I am aware that running or walking a road race is a potentially hazardous activity. I attest that I am medically able and properly trained for the RH Kicking Hunger 5K Run/Walk and agree to abide by any decisions of race officials relative to my ability to safely complete the run/walk. I am participating at my own risk and waive all claims of every nature against the organizers, officials, sponsors, and any other participating agencies with respect to any personal loss, illness, bodily injury or death resulting from participating in these activities. I assume all risks associated with participating in this event, including, but not limited to, falls, medical issues, contact with other participants, effects of weather, traffic and conditions of the road, all such risks being known and appreciated by me. I, having read this waiver and knowing these facts and in consideration of your accepting my entry, for myself and anyone entitled to act on my behalf or whose behalf I am acting on, waive and release the Rush-Henrietta Rotary, RHAFT, the Town of Henrietta including the Recreation Department, the Rush-Henrietta Central School District, the Monroe County Sheriff’s Department, the New York State Department of Transportation, USATF, Robinhood Racing, all sponsors (including their officers, employees, agents, representatives and successors), all race committee members, race organizers, race volunteers, race officials, and any other group or individual involved in any and all aspects of the RH Kicking Hunger 5K Run/Walk from all claims or liabilities of any kind resulting from my participation in this event even though that liability may arise out of negligence or carelessness on the part of the persons named in this Waiver. Furthermore, I release all parties mentioned above from liability in regard to not following HIPPA regulations concerning any medical information provided by me. I grant permission to all foregoing groups and individuals to use any photographs, motion pictures, recordings, or any other record of this event for legitimate purposes. In the event that inclement weather conditions should require cancellation of the race at any point or early termination after it has started because of safety concerns, I understand that the race WILL NOT be rescheduled. I also understand and agree that my entry fee WILL NOT be refunded. If any provision or stipulation of this Waiver is held to be unlawful, void, or for any reason unenforceable, then that provision or stipulation shall be deemed sever-able from this Waiver and shall not affect the validity and enforce-ability of any remaining provisions or stipulations. I ALSO AGREE TO FOLLOW ANY, AND ALL, HEALTH SAFETY GUIDELINES PUT IN PLACE BY RACE ORGANIZERS AND/OR THE TOWN OF HENRIETTA. 

For and in consideration of the Rush-Henrietta Kicking Hunger 5K allowing me, the undersigned, to participate in the event described above (the “Event” or “Events”); I, for myself, and on behalf of my spouse, children, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement (the “Agreement”);
1. I hereby represent that (i) I am at least eighteen (18) years of age or older; (ii) I am in good health and in proper physical condition to participate in the Event; and (iii) I am not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in the Event. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Event, that I am
responsible for my own safety and well being at all times and under all circumstances while at the Event site.
2. I understand and acknowledge that participation in track & field, road running, race walking, cross country, mountain, ultra, and trail running Events is inherently dangerous and represents an extreme test of a person’s physical and mental limits. I understand and acknowledge the risks and dangers associated with participation in the Event and sport of track & field and related activities, including without limitation, the potential for serious bodily injury, sickness and disease, permanent disability, paralysis and loss of life; loss of or damage to equipment/property; exposure to extreme conditions and circumstances; contact with other participants, spectators, animals or other natural or man made objects; dangers arising from adverse weather conditions; imperfect course or track conditions; land, water and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Event Organizers; and other undefined, not readily foreseeable and presently unknown risks and dangers (“Risks”). I understand that these Risks may be caused in whole or in part by my own actions or in actions, the actions or in actions of others participating in the Event, or the negligent acts or omissions of the Released Parties defined below, and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I incur as a result of my participation in any Event.
3. I agree to be familiar with and to abide by the Rules and Regulations established for the Event, including but not limited to the Competitive Rules adopted by USA Track & Field and any safety regulations established for the benefit of all participants. I accept sole responsibility for my own conduct and actions while participating in the Event, and the condition and adequacy of my equipment.
4. I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: USA Track & Field, Inc., its members,member clubs, associations, sport disciplines and divisions;United States Olympic Committee (USOC); the Event Directors,Organizers and Promoters, Sponsors, Advertisers, Coaches and Officials; the Host Organization and the Facility, Venue and Property Owners or Operators upon which the Event takes place; Law Enforcement Agencies and other Public Entities providing support for the Event; and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers (Individually and Collectively, the “Released Parties” or “Event Organizers”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or
expense (including court costs and reasonable attorneys fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate in any way to my participation in the Event, including claims for Liability caused in whole or in part by the negligent acts or omissions of the Released Parties. I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liabilities which any may be incurred as the result of such claim.
I hereby warrant that I am of legal age and competent to enter into this Agreement, that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it (including the rights of my spouse, children, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have signed this Agreement without any inducement, assurance or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed sever-able from this Agreement and shall not affect the validity and enforce-ability of any remaining provisions.