RELEASE AND WAIVER OF LIABILITY AND ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND WILL LIMIT OR ELIMINATE YOUR ABILITY TO BRING FUTURE ACTIONS.
In consideration of being permitted by Flies For Good, LLC (The LLC) to participate in or volunteer for this athletic event I hereby waive and forever release any and all rights and claims for damages or injuries that I may have against the LLC, RunSignup.com, City of East Grand Rapids, EGR Public Schools and any or 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. including related programs or events (collectively the “Event”). I understand and acknowledge by signing below, that I am agreeing to the statements in the following Release and Waiver of Liability and Assumption of Risk and Indemnity Agreement (The “Agreement”) and that these statements are being accepted and relied upon by the RELEASED PARTIES (as defined below). I hereby freely and voluntarily acknowledge and/or take action for myself and on behalf of my spouse, children, parent, guardian, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on my behalf, as follows:
1. I hereby acknowledge and assume all of the risks of participating in or volunteering for this event. Running, walking, swimming, bicycling and all other portions of this event are inherently dangerous and are an extreme test of my physical and mental limits that carries with them the potential for serious bodily injury, permanent disability, paralysis and death and property damage or loss. I acknowledge and agree that it is my responsibility to determine whether I am sufficiently fit and healthy enough to safely participate in or volunteer for the Event, which I elect to enter or volunteer for. I certify that I have not been advised against participating in or volunteering for the Event by any healthcare provider. I have no physical or medical condition that would endanger myself or others if I participate in or volunteer for the Event, or would interfere with my ability to safely participate in the Event. I accept responsibility for the condition and adequacy of my competition equipment and my conduct in connection with the Event. I understand and acknowledge that there may be vehicular (or other motorized units) or pedestrian on the course route and I assume the risk of participation or volunteering on the course and all other portions of this Event under these circumstances. I also assume any and all other risks associated with participating in or volunteering for this Event, including but not limited to the following: falls, dangers of equipment, and any hazards that may be posed by spectators, other participants and volunteers, and weather conditions. I agree to FULLY comply and abide by the Center of Disease Control’s (CDC’s) recommendations for the prevention and the spread of COVID-19 and attest to having read the CDC’s guidelines at: https://www.cdc.gov/coronavirus/2019-ncov/prepare/prevention.html. I also agree to FULLY comply and abide by COVID-19 guidelines and instructions from event organizers. I understand and agree that my failure to comply in ANY way can and will result in my removal from the event with no refunds nor any other recourse. I further acknowledge that these risks include risks that may be the result of negligent acts, omissions and/or carelessness of the RELEASED PARTIES as defined herein. I understand that I will be participating in or volunteering for the Event at my own risk and that I am responsible for the risk of participation in or volunteering for the Event.
2. I understand and acknowledge the dangers associated with the consumption of alcohol and/or drugs (including prescription drugs) before, during and after the Event and I recognize that consumption of alcohol and/or drugs (including prescription drugs) might impair my judgement and motor skills. I assume any injury, loss or damage associated with my consumption of alcohol and/or drugs (including prescription drugs).
3. I WAIVE, RELEASE AND FOREVER DISCHARGE THE LLC, USA Track & Field, RunSignUp Inc (ETAL), event sponsors, organizers, promoters, producers, race directors, officials, staff, advertisers, property owners, other volunteers, administrators, contractors, vendors all other persons or entities involved with the Event, all municipal and other governmental bodies and municipal/governmental agencies whose property and personnel is used and in any way assist in locations in which the Event or segments of the Event take place and each of their respective parent, subsidiaries, and affiliated companies, licensees, officers, directors, partners, board members, shareholders, members, supervisors, insurers, attorneys, agents, employees, volunteers and other participants and representatives (individually and collectively, the “RELEASED PARTIES”), from any and all claims, liabilities of every kind, demands, damages (including direct, indirect, incidental, special and/or consequential), losses (economic and non-economic) and causes of action, of any kind or any nature, which I have or may have in the future, including court costs, attorney’s fees, and litigation expenses (individually and collectively, the “Claims”). That may arise out of result from or relate to my participation in or volunteering for the Event or my traveling to or from the Event, including my death, personal injury, partial or or permanent disability, negligence, property damage and damages of any kind, property theft, and claims relating to the provision of first aid, medical treatment or medical decisions (at the Event site or elsewhere) and any claims for medical or hospital expenses even if such claims are caused by the negligent acts, omissions, or the carelessness of the RELEASED PARTIES.
