WAIVER, RELEASE OF LIABILITY & INDEMNIFICATION
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I agree to the following Waiver and Release of Liability and Indemnification (“Release”) as a condition to enrollment as a participant (“Participant”) in the Summer Cross Country Series (“Running Event”) offered by Mid-Atlantic Multisport, LLC (“MID-ATLANTIC MULTISPORT”). By clicking to agree, I, as the Participant, expressly understand, assume and consent to all the terms, conditions and risks set forth herein.
1. The Running Event
I expressly understand and agree that the Running Event organized by MID-ATLANTIC MULTISPORT involves a variety of activities requiring intense physical activity facilitated by an employee, contractor or agent of MID-ATLANTIC MULTISPORT. I also understand and agree that the Running Event takes place entirely on off-road trails which may include uneven terrain, both visible and hidden obstacles, and muddy and slippery conditions.
2. Participant’s Assumption of Risk
A) I represent that I am at least eighteen (18) years of age or older. I hereby further state that I currently suffer from no physical or mental condition that would impair my ability to fully participate in the Running Event.
B) By signing my name below, I further understand and agree that participation in the Running Event is voluntary, and that such participation carries with it certain inherent and unavoidable risks, including an increased risk of serious illness, injury, paralysis, or even death. With full awareness of such risks, I agree that I assume the risk of participating in the Running Event, including any such risk of death, injury and other losses and damages sustained by me arising out of or in connection with the Running Event or any system or equipment used in connection with the Running Event. I further understand and that the Running Event may require physical activity at a greater intensity heart rate level and I acknowledge that MID-ATLANTIC MULTISPORT has advised me I should consult with my physician before participating in the Running Event. I certify that I am physically fit and sufficiently trained for participation in the Running Event and that I have not been advised against participation by a qualified health professional.
C) If I am under the care of a physician, my enrollment in the Running Event will be made known to my physician by me. My involvement in the Running Event will be in accordance with my physician’s instructions regarding the Running Event. MID-ATLANTIC MULTISPORT and their respective representatives shall in no way be responsible for my compliance with my physician’s instructions. I expressly agree that I am solely responsible for my compliance with my physician’s instructions.
D) This Release shall be binding upon my heirs, assignees, successors and personal representatives. I shall be liable for any damages to MID-ATLANTIC MULTISPORT or its property caused by me or my guests. Furthermore, I assume the risk of injury, death, illness or damage to any third party or any third party’s property arising out of my participation in Running Event.
A) I hereby indemnify, release and discharge MID-ATLANTIC MULTISPORT and its owners, partners, employees and their respective estates from any liability, claims, losses, judgments, costs, or expenses, and waive the right to pursue legal action against MID-ATLANTIC MULTISPORT and any MID-ATLANTIC MULTISPORT representative arising directly or indirectly from my participation in the Running Event, including claims or damages resulting from death, personal injury, partial or permanent disability or property damage, medical or economic losses, including attorney’s fees, whether caused in whole or in part from any instruction or training hereunder and whether based upon the breach of any express or implied warranty, negligence or under any other legal theories.
B) I hereby indemnify MID-ATLANTIC MULTISPORT and their respective representatives and assume the risk of any and all liability claims and damages, direct or indirect, to third parties or their property, arising out of my participation in the Running Event.
C) In accordance with the foregoing, I hereby agree to indemnify and hold MID-ATLANTIC MULTISPORT and their respective representatives, harmless for any and all claims, actions, demands, damages, liabilities and expenses that arise in connection with my participation or directly or indirectly result from the Running Event.
A) I hereby acknowledge that the Running Event is provided “AS IS”, without warranties of any kind, express or implied, nor am I guaranteed any individual results. I am personally responsible for the achievement of my individual performance goals. I further understand and agree that MID-ATLANTIC MULTISPORT and their respective representatives expressly disclaim any and all express or implied warranties arising by law, conduct, or otherwise and any other alleged obligation or liability arising from contract, negligence, tort, or otherwise, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose with respect to the Running Event or any products offered or endorsed by MID-ATLANTIC MULTISPORT or their respective representatives. Under no circumstances shall MID-ATLANTIC MULTISPORT or their respective representatives be liable for special, indirect, incidental or consequential damages of any nature whatsoever.
B) I hereby waive and release MID-ATLANTIC MULTISPORT and their respective representatives from any claims based on any oral or written statements made prior to or contemporaneous with this Release and disclaim any reliance on any such statements.
C) I understand and acknowledge that MID-ATLANTIC MULTISPORT does not carry medical insurance for individuals participating in the Running Event. In the event of an illness or injury requiring treatment, hospitalization or surgery, I understand and acknowledge that my group or individual medical insurance must be used. Mid-Atlantic Multisport urges that all participants be covered by some form of personal medical insurance. In the event of an illness, injury or medical emergency arising during the event I hereby authorize and give my consent to MID-ATLANTIC MULTISPORT 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.
D) I hereby authorize MID-ATLANTIC MULTISPORT 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 any purposes.
E) Any person signing below on behalf of a minor under the age of 18, hereby acknowledges that he or she has the legal capacity and authority to act on behalf of the minor and to legally bind the minor to this Waiver Agreement, and they agree to indemnify and hold harmless MID-ATLANTIC MULTISPORT 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 the minor in the execution of this Waiver Agreement.
5. Acknowledgment of Release Terms and Conditions
I hereby represent that I have carefully read and fully understand the contents of this Release and that this Release is legally binding and enforceable, and that I agree to the terms and conditions of this Release.