In consideration of being allowed to participate in the K2K5K and its related events and activities (collectively "K2K5K"), I represent and warrant to the K2K5K that I have full legal authority to complete the registration for the event, including this Waiver, Release of Liability and Assumption of Risk (“Waiver”), on behalf of myself and/or any party for whom I am registering, I, the undersigned, acknowledge, appreciate and agree that:
1. While participating in K2K5K, I will be using public streets and facilities where many hazards exist and I am aware of and appreciate the risks that may result.
2. The risk of injury from participation in K2K5K may be significant, including the potential for severe dehydration, permanent paralysis and death, and while particular rules, safety initiatives, equipment and personal discipline may reduce this risk, the risk of serious injury does exist.
3. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, associated with participating in K2K5K, and, understanding such risks, voluntarily desire to participate in K2K5K.
4. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS of participating in K2K5K EVEN IF SUCH RISKS ARISE FROM THE NEGLIGENT CONDUCT OF THE RELEASEES (defined below) or others, and whether or not such risks are covered by my personal health or other types of insurance; and I assume full responsibility for my participation in K2K5K.
5. I acknowledge that I, and I alone, am solely responsible for my personal health and safety and the personal property I bring with me.
6. I am physically capable of participating in K2K5K. If I am aware of or under treatment for any physical infirmity, ailment or illness, I will obtain my medical care provider's approval to participate in K2K5K and I will maintain personal health insurance while participating in K2K5K. I further understand that I may be asked to provide a doctor's note or other proof that my primary health care provider has permitted me to participate in K2K5K.
7. I consent to treatment in the event of an emergency or other incident in which, in the reasonable judgment of the on-site personnel, I require medical care.
8. I willingly agree to comply with the stated and customary terms and conditions for participation in K2K5K. If, however, I observe any unusual significant hazard during my presence at or participation in K2K5K, I will remove myself from participation and bring such hazard to the attention of the nearest official immediately.
9. I, on behalf of myself and my heirs, assigns, personal representatives, administrators, estate and next of kin, HEREBY VOLUNTARILY, IRREVOCABLY AND FOREVER: (i) RELEASE Kickoff To Kinnick, University of Iowa, University of Iowa Dance Marathon, 4theKidz, GreenState Credit Union and all other sponsors, Cadence Sports, Inc. and all of its subsidiaries, and each volunteer of the K2K5K, each owner and/or lessor of any premises, property or piece of equipment used to conduct K2K5K, each of the foregoing parties' respective parent, subsidiaries and affiliates, and each of the foregoing parties' respective current and former owners, partners, members, officers, directors, trustees, employees, agents, volunteers, officials, representatives, successors, assigns and other participants (collectively, "RELEASEES"), FROM ANY AND ALL LIABILITY WHATSOEVER, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ANY AND ALL INJURIES, DISABILITIES, DEATH, LOSSES OR DAMAGES TO PERSON OR PROPERTY, ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH MY PARTICIPATION IN K2K5K, WHETHER OR NOT CAUSED BY THE ACTIVE OR PASSIVE NEGLIGENCE OR OTHER FAULT OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law; (ii) WAIVE MY RIGHT TO SUE OR MAKE ANY DEMAND WHATSOEVER against any RELEASEE for any damages or losses arising, directly or indirectly, in connection with my participation in K2K5K; (iii) AGREE NEVER TO SUE ANY RELEASEE asserting any claim for damages or losses suffered, directly or indirectly, in connection with my participation in K2K5K; and (iv) AGREE TO INDEMNIFY AND HOLD EACH RELEASEE HARMLESS from any and all claims, demands, suits, damages, expenses, costs, liabilities, judgments, settlements and losses of any and every kind suffered or incurred by any RELEASEE and arising, directly or indirectly, in connection with my participation in K2K5K.
10. I understand this Waiver, Release of Liability and Assumption of Risk inures to the express benefit of the RELEASEES and may be relied upon and enforced by any RELEASEE. I also understand that the effectiveness of this Waiver shall indefinitely survive my participation in K2K5K.
11. I understand that my name, photograph, voice or likeness may be used by the RELEASEES for informational, educational, promotional and/or publicity purposes, among others, including but not limited to use on websites or in publications, displays, newspapers, magazines, advertisements, reports, videotapes, audiotapes and other media. I consent to and authorize, in advance, all such uses and waive all rights of privacy I have in connection therewith. I further understand that I will not be compensated for any such use. I also agree to release the RELEASEES from any and all liability arising out of or connected to the use of my name, photograph, voice or likeness as stated above.
12. I agree to receive event related text messaging pertaining to emergency management situations only. This includes, but not limited to; inclement weather, act of god situations.
13. I acknowledge the contagious nature of the SARS-CoV-2 virus (the “novel coronavirus”) and voluntarily assume the risk that I, on behalf of myself, and, if applicable, my Ward, may be exposed to or infected by the novel coronavirus by attending and/or participating in the Event, and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to the novel coronavirus or persons with the COVID-19 disease at the Event may result from the actions, omissions, or negligence of myself and others, including, but not limited to, other Participants or any Releasee. I knowingly and voluntarily agree to comply with and adhere to all necessary and required COVID-19-related safety and risk mitigation practices during my attendance and participation in the Event, whether communicated verbally or in writing. Such practices may include, but are not limited to: (i) recognized social distancing practices (i.e. maintaining 6-feet of space between myself and other individuals); (ii) wearing a proper face mask, and (iii) washing hands and/or using hand sanitizer frequently and avoiding touching of the face. I acknowledge and agree that my, or my Ward’s, compliance with these safety and mitigation practices is not only for my own benefit but also for the benefit of other Participants and the RELEASEE parties at the Event. I voluntarily assume the risk that I, on behalf of myself, and, if applicable, my Ward, may be exposed to the novel coronavirus or persons with the COVID-19 disease as a result of a failure to comply with such practices. Further, notwithstanding the foregoing, I agree that I will neither attend nor participate in an Event if I have: (i) tested positive for COVID-19; (ii) shown any symptoms of COVID-19; or (iii) have been in close contact with a person known to have COVID-19 (or any known symptoms thereof).
I HAVE CAREFULLY READ THIS WAIVER, FULLY UNDERSTAND THE TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO THE TERMS, AND AGREE TO THE TERMS FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. I AM AWARE THAT BY SIGNING THIS WAIVER, RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT OR BY SELECTING THE "I AGREE" BUTTON DURING THE ON-LINE REGISTRATION PROCESS, I AM AGREEING TO ITS TERMS, INCLUDING WAIVING SIGNIFICANT LEGAL RIGHTS. KNOWING THIS, I AGREE TO THESE TERMS OF MY OWN FREE WILL.