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"2020 Recovery" 5k Trail Run, Benefiting Spring Valley School

Birmingham, AL 35211

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$35.00 + $3.03 SignUp Fee

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Waiver

Participant Waiver for 5k Trail Race

I know that running and/or walking a trail race is a potentially hazardous activity, which could cause injury or death. I will not enter and participate unless I am medically and physically able, and by my signature, I certify that I am medically able to perform this event, and am in good health. I agree to abide by any decision of a race official relative to any aspect of my participation in this event, including the right of any official to deny or suspend my participation for any reason whatsoever. I attest that I have read the rules of the race and agree to abide by them. I assume all risks associated with running in this event, including but not limited to: falls, physical contact with other participants, volunteers, race personnel, contract service providers, employees, and spectators including the potential the contraction of a communicable disease resulting from contact with other participants, volunteers, race personnel, contract service providers, employees, and spectators. I assume all risks including: the effects of the weather; high heat and/or humidity; freezing cold temperatures; traffic and the conditions of the trail including surrounding terrain. I further agree to abide by the State of Alabama's, City of Birmingham's, and Center for Disease Control’s (CDC) recommendations for the prevention of the spread of the 2019 Novel Coronavirus Disease (COVID-19) and other communicable diseases, and I attest to having read the CDC’s guidance at: https://www.cdc.gov/coronavirus/2019-ncov/prepare/prevention.html. I assume all such risks being known, appreciated, and accepted by me. 

Having read this waiver and knowing these facts and inconsideration of your accepting my entry, I, for myself and anyone entitled to act on my behalf, waive and release the Spring Valley School “2020 Recovery Run”, the city of Birmingham, and Red Mountain Park, all event sponsors, their representatives and successors from all claims or liabilities of any kind arising out of my participation in this event, even though that liability may arise out of negligence or carelessness on the part of the persons named in this waiver.  In addition, I acknowledge the contagious nature of COVID-19 and other communicable diseases and voluntarily assume the risk that I may be exposed to or infected by COVID-19 and/or other communicable diseases by participating in this event. I acknowledge that such exposure or infection may result in personal injury, illness, permanent disability, and/or death. I understand that the risk of becoming exposed to or infected by COVID-19 in connection with my participation in this event and personally assume this risk.

I grant permission to all of the foregoing to use my photographs, motion pictures, recordings or any other record of this event for any legitimate purposes. I understand that this event does not provide for refunds in the event of a cancellation, and by signing this waiver, I consent that I am not entitled to a refund if the event is cancelled before or during the event.

Red Mountain Park Waiver - Applicable to all Participating Waves of the 5k Trail Run

STATEMENT OF QUALIFICATION. I represent that the Participant, whether myself or a minor participant for whom I am legally responsible (if applicable) (my “Minor”): understands the nature of the  Activity; meets the required weight and age limits and meets all other minimum eligibility requirements for the Activity; is in good health and in proper physical condition to participate in the Activity; does  not have any known heart, leg or back problems, or any other injuries, illnesses or conditions that may affect the Participant’s ability to safely participate in the Activity; is not pregnant; and is not under  the influence of alcohol and/or any other legal or illegal drugs that may impair the Participant’s ability to safely participate in the Activity. I understand that if I have any questions about whether the  Participant is in proper physical condition and/or whether the Participant has any injuries, illnesses or other conditions that may affect the Participant’s ability to safely participate in the Activity, it is my  responsibility to consult a physician before participating. I also represent that the information above is complete and accurate to the best of my knowledge. 

ASSUMPTION OF RISK. I fully understand that the Activity and the Park involve inherent and other risks, hazards and dangers to myself, or my Minor, property and other people that may include but  are not limited to: misinformation and instructions or the lack thereof; equipment malfunction or misuse; falling; impacting or being impacted by objects or other participants; property damage; inadvertent  and/or unwelcome touching; collisions with trees, rocks and other natural or man-made obstacles; latent or apparent defects in the equipment; panic and/or hurt feelings; serious emotional trauma  and/or bodily injury; physical injury; unavailability of immediate medical attention; permanent disability; partial or total paralysis; illness; disease; scrapes; cuts; bruises; bites; stings; broken bones;  sprains; neurological damage; death; adverse weather conditions; my own actions, inactions and/or negligence; actions, inactions and/or negligence of other participants and/or Red Mountain Park as  defined below. I understand that there may be risks that are not known or reasonably foreseeable at this time. I agree freely and voluntarily to enter the Park and/or participate in the Activity in  spite of the inherent risks. I acknowledge the above risks and fully accept and assume all risks and all responsibility for losses, costs and damages that I may incur as a result of my  participation in the Activity and/or my presence in the Park. 

