INDEMNIFICATION, RELEASE, AND ASSUMPTION OF RISK AGREEMENT
This Indemnification, Release, and Assumption of Risk Agreement (“Agreement”) is
entered into by the undersigned participant (“Participant”) in connection with
participation in the ElringKlinger SC Fundraising Run and related activities (the “Event”)
conducted at the The Preserve at Riverwest premises (the “Property”).
1. Assumption of Risk
Participant acknowledges that participation in the Event involves inherent and
significant risks, including but not limited to personal injury, permanent disability,
death, property damage, weather conditions, track surface conditions, vehicle or
equipment hazards, and actions of other participants or spectators. Participant
voluntarily and knowingly assumes all such risks, whether known or unknown.
2. Release of Liability
Participant hereby fully releases and forever discharges the owner of the Property,
the event organizer, its members, managers, officers, employees, agents, affiliates,
successors, and assigns (collectively, the “Released Parties”) from any and all claims,
demands, damages, losses, liabilities, costs, or causes of action, whether arising
in contract, tort, negligence, premises liability, or otherwise, including claims arising
from the sole or concurrent negligence of the Released Parties, to the fullest extent
permitted by law.
3. Indemnification and Hold Harmless
Participant agrees to defend, indemnify, and hold harmless the Released Parties
from and against any and all claims, lawsuits, damages, judgments, costs, and
expenses (including attorneys’ fees) arising out of or related to:
Participant’s presence on or use of the Property;
Participant’s participation in the Event; or
Any injury, death, or property damage caused by or attributed to Participant,
even if such claims are caused in whole or in part by the negligence of the
Released Parties, to the fullest extent permitted by law.
4. Medical Treatment
Participant consents to receive medical treatment in the event of injury and agrees that
the Released Parties have no responsibility for medical care or related costs.
5. Insurance
Participant acknowledges that the Released Parties do not provide insurance
coverage for Participant and that Participant is solely responsible for obtaining any
desired coverage.
6. Governing Law and Venue
This Agreement shall be governed by and construed under the laws of the State of
South Carolina, and any legal action shall be brought exclusively in a court of
competent jurisdiction located in South Carolina.
7. Severability
If any portion of this Agreement is found unenforceable, the remaining provisions shall
continue in full force and effect.
8. Binding Effect
This Agreement is binding upon Participant and Participant’s heirs, executors,
administrators, and assigns.
PARTICIPANT ACKNOWLEDGMENT
By signing below, Participant acknowledges that they have read, understand, and
voluntarily agree to this Agreement, and understand that they are giving up
substantial legal rights, including the right to sue.
RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT
PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
I, _____________________ (as a visitor) in consideration of being permitted access to and the use of the real property and improvements located at “The Preserve at RiverWest” (the “Property”) and my participation in activities on the Property (the “Event”), do for myself, my heirs, executors, administrators and assigns, HEREBY WAIVE, RELEASE, HOLD HARMLESS, AND FOREVER DISCHARGE ETHOS PROJECTS, LLC, WEST 123, LLC, RIVER WEST SC, LLC, DIDIERGROUP, LLC, PRESERVE PROPERTY SC, LLC AND PRESERVE SC FUND, LLC, AND THEIR OWNERS, MEMBERS, MANAGERS, OFFICERS, AGENTS AND EMPLOYEES (the “RELEASEES”), OF AND FROM ANY AND EVERY CLAIM, DEMAND, ACTION OR RIGHT OF ACTION, of whatever kind or nature which I now have or may hereafter acquire, ARISING FROM OR BY REASON OF ANY BODILY INJURY, DISABILITY, DEATH, or loss or damage to person of property damage in connection with my use of the Property or participation in the Event, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW.
I understand and acknowledge the inherent risks associated with rural outdoor educational, recreational, and/or walking, running or biking adventure activities on the Property and participating in the Event. I HEREBY ASSUME FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE, EVEN IF ARISING FROM THE NEGLIGENCE OF RELEASEES while upon the Property or participating in the Event.
I hereby further declare that I am physically sound and that I have no medical conditions that would limit my participating in using the Property and/or participating in the Event.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTANDING ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
Print Entrant Name: __________________________
Entrant Signature: ___________________________
Date: __________________
If Entrant is currently under 18 years of age:
Print Parent/Guardian Name: ______________________________
Parent/Guardian Signature: ________________________________
Date: ___________________
By signing this agreement, I also acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 while on the Property attending the Event, and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 on the Property at the Event may result from the actions, omissions, or negligence of myself and others, including, but not limited to organizers of Events, other visitors or entrants, volunteers, and/or other Event participants and their families. It is recommended you follow CDC Guidelines by wearing a mask and staying at least 6 (six) feet from other participants. We appreciate your safe and responsible cooperation.
2959 New Easley Highway | Greenville, SC 29611 | 407.895.3401 ©2022
In consideration of you accepting this entry, I, the participant, intending to be legally bound do hereby waive and forever release any and all rights and claims for damages or injuries that I may have against the Event Director, RunSignup.com, and all of their agents assisting with the event, sponsors and their representatives, volunteers and employees for any and all injuries to me or my personal property. This release includes all injuries and/or damages suffered by me before, during or after the event. I recognize, intend and understand that this release is binding on my heirs, executors, administrators, or assignees.
I know that running a road race is a potentially hazardous activity. I should not enter and run unless I am medically able to do so and properly trained. I assume all risks associated with running in this event including, but not limited to: falls, contact with other participants, the effects of weather, traffic, and course conditions, and waive any and all claims which I might have based on any of those and other risks typically found in running a road race. I acknowledge all such risks are known and understood by me. I agree to abide by all decisions of any race official relative to my ability to safely complete the run. I certify as a material condition to my being permitted to enter this race 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.
In the event of an illness, injury or medical emergency arising during the event I hereby authorize and give my consent to the Event Director to secure from any accredited hospital, clinic and/ 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.
As it applies to my participation in this race, 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.
Further, I grant permission to all the foregoing to use my name, voice and images of myself in any photographs, motion pictures, results, publications or any other print, videographic or electronic recording of this event for legitimate purposes.
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 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 non transferable.
By submitting this entry, I acknowledge (or a parent or adult guardian for all children under 18 years) having read and agreed to the above release and waiver including the no refund policy.
