PARTICIPANT WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND PUBLICITY RELEASE
Event: Desmond Wingard Memorial 5K (the “Event”) Organizers / Hosts: Gray Local Media, Inc. d/b/a WSFA 12 News, the Event Directors, and event partners.
1. Waiver & Release of Liability: In consideration of the acceptance of my entry and being permitted to participate in the Event, I, for myself, my heirs, executors, administrators, personal representatives, successors, and assignees, knowingly, voluntarily, and expressly waive, release, and forever discharge Gray Local Media, Inc. d/b/a WSFA 12 News, Gray Media, Inc., RunSignup.com, the Event Director(s), the City of Montgomery, event sponsors, promoters, contractors, volunteers, and all of their respective parents, affiliates, subsidiaries, officers, directors, agents, representatives, and employees (collectively, the “Released Parties”) from any and all liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, illness, personal injury, disability, or death that may be sustained by me, or to any property belonging to me, before, during, or after the Event, to the fullest extent permitted by applicable law.
2. Assumption of Risk: I acknowledge that a 5K road race carries inherent dangers and risks, including but not limited to: falls; collisions with other participants, spectators, or volunteers; vehicular traffic; course and road surface hazards; extreme weather (heat, humidity, rain, cold); and exposure to communicable illnesses. I voluntarily and knowingly assume all known and unknown risks associated with my participation. I certify that I am medically capable, physically fit, and sufficiently trained to participate safely.
3. Indemnification Agreement: I agree to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, liabilities, losses, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from my participation in the Event, my breach of this agreement, or any claim brought by or on behalf of me, my heirs, or assignees.
4. Medical Treatment Authorization: If an injury, accident, illness, or medical emergency occurs, I authorize event staff and medical personnel to secure necessary medical care, first aid, emergency treatment, and medical transport. I agree to be solely responsible for all expenses associated with any medical services or transport provided.
5. Rules & Public Health Compliance: I agree to abide by all rules, guidelines, and safety directives issued by race officials. I also agree to comply with all applicable local, state, and federal health and safety protocols.
6. Media & Publicity Release: I grant full permission to Gray Local Media, Inc., WSFA 12 News, and their respective parents, subsidiaries, affiliated stations and media entities, licensees, and designees (collectively, the “Media Parties”) to photograph, film, record, and broadcast my name, likeness, image, voice, biographical details, and race results across any medium now known or hereafter created (including television, OTT/streaming, digital websites, and
social media) for news, editorial, promotional, advertising, or archival purposes, worldwide and in perpetuity, without compensation, review, or approval.
7. Cancellation, Refund & Transfer Policy: All entry fees are non-refundable and bib numbers are non-transferable. Organizers reserve the right to alter, postpone, or cancel the Event due to weather, emergencies, or public safety directives without obligation to issue refunds.
8. Governing Law & Severability: This agreement shall be construed and enforced in accordance with the laws of the State of Alabama, without regard to conflict of law principles. Exclusive venue for any dispute shall lie in the state courts of Montgomery County, Alabama. If any provision is deemed unenforceable, the remaining provisions shall remain in full force and effect.
9. Minors & Parent/Guardian Acknowledgment: If the participant is under 18 years of age, the undersigned parent or legal guardian certifies that they have the legal authority to sign on the minor’s behalf, agrees to all terms of this agreement individually and on behalf of the minor, and expressly agrees to defend, indemnify, and hold harmless the Released Parties from any claim or lawsuit brought by or on behalf of the minor arising from participation in the Event.