RELEASE AND WAIVER OF LIABILITY & PROMISE NOT TO SUE. I, on behalf of myself, my Minor, my family member(s), my personal representatives, heirs, executors, administrators, estate,  assigns, and any and all other persons and entities (collectively and individually, the “Releasing Parties”) HEREBY RELEASE, DISCHARGE AND PROMISE NOT TO SUE Red Mountain Greenway  and Recreational Area Commission, The Red Mountain Park Fund, Inc., Friends of Red Mountain Park, Inc., and their successors, predecessors, assigns, affiliates, administrators, directors, officers,  agents, volunteers and employees (collectively and individually, “Red Mountain Park”) from all liability, claims, demands, losses, or damages, which arise out of, or are connected in any way to my  participation, or the participation of my Minor, in the Activity and/or my presence, or the presence of my Minor, in the Park, including but not limited to claims that arise out of NEGLIGENT actions and/or  inactions of Red Mountain Park to the fullest extent permitted by law. 

INDEMNITY. I, on behalf of myself and all other Releasing Parties agree to DEFEND, INDEMNIFY AND HOLD HARMLESS Red Mountain Park from any and all claims brought by, or on behalf of the  Releasing Parties, for any injury, damage, death or other loss in any way connected with my participation, or the participation of my Minor, in the Activity and/or my presence, or the presence of my  Minor, in the Park, including but not limited to claims arising out of NEGLIGENT actions and/or inactions of Red Mountain Park to the fullest extent permitted by law. 

PHOTO RELEASE. I hereby grant Red Mountain Park the right to use, reproduce, assign and/or distribute photographs, films, videotapes and sound recordings of me, or my Minor, taken or recorded  in the Park, in any materials they may create. 

CHOICE OF LAW, FORUM SELECTION & SEVERABILITY. Subject to the paragraph entitled RELEASE AND WAIVER OF LIABILITY & PROMISE NOT SUE, I agree that any claim based upon or  arising out of the Agreement and/or the Participant’s involvement in the Activity will be brought in a court of appropriate jurisdiction in Birmingham, Jefferson County, Alabama; any objections to venue  and personal jurisdiction in such forum are expressly waived; and any such claims shall be subject to the Alabama Constitution as well as statutory and common law of Alabama, including but not limited to  all applicable immunities afforded by Alabama law. I also agree that if any portion of this Agreement is determined to be invalid, void or unenforceable for any reason, the remainder the Agreement shall  continue in full force and effect. 

 

Virtual, Remote Run Waiver

I know that running in an event that is organized as a virtual activity where I run on my own, at a date and time of my choosing, in a location and running route of my choosing, which will not have any support or security measures in place by Spring Valley School is a potentially hazardous activity, which could result in injury or death. I acknowledge that I am participating in the activity outlined by this virtual event by my own free will and at my own personal risk. I will not participate in a virtual event unless I am medically able and properly trained, and by my signature, I certify that I am medically able to perform this event, and am in good health, and I am properly trained. I further agree to abide by the State of Alabama's, City of Birmingham's, and Center for Disease Control’s (CDC) recommendations for the prevention of the spread of the 2019 Novel Coronavirus Disease (COVID-19) and other communicable diseases, and I attest to having read the CDC’s guidance at: https://www.cdc.gov/coronavirus/2019-ncov/prepare/prevention.html. I attest that if my community has a shelter in place order, that I will only participate in the virtual event by using a personal treadmill, and I will not run outside in the community during the duration of a shelter in place order. I agree to follow all pedestrian safety ordinances including running on a sidewalk where available and not in the road. I agree to follow the rules of the road if no sidewalk or multi-use trail is available, and I will run against oncoming traffic and not with traffic. 

I agree to abide by any decision of a race official relative to any aspect of my participation in this virtual event, including the right of any official to deny or suspend my participation for any reason whatsoever.  I attest that I having read the rules of the virtual race scheduled for November 1, 2020 - January 30, 2020 including the terms in this waiver, the timeline of the virtual event, and agree to abide by them. I assume all risks to me associated with running on my own as part of this virtual activity, including but not limited to: falls, contact with other pedestrians, the effects of the weather, including high heat and/or humidity, traffic and the conditions of the road or trail, all such risks being known or unknown and appreciated by me when out running on my own without any type of support from local officials or event organizers.

Having read this waiver and knowing these facts and in consideration of your accepting my entry, I, for myself and anyone entitled to act on my behalf, waive and release the Spring Valley School “2020 Recovery Run”, the city of Birmingham, and Red Mountain Park, all event sponsors, their representatives and successors from all claims or liabilities of any kind arising out of my participation in this virtual event, and waive my ability to bring any legal action against the entities outlined in this waiver as I am voluntarily electing to run on my own as part of this virtual event. I grant permission to all of the foregoing to use my photographs which I may share online as part of the event, personal data provided during registration and post-event reporting, video or audio

I grant permission to all of the foregoing to use my photographs, motion pictures, recordings or any other record of this event for any legitimate purposes. I understand that this event does not provide for refunds in the event of a cancellation, and by signing this waiver, I consent that I am not entitled to a refund if the event is cancelled before or during the event.




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