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Powisset Farm Trail Run - Fall

Dover, MA 02030

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IN CONSIDERATION of SUN MULTISPORT EVENTS, LLC (“SME”) allowing me to register and/or participate in and/or observe the activity for which you are registering (the “Event” or “Events”), I, for myself and on behalf of my spouse, children, parents, guardians, heir, next of kin, legal and personal representatives, executors, administrators, successors and assigns, hereby agree to and make the following representations pursuant to this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement (the “Agreement”):

1.            Authority to Register and/or to Act as Agent. I represent and warrant that I have full legal authority and capacity to complete the registration for the Event, including this Agreement, on behalf of myself and/or, where applicable, any party for whom I am registering (the ''Registered Parties''), including full authority to make use of the credit or debit card to which registration fees will be charged. As used in this Agreement, (a) “SME” means and includes Sun Multisport Events, LLC, and each of its officers, directors, shareholders, members, partners, employees, sponsors, organizers, advertisers, licensors, volunteers, contractors, subcontractors and agents and the agents, representatives, successors and assigns of any other persons associated with the Event; and (b) “I” means and includes me (as an individual) and all other Registered Parties for whom I am registering, and by virtue of agreeing to this Agreement, for whom I am waiving certain rights. If I am registering a child under the age of 18 or an incapacitated adult, I represent and warrant that I am the parent or legal guardian of that party and have the legal authority and capacity to enter into this Agreement on his/her behalf and by proceeding with registration for the Event, I agree that the terms of this Agreement shall apply equally to all of the Registered Parties. To the extent permitted by law, each person agreeing to this Agreement for him/herself and/or on behalf of another Registered Party (including, without limitation, any minor) agrees to indemnify, defend, and hold SME harmless from any liability, claim, demand, cause of action, damage, loss, or expense (including court costs and reasonable attorney's fees) of any kind or nature (each, a ''Liability'' and collectively ''Liabilities'') in the event the Liability arises because a Registered Party is found by a court of competent jurisdiction to not be bound by the terms and conditions of this this Agreement. In addition, if, despite this Agreement, any of the Registered Parties makes a claim against SME, I agree, immediately upon request or demand by SME, to defend, indemnify, and hold SME harmless from all Liabilities which may be incurred as the result of such claim.

2.            Assumption of Risk. In consideration of the acceptance of my registration and participation in the Event, I assume full and complete risk and responsibility for any discomfort, illness, injury, or accident which may occur while I am preparing for the Event, during the Event, while I am on the premises of the event, or while I am traveling to or from the Event. I acknowledge that this Event is an extreme test of a person’s physical and mental limits and carries with it the potential for death, serious injury and property loss, and that such risks and dangers are inherent in the nature of the Event and cannot be eliminated completely. I understand that participating in the Event may be hazardous, and that I should not enter and participate unless I am in sufficient physical condition to participate. I acknowledge and agree that the Event may be held over public roads and facilities open to the public during the event and upon which hazards are to be expected. I am aware of and assume all risks associated with participating in the event, including, without limitation, risks of serious bodily injury, permanent injury or disability, paralysis or death; loss or damage to property; exposure to extreme conditions and circumstances; accidents, illness, contact or collision with other participants, spectators, vehicles or other natural or manmade objects; exposure to extreme conditions and circumstances; dangers arising from adverse weather conditions; imperfect course conditions; water, road and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; exposure to or infection with contagious diseases including but not limited to COVID-19; situations beyond the immediate control of SME; and other undefined harm or damage which may not be readily foreseeable, and other presently unknown risks and dangers (“Risks”). I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others participating in the Event, or the acts, inaction or negligence of SME, 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 the Event.

