RELEASE AND WAIVER OF LIABILITY,
Open waiver in new window
ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
IN CONSIDERATION for being permitted to participate in the Madison Marathon – sponsored and operated by Madison Festivals, Inc. (“Madison Festivals”) and for other good and valuable consideration - the undersigned, for himself/herself, as well as for his or her child or ward, if applicable, and his or her and their (if applicable) personal representatives, heirs, and next of kin:
1. HEREBY WARRANTS AND REPRESENTS that the undersigned is participating herein of his or her own free will and is not compelled to participate and further that: (i) the undersigned understands that the particular activities which the undersigned may undertake may involve, for example, adverse weather conditions, lifting, walking, running, physical exercise, and/or physical contact with others (the “Activities”); (ii) the undersigned understands that the Activities may or may not be supervised; (iii) the undersigned understands that Madison Festivals is not a health care provider and emergency care may not be immediately available in the event of an injury or health event during the Activities; and (iv) the undersigned is in sufficient physical condition and is physically able to undertake all the Activities and to participate in the Activities; has no disability, impairment or ailment preventing him or her from active or passive exercise, or that will be detrimental to his or her health, safety, comfort or condition if the undersigned does so engage or participate.
2. HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE MADISON FESTIVALS OR ANY SUBDIVISION, SUBSIDIARY, OR AFFILIATE THEREOF (INCLUDING, BUT NOT LIMITED TO, RACE DAY EVENTS), AND EACH OF THEM, THEIR DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES, ALL FOR THE PURPOSES HEREIN REFERRED TO AS “RELEASEES,” FROM ALL LIABILITY, TO THE UNDERSIGNED, THE UNDERSIGNED’S PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, AND NEXT OF KIN FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFOR ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY OR RESULTING IN DEATH OF THE UNDERSIGNED ARISING OUT OF OR RELATED TO THE ACTIVITIES OCCURRING WHILE PARTICIPATING IN THE ACTIVITIES, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE (BUT NOT INCLUDING INTENTIONAL OR RECKLESS ACTS OF THE RELEASEES).
3. HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS THE RELEASEES AND EACH OF THEM FROM ANY LOSS, LIABILITY, DAMAGE, OR COST THE UNDERSIGNED MAY INCUR ARISING OUT OF OR RELATED TO THE ACTIVITIES WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE (BUT NOT INCLUDING INTENTIONAL OR RECKLESS ACTS OF THE RELEASEES).
4. HEREBY ACCEPTS THE RISK AND ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE ARISING OUT OF OR RELATED TO THE ACTIVITIES WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES OR OTHERWISE (BUT NOT INCLUDING INTENTIONAL OR RECKLESS ACTS OF THE RELEASEES), and furthermore acknowledges, pursuant to the recreational activities statute, Wis. Stat. § 895.525, that the undersigned has a responsibility to act within the limits of the undersigned’s ability, to heed all warnings regarding participation in the recreational activity, to maintain control of the undersigned’s person and any applicable equipment or devices, and to refrain from acting in any manner that may cause or contribute to death or injury for the undersigned or to other persons.
5. HEREBY acknowledges that prior to signing this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement, the undersigned had the opportunity to contact a representative of Madison Festivals to discuss and/or bargain regarding any of the terms set forth herein.
6. HEREBY AGREES and gives Robert C. Thayer (the Photographer)/Focal Flame Photography LLC, and any other photographers contracted by Focal Flame Photography, as well as Photographers assigns, licensees, successors in interest, legal representatives, and heirs the irrevocable right to use and to license my photograph in all forms and in all media and in all manners, without any restriction as to changes or alterations for any uses including but not limited to advertising, trade, promotion, and marketing, or any other lawful purposes. The undersigned waives any right to inspect or approve the photograph(s) or finished version(s) incorporating the photograph(s). The undersigned hereby releases and agrees to hold harmless the Photographer, his or her assigns, licensees, successors in interest, legal representatives and heirs from any liability by virtue of any blurring, distortion, alteration, or use in composite form. The undersigned agrees to indemnify and hold harmless the Photographer against any losses or lawsuits that might arise from any aspect of the shoot. The undersigned agrees that the Photographer owns the copyright in these photographs and the undersigned hereby waives any claims the undersigned may have based on any usage of the photographs or works derived therefrom, including but not limited to claims for either invasion of privacy or libel. The undersigned acknowledges and agrees that the undersigned has no further right to additional consideration, and that the undersigned will make no further claim for any reason to the Photographer and his assigns, licensees, successors in interest, legal representatives, and heirs. The undersigned agrees that this release is irrevocable, worldwide and perpetual. The undersigned has read this release and is fully familiar with its contents. The undersigned further understands that after the event, the undersigned will receive e-mail notification that photographs are available online for viewing if the undersigned has provided an e-mail address to event organizers. The undersigned understands that the undersigned may unsubscribe from e-mail notification at any time.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.