RELEASE OF LIABILITY AND ASSUMPTION OF RISK

The individual named in this registration (referred to as “I” or “me”) desires to participate in the following activity provided by Help Center, Inc. a not-for-profit corporation organized and existing under the laws of the State of Montana (the “Organization”).

Activity: Run For Your Life Halloween 5K & Kid’s Run/Walk

Dates: In-person Oct. 26, 2024, and virtual Oct. 20-26, 2024

Location: MSU Bobcat Stadium and surrounding area, Bozeman, MT OR your local location for virtual event 

Risks: Running, walking, biking or any other physical activity is a potentially dangerous activity and involves the risk of serious injury, disability, death, and/or property damage. Additionally, the 2019 novel coronavirus disease (COVID-19) and other infectious diseases pose risks to participants. (the “Activity”).

In consideration of being permitted by the Organization to engage in the Activity and the intangible value that I will gain by participating in the Activity, and in recognition of the Organization’s reliance hereon, I agree to all the terms and conditions set forth in this agreement (this “Release”).

1.  Assumption of Risk.  I am aware and understand that the Activity is a potentially dangerous activity and involves the risk of serious injury, disability, death, and/or property damage. I am also aware of the contagious nature of infectious diseases including but not limited to the 2019 novel coronavirus disease (COVID-19) (collectively, the “Disease”) and the risk that I may be exposed to or contract the Disease by engaging in the Activity, which may result in serious illness, personal injury, disability, death, and/or property damage. 

I acknowledge that these risks may result from or be compounded by the actions, omissions, or negligence of Organization employees or others, including negligent emergency response or rescue operations of the Organization. I understand that the Organization cannot guarantee that I will not be injured or become infected with the Disease due to my participation in the Activity and that engaging in the Activity may increase my risk of contracting the Disease. 

NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF INJURY, ILLNESS, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY ENGAGING IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE ORGANIZATION OR OTHERWISE. 

2. Release and Waiver. I hereby expressly waive and release any and all claims, now known or hereafter known, against the Organization, the Event Director, RunSignup.com and their members, managers, officers, directors, employees, agents, affiliates, successors, and assigns (collectively, “Releasees”), on account of injury, illness, disability, death, or property damage arising out of or attributable to my participation in the Activity, whether arising out of the ordinary negligence of the Organization or any Releasees or otherwise. I covenant not to make or bring any such claim against the Organization or any other Releasee, and forever release and discharge the Organization and all other Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, willful and wanton misconduct, intentional tort, or any other liabilities that Montana law does not permit to be released by agreement.

3. Statement of Health. By participating in the Activity, I confirm that I am: (a) in good health, in proper physical condition, and do not have any medical or other conditions that would impair my ability to participate in the Activity; and (b) not experiencing symptoms of the Disease, do not have a confirmed or suspected case of the Disease, and have not come in contact in the last 14 days with a person who has been confirmed to have or suspected of having the Disease. 

I will comply with all federal, state, and local laws, orders, directives, and guidelines related to the Activity and the Disease while participating in the Activity. I will also follow all instructions, recommendations, and cautions of the Organization at all times during the Activity. If at any time I believe conditions to be unsafe, that I am no longer in proper physical condition to participate in the Activity, or I begin experiencing symptoms of the Disease, I will immediately discontinue further participation in the Activity.

4. Indemnification. I shall defend, indemnify, and hold harmless the Organization and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, arising out or resulting from any claim of a third party related to my participation in the Activity, including any claim related to my own negligence or the ordinary negligence of the Organization. 

5. Medical Treatment. I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Organization from any claim based on such treatment or other medical services.

6. Miscellaneous. I hereby agree that this Release represents the full understanding between the Organization and me and supersedes all other prior agreements, understandings, representations, and warranties, both written and oral, between us, with respect to the subject matter hereof. If any term or provision of this Release shall be held to be invalid by any court of competent jurisdiction, that term or provision shall be deemed modified so as to be valid and enforceable to the full extent permitted. The invalidity of any such term or provision shall not otherwise affect the validity or enforceability of the remaining terms and provisions. This Release is binding on and inures to the benefit of the Organization and me and our respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. Section headings are for convenience of reference only and shall not define, modify, expand, or limit any of the terms of this Release.

7. Governing Law. I hereby agree that this Release is intended to be as broad and inclusive as permitted, and that this Release shall be governed by and interpreted in accordance with the laws of the State of Montana, without reference to any choice of law doctrine.

BY SIGNING THIS DOCUMENT, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE ORGANIZATION. I MAY BE WAIVING MY LEGAL RIGHT TO A JURY TRIAL TO HOLD THE ORGANIZATION LEGALLY RESPONSIBLE FOR ANY INJURIES OR DAMAGES RESULTING FROM RISKS INHERENT IN THE RECREATIONAL OPPORTUNITY OR FOR ANY INJURIES OR DAMAGES I MAY SUFFER DUE TO THE ORGANIZATION’S ORDINARY NEGLIGENCE THAT ARE THE RESULT OF THE ORGANIZATION’S FAILURE TO EXERCISE REASONABLE CARE.

If the Participant is under 18 years of age, a parent or legal guardian must also sign.

You agree you are the parent or legal guardian of the minor named in this registration. I have the legal right to consent to and, by agreeing below, I hereby consent in all respects to the terms of this Release. I authorize the Organization to obtain medical treatment for such minor and release it from liability in accordance with Section 5 of this Release.