2018 Harpoon Octoberfest Road Race
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Waiver of Liability and Indemnity Agreement
I agree that Mass. Bay Brewing Company, Inc., The Friends of Norris Cotton Cancer Center, USA Track & Field, G&C Development Corporation (collectively, the “Company”) and all of their respective officers, employees, directors, representatives, agents, affiliates and sponsors shall not be liable for, and shall be released, discharged and held harmless by me against all personal injury, property damage and wrongful death arising in whole or in part, directly or indirectly, from my participation in the Harpoon Octoberfest Road Race and its associated activities on October 7, 2018.
It is the purpose of this agreement to exempt, waive and relieve the Company and their officers, employees, directors, representatives, agents, affiliates and sponsors from liability for my personal injury, property damage and wrongful death, including if caused by negligence, including the negligence, if any, of the Company.
For and in consideration of my registration in the Harpoon Octoberfest Road Race, I waive, release and relinquish any and all claims for liability and cause(s) of action, including but not limited to claims for liability and cause(s) of action for personal injury, property damage or wrongful death occurring to me, arising out of my participation in the Harpoon Octoberfest Road Race and/or activities incidental thereto, whenever or however they occur and for such period said activities may continue, and by this agreement any such claims, rights, and causes of action that I may have are hereby waived, released and relinquished, and I do so on behalf of my spouse, family, heirs, executors, administrators and assigns.
I acknowledge, understand and assume all risk related to fitness exercise and any other activities affiliated with the Harpoon Octoberfest Road Race and understand that running involves risks to my person including bodily injury, partial or total disability, paralysis and death, and damages which may arise therefrom and that I have full knowledge of said risks. These risks and dangers may be caused by my negligence or the negligence of others, including the Company. These risks and dangers include, but are not limited to, those arising from motorists, road conditions, weather, equipment malfunctions, acts of God, and other runners. I further acknowledge that there may be risks and dangers not known to me or not reasonably foreseeable at this time. I acknowledge, understand, and agree that all of the risks and dangers described throughout this Agreement, including those caused by my negligence and/or the negligence of others, including that of the Company, are included within the waiver, release, and relinquishment described in the preceding paragraphs. I acknowledge that I will be running on public, not private, roadways, and agree to abide by and be bound by local and state traffic laws.
I agree if any claim for my personal injury or wrongful death is commenced against the Company, I shall defend, indemnify and save harmless the Company from any and all claims or causes of action by whomever or wherever made or presented for my personal injuries, property damage, or wrongful death.
The Company reserves its right to cancel the Harpoon Octoberfest Road Race at any time for any reason. Further, I acknowledge the Company may reject, at any time for any reason, any participant.
In the event that any provision of this Agreement shall be adjudicated to be void, illegal, invalid, or unenforceable, the remaining terms and provisions of this Agreement shall not be affected thereby, and each of such remaining terms and provisions shall be valid and enforceable to the fullest extent permitted by law.
PHOTO RELEASE: I represent that I am over the age of 21. I agree that photograph(s) of me (“Photographs”) may be taken by employees, agents, or representatives of the Company. I understand that the Photographs may be used in connection with the Company’s alcohol beverage advertising and marketing campaigns and hereby irrevocably and without reservation of rights grant to the Company and its licensees, agents, distributors, successors and assigns in perpetuity throughout the universe the unconditional and exclusive right to broadcast, distribute, exhibit, advertise, promote, publish, webcast, and otherwise use and commercially exploit the Photographs by any and all means, media, devices, processes and technology, whether now or known or hereafter developed, including, without limitation, print advertising and promotions, television, internet, publishing and merchandising. The Company shall be the exclusive owner of all right, title, and interest to the Photographs, without further consideration to and free of all claims and demands from me, and I agree that no use of the Photographs by the Company shall constitute any invasion of or intrusion onto my privacy. To the extent the Photographs constitute copyrightable works, the Company shall be the exclusive owner of all right, title, and interest thereto. I hereby assign all right, title and interest I have, if any, to the Photographs to the Company.
I acknowledges that I have been provided and have read the above paragraphs and have not relied upon any representations of the Company, that I am fully advised of the potential dangers of running and participating the Harpoon Octoberfest Road Race.