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Waiver

WAIVER OF LIABILITY AND AGREEMENT TO INDEMNIFY

I know that running and walking in a road race is a potentially hazardous actvity. I should not enter unless I am medically able and properly trained. I verify to you that I am physically fit and sufficiently trained to participate in the 2024 St. Margaret’s Hospital Guild’s Decorators' Show House and Gardens 5K Event (the “Event”). I also know that while some police supervision will be provided for the Event, there may be traffic on the course. Accordingly, I assume all risks associated with my voluntary participation in the Event, including, but not limited to, falls, contact with other participants, the effects of the weather (including extreme heat, extreme cold, snow and ice), traffic, and the conditions on the road with all such risks being known and acknowledged by me.

Knowing these facts, and in consideration of my accepted entry into the Event, I for myself, my heirs, executors, administrators or anyone else who might claim on my behalf, hereby voluntarily release, discharge, waive and relinquish any and all claims, complaints, actions or causes of action (“Claims”) against Vision Event Management LLC, The City of Indianapolis, St. Margaret's Hospital Guild, Eskenazi Health Behavioral Health Academy, Sandra Eskenazi Mental Health Center, Meridian Restaurant and Bar, and each of their respective parents, subsidiaries, affiliates, and successor companies, and each of their respective officers, directors, agents, representatives, shareholders, volunteers and employees, as well as each of their respective successors, representatives and assigns (collectively, the “Released Parties”), including but not limited to those Claims alleging libel, defamation, invasion of privacy or right of publicity, misappropriation, property damage, personal injury or wrongful death (“Losses”) arising from or resulting in any manner from my participation in the Event. I agree to defend, indemnify and hold harmless the Released Parties in the event of any and all Claims, by whomever or wherever asserted, including, but not limited to such Claims for personal injury, property damage or wrongful death, resulting in any manner from my participation in the Event, including, without limitation, and to the maximum extent permitted by law, those Losses arising from the Released Parties’’ own negligence, but not including a Released Party’s recklessness or intentional misconduct, for which such "Released Party shall remain responsible.

This Waiver of Liability and Agreement to Indemnify (this “Waiver and Agreement”) has been entered into by me in the State of Indiana, and the validity, interpretation and legal effect of this Waiver and Agreement shall be governed by the laws of the State of Indiana. The Indiana courts located in Marion County, Indiana (state and federal), shall have sole jurisdiction of any controversies regarding this Waiver and Agreement, any action or other proceeding which involves such a controversy shall be brought in those courts, and not elsewhere. If any part of this Waiver and Agreement, shall be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect the remainder of this Waiver and Agreement, which shall continue in full force and effect.

Further, I grant irrevocably grant to Vision Event Management, LLC, The City of Indianapolis, St.
Margaret’s Hospital Guild, Eskenazi Health Behavioral Health Academy, Sandra Eskenazi Mental Health Center, Meridian Restaurant and Bar, and its designees, sponsors, successors and assigns, the absolute, unrestricted right and permission to record, film, photograph, videotape, copy, reproduce, adapt, edit, copyright, publish, exhibit, distribute, perform and otherwise exploit by any manner and in any and all media now known or hereafter devised throughout the world in perpetuity, my names, likenesses, images, photographs, appearances, voice, statements and testimonials (collectively, the "Appearances") in and in connection with my participation in the Event; the creation and use of marketing and promotional materials for publicizing, advertising, and promoting the Event and/or promoting any future similar events; and the creation and use of marketing and promotional materials by Vision Event Management, LLC, The City of Indianapolis, St. Margaret’s Hospital Guild, Eskenazi Health Behavioral Health Academy, Sandra Eskenazi Mental Health Center, Meridian Restaurant and Bar, sponsors for publicizing, advertising and promoting such sponsors involvement with the Event or any future similar events and any of such sponsors related products or services (collectively, "Marketing Materials"). I hereby waive any right to inspect or approve the Marketing Materials or the uses of my Appearances in such Marketing Materials. Nothing herein shall constitute any obligation on Vision Event Management, LLC, The City of Indianapolis, St. Margaret’s Hospital Guild, Eskenazi Health Behavioral Health Academy, Sandra Eskenazi Mental Health Center, Meridian Restaurant and Bar or any of their designees or sponsors to make any use of my Appearances or the Marketing Materials or any of the rights set forth herein.

I understand and acknowledge that Vision Event Management, LLC, The City of Indianapolis, St. Margaret’s Hospital Guild, Eskenazi Health Behavioral Health Academy, Sandra Eskenazi Mental Health Center or Meridian Restaurant and Bar may offer chat rooms, blogs, message boards, or similar public forums where I and other participants in the Event and our connections can share information and communicate - e.g., places where I can post my resume and/or profile. The protections described in this Privacy Policy do not apply when I provide information (including personal information) in connection with use by Vision Event Management, LLC, The City of Indianapolis, St. Margaret’s Hospital Guild, Eskenazi Health Behavioral Health Academy, Sandra Eskenazi Mental Health Center or Meridian Restaurant and Bar of these public forums. Vision Event Management, LLC, The City of Indianapolis, St. Margaret’s Hospital Guild, Eskenazi Health Behavioral Health Academy, Sandra Eskenazi Mental Health Center and Meridian Restaurant and Bar may use personally identifiable and non-personal information about me to identify me with a posting in a public forum. Any information I share in a public forum is public information and may be seen or collected by anyone, including third parties that do not adhere to this Privacy Policy. None of Vision Event Management, LLC, The City of Indianapolis, St. Margaret’s Hospital Guild, Eskenazi Health Behavioral Health Academy, Sandra Eskenazi Mental Health Center or Meridian Restaurant and Bar are responsible for events arising from the distribution of any information I choose to publicly post or share in connection with the Event.

I consent to emergency medical care and transportation in order to obtain treatment in the event of injury to me as medical professionals may deem appropriate and agree that this Waiver and Agreement extends to any such medical care, treatment and transportation. I further acknowledge that I will be responsible for the cost associated with any such medical care, treatment or transportation. I understand that my entry fee in the Event is non-refundable.

I agree and acknowledge that (a) each of Vision Event Management, LLC, The City of Indianapolis, St. Margaret’s Hospital Guild, Eskenazi Health Behavioral Health Academy, Sandra Eskenazi Mental Health Center and Meridian Restaurant and Bar reserve the right to (i) postpone, cancel or shift the Event to a virtual race due to circumstances beyond their control such as a natural disaster, pandemic events, or emergency or as required to protect the safety of participants, volunteers, and staff, and (ii) change the details of the Event without prior notice, (b) my entry fee in the Event is non-refundable, and (c) no refunds will be issued under any of these circumstances.

I CONFIRM THAT I HAVE READ THIS WAIVER & AGREEMENT CAREFULLY AND UNDERSTAND THAT I AM VOLUNTARILY RELEASING CERTAIN CLAIMS THAT I MIGHT OTHERWISE MAKE AGAINST THE RELEASED PARTIES. ADDITIONALLY, I ACKNOWLEDGE AND AGREE THAT THE FOREGOING CONTAINS A COMMITMENT ON MY BEHALF TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASED PARTIES AS SPECIFICALLY SET FORTH ABOVE.




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