Release to Comply with GCC S 12-5-27 (a)
Open waiver in new window
STATE OF ALABAMA )
JEFFERSON COUNTY )
For the sole consideration of being allowed to participate in the BHM 26.2 Marathon and Half Marathon
In Birmingham, Alabama, the undersigned hereby release the City of Birmingham, its agents,
servants and employees from any and all claims, demands, damages, actions, causes of action or
suits of any kind or nature whatsoever, and particularly on account of all injuries, known and
unknown, both to person and property, which may result or may in the future develop from the
BHM 26.2 Marathon and Half Marathon on or about the 15th of April, 2018 at or near Birmingham,
The undersigned hereby declares that the terms of this settlement have been completely
read and are fully understood and voluntarily accepted for purpose of making a full and final
compromise, adjustment and settlement of any and all claims, disputed or otherwise, on account
of the injuries and damages above mentioned, and for the express purpose of precluding forever
any further or additional claims arising out of the aforesaid event.
Witness: ________________________________ Date: _____________________________
I acknowledge that running a road race is an extreme test of a person’s physical and mental limits and carries with it the potential for death, serious injury and property loss. I will not enter and participate unless I am medically able and properly trained. I certify that I am medically able to perform this event, and I am in good health and properly trained. I agree to abide by any decision of a race official relative to any aspect of my participation in this event, including the right of any official to deny or suspend my participation for any reason whatsoever.
I understand that there are potential hazards to participating in this event, including, but not limited to, those caused by terrain, facilities, temperature, weather, condition of athletes, equipment, vehicular traffic, actions of others, including, but not limited to participants, volunteers, spectators, coaches, event officials, and event monitors, and/or producers of the event, and lack of hydration. These conditions are not only inherent to athletics, but are also present for volunteers. I hereby assume all risks of participating and/or volunteering in this event. I realize that liability may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained or controlled by them or because of their possible liability without fault.
I acknowledge that this Waiver and Release applies to event holders, sponsors and organizers for all events related to this race that I participate in and that I will govern my actions and responsibilities at said events. In consideration of my application and permitting me to participate in these events, on behalf of myself and my executors, administrators, next of kin, successors, and assigns as follows, I hereby knowingly and voluntarily waive, release, and discharge from any and all claims and liability for my death, disability, personal injury, property damage, property theft or actions of any kind which may hereafter accrue to me, whether caused by the negligence of the releases or otherwise, the following entities and persons: Magic Moments; Children's Hospital of Alabama; DG Racing, LLC; any and all other vendors, providers, or subcontractors, sponsors and volunteers, their directors, officers, employees, volunteers, representatives, and agents, the event holders, event sponsors, event volunteers. On behalf of myself and these same persons/entities I further knowingly and voluntarily hereby agree to indemnify and hold harmless the entities or persons mentioned in this paragraph from any and all liabilities or claims made as a result of participation in this event, whether caused by the negligence of releases or otherwise. This Waiver and Release shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident and/or illness during this event. I understand my right to refuse medical care and advice of medical providers; if my medical condition becomes such that my mental capacity is questioned, I hereby provide medical providers the right to recommend and initiate treatment. I understand and agree that I assume liability for any and all medical expenses incurred as a result of training for and/or participating in the event, including but not limited to, ambulance transport, hospital stays, physician and pharmaceutical goods and services.
I understand that at this event or related activities, I may be photographed. I agree to allow my photo, video or film likeness to be used for any legitimate purpose by the event holders, producers, sponsors, and organizers.
I hereby acknowledge that I have sole responsibility for my personal possessions and athletic equipment during the BHM 26.2 Marathon and Half Marathon event and its related activities.
I hereby acknowledge that the event is scheduled for a specific time period which allows for the completion of the race within a time reasonable for even novice runners. After the expiration of the race time period, certain services may no longer be provided, including, but not limited to, closures of the roadways on which the race occurs, posting of medical personnel along the race route and provision of law enforcement personnel to control the race staging/finishing area. I specifically acknowledge that my inability or failure to complete the race within the scheduled time period may result in the absence of any further provision of amenities or services provided by the entities previously listed and I assume all responsibility and liability should I continue to participate beyond the allotted race time.
For everyone's safety, baby joggers, strollers, baby carriers, baby backpacks, inline skates, motorized scooters, bicycles, skateboards, canes, crutches, walkers, walking sticks and animals of any kind are prohibited from the course. Violators will be disqualified, removed from the course, and transported to the finish line area.
I hereby certify that I have read this document, I understand its content and warrant that all statements herein are true and correct. I understand that all Releases have relied upon these statements in allowing me to participate in the event. I understand and agree that any dispute arising from this agreement shall be subject to arbitration in Birmingham, Alabama and the arbitration procedure shall be controlled by the rules of the American Arbitration Association. If the participant is a minor, the parent or guardian hereby certifies that the minor child participating in the event has permission to participate and that the minor child is in good physical condition to safely participate in the event.
Parent/Guardian hereby authorizes medical treatment for the minor child and grants access to the minor child’s medical records as necessary and as stated above.