OAK MOUNTAIN ASSMPTION OF RISK AND INDEMNIFICATION AGREEMENT

READ CAREFULLY THIS AGREEMENT AFFECTS YOUR AND YOUR CHILD’S LEGAL RIGHTS

1. Voluntary Participation.

 I acknowledge that I am/my child is voluntarily participating in the OakRunner (“event”) at Oak Mountain Ski Area.  I have/my child has agreed to voluntarily participate in the event.  I have read the rules and regulations for the event, understand them, and agree to follow them. I have explained the rules and regulations for the event to my child in an age appropriate manner and he/she has acknowledged that he/she understands and accepts those risks.

2. Assumption of Risk.

 I understand that this event includes but is not limited competitive running. I acknowledge that this type of activity is dangerous. I understand that the event includes risks of injury from, but not  limited to, falls, changing weather conditions, variations in terrain, roots, rocks, debris, collisions with other participants, spectators, and natural and manmade objects, fencing and other appurtenances, vehicles, and other pedestrians. I/my child acknowledge that I have had the opportunity to inspect the course before participating in the event. Fencing, equipment covers, padding, signs, rope lines, and other marking devices may be in place on the premises and along the course.  These markers will not prevent injury. I understand that it is my/my child’s responsibility to stay away from marked areas and to remain on the course while participating in the event. I also understand that there may be natural and manmade hazards which may not be marked. I acknowledge that I/my child have sufficient skills to participate in this event safely, and that I/my child will use equipment that is suitable for participating in the event safely. I am aware that participation in this event may result in serious injury, property damage, or death from these risks, and I voluntarily accept such risks on behalf of myself and my child. I have explained the risks inherent in the event to my child in an age-appropriate manner and he/she has acknowledged that he/she understands and accepts those risks.

3. Effect on Legal Rights. 

 I have read this agreement carefully and understand its contents. I have read this agreement to my child and he/she has acknowledged that he/she understands its contents. I am aware that the agreement includes an express assumption of risk. I understand that this agreement may affect legal claims for damages in the event of death or any injury to me/my child. I acknowledge that any questions I/my child have about this agreement or the risks inherent in participating in the event have been answered to my/my child’s satisfaction. I signed this document of my own free will.

4.  Indemnification

I further agree for myself, my successors, heirs, assigns, executors and administrators to indemnify and hold Oak Mountain LLC, its owners, affiliates, subsidiaries, employees, agents, officers, directors, and successors (“indemnified parties”) harmless from all claims and suits for personal injuries, death or property damage arising out of my or my child’s participation in the event and/or my use of the facilities at Oak Mountain Ski area whether caused by my/my child’s negligence or otherwise. 

5. Controlling Law. 

 I agree that the terms of this agreement are binding on me/my child, and shall be governed by the Laws of the State of New York and that all claims arising out of my participation in the event or this acknowledgement shall be brought in the Supreme Court of the State of New York, Hamilton County.

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.