risks of physical injury. Inherent risks are risks that cannot be eliminated completely regardless of the care and precautions taken by the Appleton Area School District. I also understand that it is extremely strenuous with the accompanying risks and dangers generally present in such activities. I understand and acknowledge that the inherent risks include, but are not limited to: 1) contact or collision with persons, contact with other participants, contact or collision with motor vehicles or machinery, and contact with natural or man-made fixed objects or obstacles; 2) encounter with obstacles (e.g., natural and man-made water, road and surface hazards; 3) imperfect course conditions; 4) weather-related hazards (e.g., extreme heat, extreme cold, humidity, ice, rain, fog, etc.); 5) inadequate or negligent first aid and/or emergency measures; 6) judgment- and/or behavior-related problems (e.g., erratic or inappropriate co-participant or spectator behavior, erratic or inappropriate behavior by the participant, errors in judgment by personnel working the event). I further understand and acknowledge that any of these risks and others, not specifically named, may cause injury or injuries that may be categorized as minor, serious, or catastrophic. Minor injuries are common and include, but are not limited to scrapes, bruises, sprains, strains, muscle tension and soreness, nausea, cuts, sunburn, abrasions, grazes, lacerations, and contusions. Serious injuries are less common but do sometimes occur. They include but are not limited to property loss or damage, broken bones, fractures, torn or strained ligaments and tendons, concussions, exposure, dehydration, heat exhaustion and other heat-related illnesses, mental stress or exhaustion, infection, vomiting, dislocations,
hyperthermia, hypothermia, anemia, electrolyte imbalance, loss of consciousness, syncope, dizziness, fainting, seizures, electric shock and/or injury, and neurological disorders/pain. Catastrophic injuries are rare; however, we feel that our participants should be aware of the possibility. These injuries can include, but are not limited to, permanent disabilities, stroke, single or multiple organ failure or dysfunction, physical damage to organs, spinal injuries, paralysis, heart attack, heart failure, blood cell disorder, brain swelling, and even death. I also understand that it is my responsibility to consult with my personal physician prior to participating in the Latine & Hispanic Heritage-5K event to ensure that such participation will not pose any unusualrisks to my health and well-being. I understand fully the inherent risks participating in the Latine & Hispanic Heritage-5K event and assertthat I am willingly and voluntarily participating in the event. I have read the preceding paragraphs and acknowledge that 1) I know the nature of the Latine & Hispanic Heritage-5K event; 2)I understand the demands of this activity relative to my physical condition; and 3) I appreciate the potential impact of the types of injuries that may result from the Latine & Hispanic Heritage-5K event. I hereby assert that I knowingly assume all of the inherent risks of the activity and take fullresponsibility for any and all damages, liabilities, losses, or expenses that I may incur as a result of participating in the Latine & Hispanic Heritage-5K event.
INITIAL WAIVER OF LIABILITY FOR ORDINARY NEGLIGENCE: In consideration of being permitted to participate in the Latine & Hispanic Heritage-5K event, I (onbehalf of the Releasing Parties) hereby forever waive, release, covenant not to sue, and discharge the Appleton Area School District and the other Released Parties from any and all claims resulting from the INHERENT RISKS of the Latine & Hispanic Heritage-5K event or the ORDINARY NEGLIGENCE of theAppleton Area School District that I may have arising out of my participation in the Latine & Hispanic Heritage-5K event.This agreement applies to 1) personal injury (including death) from incidents or illnesses arising from the Latine & Hispanic Heritage-5K event participation; and 2) any and all claims resulting from damage to,loss of, or theft of property.
INITIAL INDEMNIFICATION AGREEMENT: In consideration of being permitted to participate in the Latine & Hispanic Heritage-5K event, I herebyagree to hold harmless, defend and indemnify the Appleton Area School District against: 1) Any and all claims made by me (or any Releasing Party) arising from injury or loss due to my participation in the Latine & Hispanic Heritage-5K event; and 2) Against any and all claims of co-participants, and othersarising from my conduct in the course of my participation in the Latine & Hispanic Heritage-5K event.For the purposes hereof, “claims” includes all actions and causes of action, claims, demands, losses, costs, expenses and damages, including legal fees and related expenses.
