Waiver, Release, and Indemnification Agreement
In consideration of my participation in the walk/run road race known as the “Run with Heart 5K” (“Event”), I, intending to be legally bound, do hereby agree as follows:
1. Acknowledgement and Assumption of Risk. I understand that participating in the Event is a potentially hazardous activity and I that I should not enter and participate unless I am medically able and properly trained to do so. As a material condition to my being permitted to participate in the Event, I certify that I am physically fit and sufficiently trained for the completion of this event and that a licensed medical doctor has verified my physical condition. I assume all risks associated with participating in the event including, but not limited to, falls, contact with other participants, the effects of weather, traffic, and course conditions, and other undefined, not readily foreseeable risks and dangers. I understand that these risks may be caused in whole or in part by my own actions or inactions or the actions or inactions of others participating in or organizing the Event, 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.
2. Release, Waiver, Covenant Not to Sue, and Indemnification. I hereby release, waive and covenant not to sue, and further agree to indemnify, defend and hold harmless the following parties, as relevant and applicable in each instance: Union Health System, Inc., Union Hospital, Inc. and Union Associated Physicians Clinic, LLC; RunSignup.com; the City of Terre Haute; the Terre Haute Parks Department; the event directors, the host organization and the facility, venue and property owners or operators upon which the Event takes place; and any other organizers, promoters, sponsors, advertisers, coaches and officials for this Event; and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees , representatives and volunteers (Individually and collectively, the “Released Parties” or “Event Organizers”), with respect to any liability, claims, demands, causes of action, damages, losses or expenses (including court costs and 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. 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 may be incurred as the result of such claim.
3. Emergency Medical Care. In the event of an illness, injury or medical emergency arising during the event, I hereby authorize and give my consent to Event Organizers to secure from any hospital, clinic, or physician any treatment deemed necessary for my immediate care. I agree that I will be fully responsible for payment of any and all medical services and treatment rendered to me including but not limited to medical transport, medications, treatment, and hospitalization.
4. Pet Owners. I understand Event Organizers may allow pets to participate in the Event. I agree to abide by all decisions of any Event Organizer relative to my pet’s ability to participate in the Event. In the event my pet is permitted to participate in the Event, I understand my pet must remain on a leash and under my control at all times. Furthermore, I acknowledge that I am responsible for cleaning up after my pet. I acknowledge that participation in the Event can be hazardous and carries with it the potential for my pet’s death, serious injury and loss. The risks include, but are not limited to, those caused by weather, temperature, terrain, condition of participants, equipment, vehicular traffic, and actions of other people including, but not limited to, participants, employees and volunteers involved with the Event. I assume all risks of my pet’s participation in the Event. I hereby release, waive and covenant not to sue, and further agree to indemnify, defend and hold harmless the Released Parties, as relevant and applicable in each instance, from any Liability which may arise out of, result from, or relate in any want to my pet’s participation in the event. 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 may be incurred as the result of such claim.
5. Name and Likeness. I grant permission to Event Organizers to use my name, voice, and images of myself in any photographs, videos, results, publications, or any other print, videographic or electronic recording of this event for any legitimate purposes.
6. COVID-19. As it applies to my participation in the Event, I agree to abide by the Center for Disease Control (CDC)’s recommendations for the prevention of the spread of COVID-19 and attest to having read the CDC’s guidance at: https://www.cdc.gov. I also agree to abide by any COVID-19 distancing and other safety guidelines issued by the state, the community or by this race for my participation in this race.
7. Refunds. All entry fees are non-refundable. We reserve the right to postpone or cancel the event due to circumstances beyond our control such as a natural disaster or emergency or as required to protect the safety of participants and staff. No refunds will be issued under these circumstances. We reserve the right to change the details of the event without prior notice. I understand that my entry fee is nonrefundable and bib numbers are nontransferable.
By submitting this Waiver, Release, and Indemnification Agreement I hereby acknowledge and represent: that I have read this document in its entirety, understand it, and sign it voluntarily and that this Waiver, Release, and Indemnification Agreement is the entire agreement between the parties hereto and its terms are contractual and not a mere recital. By submitting this entry, I (or a parent or adult guardian for all children under 18 years) certify that I have read this Agreement in is entirety and I fully understand its content.