WAIVER, RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT FOR ADULTS AND MINORS AND NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN

Read this form completely and carefully. You are agreeing to let your minor child engage in a potentially dangerous activity. You are agreeing that, even if the Town of West Hartford and West Hartford Board of Education, and their officers, agents, employees, and volunteers (hereinafter “Released Parties”) use reasonable care in providing this activity, there is a chance you or your child may be seriously injured or killed by participating in the Turkey Trot 5k (hereinafter “Event”) because there are certain dangers inherent in the Event which cannot be avoided or eliminated. By signing this form you are giving up your child’s right and your right to recover from released parties in a lawsuit for any personal injury, including death, to you or your child or any property damage that results from the risks that are a natural part of the Event. You have the right to refuse to sign this form, and released parties have the right to refuse to let you or your child participate in the Event if you do not sign this form.

I, the undersigned, as the undersigned, and/or as the parent or legal guardian of the minor child (“my child”) named below, do hereby give my full consent and approval for me or my child to participate in the Event. I understand that there are certain risks of damages and injuries, including death, inherent in the Event, as well as in other related activities incidental to my or my child’s participation, and I am willing to assume these risks on behalf of myself or my child. These risks include, but are not limited to, those hazards associated with weather conditions, travel, race route conditions, equipment and other participants.

I understand that there is inherent risk in the Event and that inherent risk means those dangers or conditions, known or unknown, which are characteristic of, intrinsic to, or an integral part of the Event; and that the term “inherent risk” further includes, but is not limited to: (1) the failure by the Released Parties to warn me or my child of an inherent risk, and (2) the risk that someone may act in a negligent or intentional manner and contribute to the injury or death of me or my minor child. Further, I agree that in consideration for my or my child’s participation in the Event, I hereby waive, release, discharge and agree not to sue the Released Parties, for any and all causes of actions, claims or damages arising out of or resulting from my or my child’s participation in this Event, including but not limited to damages, injuries, or death arising out of the negligence of Released Parties or otherwise. I agree that for me or my child to participate in the Event, I assume full responsibility for any loss of property, accident, bodily injury, or death as a result of my or my child’s participation in this Event.

I hereby permit the Released Parties to use or distribute any or all still and/or moving images in which I or my child appear for any use including, but not limited to: video, Web, print and multimedia applications; training or other instructional materials; advertising, commercials or other promotional materials; and other forms of media, without compensation. Any image(s) created shall be the property of the Released Parties.

I hereby give permission for me or my child to receive necessary medical treatment.

I further agree on behalf of myself and my child listed below, that I shall hold harmless and fully indemnify and defend the Released Parties from any and all causes of action, claims, damages, costs including but not limited to attorney’s fees and costs, which may arise from any cause of action made by me or by, through or on behalf of me or my child, even if the damages, injuries or death are caused in whole or in part by the negligence of the Released Parties.

I acknowledge (a) that I have read (or have had read to me) each and every one of the provisions in this waiver, release of liability and indemnification agreement, (b) that I understand each of the provisions in this agreement and (c) that I agree to abide by them.

This event follows the standard running industry policy: All entry fees are non-refundable. We reserve the right to postpone or cancel the event due to circumstances beyond our control such as weather, 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. I also understand that swag will be distributed while supplies last and that every paying participant may not receive the year’s swag. Children under 5 will not receive the Turkey Trot branded swag.