3.            Representations and Consents. I represent and warrant that I am in sufficient physical condition to safely participate in the Event, have sufficiently trained for participation in this Event, have not been advised otherwise by a qualified medical person, and have no medical condition that would make my participation in the Event more hazardous. I further represent and warrant that I am not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in the Event. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Event. I consent to medical care and transportation in order to obtain treatment in the event of injury, accident and/or illness during this Event, and understand that this Agreement extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury. I understand that no medical care may be available, but if it is, I assume liability for any and all medical expenses incurred as a result of my participation in the Event, including, but not limited to ambulance transport, hospital stays, physician, and pharmaceutical goods and services. I agree to observe and obey all posted rules and warnings, to follow any instructions or directions provided to me by SME and to abide by any decision of any Event official relative to my ability to safely participate in or attend the Event. I understand and agree that I am expected to exhibit appropriate behavior at all times while at the Event and to obey all applicable laws while participating in or attending the Event. This includes, generally, respect for other people, equipment, facilities or property. I agree that Event officials may dismiss me, without refund, should my behavior, in the opinion of SME, endanger the safety of or negatively affect the Event. I understand and agree that I am responsible for taking care of my own personal belongings during the Event and, to the maximum extent permitted by law, SME is not responsible for any personal item or property that is lost, damaged or stolen at the Event. I understand and agree that SME reserves the right to cancel the Event due to weather (including, but not limited to, heat, tornadoes, earthquakes, fires, storms, lightning and floods), accidents, acts of war or terrorism, military conflicts or riots, or for any reason that would affect the safety and security of Event participants and/or spectators or the feasibility of the Event to be held. In the event of such cancellation or any other cancellation for any reason, there will be no refund of my payment unless authorized and paid by SME.

4.            Release and Waiver of Liability. I hereby waive, release, covenant not to sue and forever discharge SME, for all liabilities, claims, demands, causes of action, actions, or damages (collectively, “Claims”) that I may have against them arising out of or in any way connected with my registration and/or participation in the event, including without limitation any Claims caused by SME’s negligence, SME’s action or inaction, or otherwise. SME shall not be liable to me for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses. I agree that SME’s maximum liability to me, for any reason or cause whatsoever, shall not exceed the total amount of monies received by SME from me. This Agreement shall not be construed as limiting or excluding SME’s liability for any matter for which it would be illegal or unlawful to exclude or attempt to exclude liability. 

5.            Indemnity and Duty to Defend. I agree that if, despite this Agreement, I, or anyone on my behalf, makes or brings a Claim against SME which may arise out of, result from, or relate to my participation in the Event, I will indemnify, defend and hold harmless SME from any damage, loss or expense (including court costs and reasonable attorney’s fees) which may be incurred as the result of such claim.

6.            Notice of Filming and Photography. By registering for this Event, I consent to photography, audio recording, video recording and its/their release, publication, exhibition, or reproduction to be used for news, web casts, promotional purposes, advertising, inclusion on websites, social media, or any other purpose by SME, event sponsors, and their affiliates and representatives. Images, photos and/or videos may be used to promote similar SME events in the future. I release SME from any liability connected with the taking, recording, digitizing, or publication and use of photographs, computer images, video and/or or sound recordings. I have been fully informed of my consent, waiver of liability, and release before registering for this Event.

7.            Severability. I expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by applicable law, and if any provision of this Agreement is held to be unenforceable for any reason whatsoever, (a) the validity, legality, and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby, and (b) to the fullest extent possible, the unenforceable provision shall be deemed modified and replaced by a provision that approximates the intent and economic effect of the unenforceable provision and the Agreement shall be deemed amended accordingly. 

8.            Acceptance. I hereby affirm that I have read this Agreement carefully and fully understand its terms. I understand that I and all Registered Parties are giving up substantial rights, including the right to sue. I acknowledge that I am entering into this Agreement freely and voluntarily, and intend for my registration to serve as confirmation of my complete and unconditional acceptance of the terms of this Agreement and waiver of all liability to the greatest extent allowed by law. 

9.            Applicable Law; Consent to Jurisdiction. This Agreement is to be governed by the laws of the Commonwealth of Massachusetts. I consent that exclusive jurisdiction for any dispute with SME relating to this Agreement resides in the state and federal courts of the Commonwealth of Massachusetts, and I further agree and expressly consent to the exercise of personal jurisdiction in the courts of the county of Norfolk, Massachusetts in connection with any such dispute.

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