4. I FURTHER COVENANT AND AGREE NOT TO SUE any of the RELEASED PARTIES for any of the claims that I have waived, released or discharged parties, I AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS the RELEASED PARTIES from any and all expenses incurred, claims made by me or any other individuals or entities, for liabilities against the RELEASED PARTIES , including but not limited to court costs, attorneys’ fees and litigation, deposition and subpoena expenses arising out of or resulting from, directly or indirectly, in whole or in part, my breach or failure to abide by any part of this agreement, rules or direction, my breach or failure to abide by any rules of competition or instruction and information provided by any of the RELEASED PARTIES relative to the Event and my actions or omissions which cause injury or damage to any other person.
5. I agree to read and abide by all traffic and pedestrian laws. I agree that prior to participating in or volunteering for the Event, I will inspect the race course, facilities, equipment and areas to be utilized and if I believe or become aware that if anything is unsafe, I will immediately advise the Race Director.
6. I HEREBY GRANT TO THE LLC AND RELEASED PARTIES the right, permission and authority to use my name, image, voice and likeness, without compensation, captured during the Event by the LLC, RELEASED PARTIES, all affiliated entities, or contractors and the media in any photographs, videotapes, CD’s, DVD’s, broadcast, telecast, podcast, webcast, recordings, motion pictures, commercial advertisement, promotional materials and any other record of this Event for the sole purpose of promoting this Event in a legal and moral manner. I ALSO HEREBY GRANT TO THE LLC AND RELEASED PARTIES permission to contact me prior to and after the Event by mail or e-mail. This includes providing post-race details, results, photos/videos and sponsor/vendor services and products.
7. I acknowledge and agree that the LLC, in its sole discretion, may delay, modify or cancel the event if it’s believed the conditions on race day are unsafe. In the event the Event is delayed, modified or cancelled for any reason, including but not limited to acts of God or the elements (including without limitation, wind, rough water, rain, hail, lightning, hurricane, tornado, earthquake), acts of terrorism, fire, threatened or actual strike, labor difficulty, work stoppage, insurrection, war, public disaster, flood, unavoidable casualty, race course conditions, or any other cause beyond the control of the LLC, there shall be no refund of the entry fee or any other costs incurred in connection with the Event.
8. I understand that the LLC reserves the right, in its sole and complete discretion, to deny entry, revoke the entry application of any applicant or volunteer at any time and/or to disqualify any individual from participating in or volunteering for the Event. Applicant expressly waives any claim for damages arising from the denial or revocation of an entry application and will forego his or her entry fee.
9. A legal guardian who signs this agreement on behalf of a minor, incapacitated and/or mentally challenged person (hereinafter “Said Person”), hereby acknowledges that he or she has the legal capacity and authority to act on behalf of Said Person and to legally bind Said Person to the agreement. The legal guardian who signs this agreement agrees to indemnify and hold harmless the RELEASED PARTIES for any expenses incurred, claims made, or liabilities assessed against them, as a result of any insufficiency of legal capacity or authority to act on behalf of Said Person in the execution of this Agreement.
10. This agreement supersedes any other agreements between the parties, weather written or oral, and which is intended to provide a comprehensive release of liability, but it is not intended to asset any claims or defenses which may result in any waiver of rights of the LLC. The internal laws of the State of Michigan govern this agreement, exclusive of any conflicts of law provisions. If any part of this agreement is unenforceable, all other parts shall still be given full force and effect.
