Consumer Reports:
I wish to participate in a charity race event hosted by Consumer Reports, Inc. (“Event Director” and “you”) at its auto test track facility located at 3 Hall Kilbourne Road, Colchester, CT 06415 (the “Event”).
In consideration of you accepting this entry and for being permitted to participate in the Event or observe or otherwise participate in or be involved for any purpose with the Event, I, the participant, intending to be legally bound do hereby agree as follows:
My choice to participate in the Event is knowing and voluntary. I know that running a road race is a potentially hazardous activity and involves inherent risks and dangers of accidents, property loss or damage, personal injury or losses. These may result not only from my own actions, inactions or negligence, but also from the actions, inactions or negligence of others or the conditions of the facilities. There may be other risks not known to me or reasonably foreseeable at this time. 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 that I understand all such risks.
I fully waive and forever release Consumer Reports, Inc., its officers, directors, employees, volunteers, contractors (including Fast Track Timing Enterprise, LLC) and agents; and RunSignup.com, and all of their employees and agents assisting with the Event, (collectively, the “Released Parties”) from and against any and all injuries (including death), losses, damages (including consequential, incidental and punitive damages), claims (including negligence claims), demands, lawsuits, expenses and any other liability of any kind, of or to me, my property, or any other person (collectively, “Losses”) directly or indirectly arising out of or in connection with the Event, unless caused by the gross negligence or willful misconduct of the Released Parties.. 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 spouse, next of kin, heirs, executors, personal and legal representatives, or assignees without limitation.
I will not initiate any claim, lawsuit, court action, or other legal proceeding or demand against a Released Party, nor join or assist in the prosecution of any claim for money or other damages which anyone may have on account of injuries, losses or damages sustained by me, other parties or my (or others’) property in connection with my participation in the Event, and I waive any right I may have to do so. I waive my insurer’s right to make a claim against a Released Party based on payments by insurers to me or on my behalf for any reason. I will indemnify, hold harmless and reimburse the Released Parties from and for all damages, losses, costs and expenses incurred by the Released Parties or paid by the Released Parties to any person (including me or my insurers) in respect of any accident, injury (including death), loss or property damage resulting from, arising out of, or in connection with my negligence or willful misconduct in connection with my participation in the Event.
I will follow any and all instructions of the Event Director at all times during the Event. 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. I will comply with applicable law while participating in the Event.
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. I hereby release the Released Parties and their licensees from any claims of rights of privacy or publicity, false light, libel or defamation in connection with the foregoing grant of rights.
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 nontransferable.
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 Waiver and Release including the no refund policy.
I agree that this Waiver and Release constitutes the entire agreement between Consumer Reports, Inc., RunSignUp.com, and me with respect to its subject matter and supersedes all prior understandings between us regarding its subject matter and may only be modified in a writing signed by all parties. If a court of competent jurisdiction finds any portion of this Waiver and Release unenforceable, all other provisions will remain in full force and effect and the unenforceable provision will be replaced with an enforceable provision that most nearly achieves the intent and economic effect of the unenforceable provision.
I agree that New York law governs this Waiver and Release, regardless of its conflicts rules, and any claim, dispute, action or proceeding related hereto shall be brought exclusively in the applicable state and federal courts in the State and County of New York. I expressly consent to such personal jurisdiction and venue in any of those courts and will not object to such jurisdiction on the grounds of inconvenient forum or otherwise.
I HAVE READ THIS WAIVER AND RELEASE, FULLY UNDERSTAND ALL THE TERMS, UNDERSTAND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, AND HAVE ENTERED INTO THIS WAIVER AND RELEASE FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT, ASSURANCE, OR GUARANTEE OF ANY NATURE BEING MADE TO ME.
PARENT/GUARDIAN CONSENT, ASSUMPTION OF RISK, MEDICAL AUTHORIZATION, AND ACKNOWLEDGMENT:
If the participant in this Event is a minor, then I represent that I am the parent or legal guardian of the individual and consent to this Waiver and Release on the individual’s behalf to the fullest extent permitted by applicable law. I authorize my child to participate in the Event and acknowledge that I have reviewed the nature of the Event and the associated risks. I or another adult designated by me will remain on-site at the Event throughout the duration of my child’s participation.
