ASSUMPTION OF RISK AND RELEASE OF LIABILITY
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In exchange for being allowed to participate in the Birdtown Half Marathon, 8K, 4K and Lil' Birdie Fun Run and other valuable consideration, I (or my parent, legal guardian or other representative) agree as follows:
1. ASSUMPTION OF RISK: I understand that the Birdtown Half Marathon, 8K, 4K and Lil' Birdie Fun Run is a recreational activity and that my participation in it is voluntary. I understand that participation in the Birdtown Half Marathon, 8K, 4K and Lil' Birdie Fun Run carries with it certain risks, including, but not limited to, personal injury or death caused by, but not limited to, falls, contact with other participants or obstacles, course conditions, or weather. I acknowledge that by participating in the Birdtown Half Marathon, 8K, 4K and Lil' Birdie Fun Run, I appreciate and assume these risks and any other risk which I have knowledge of, appreciate and accept during the Birdtown Half Marathon, 8K, 4K and Lil’ Birdie Fun Run. I acknowledge that I am solely responsible for my physical and mental fitness, and that I should consult a physician or other medical professional before engaging in physical activity such as and including the Birdtown Half Marathon, 8K, 4K and Lil’ Birdie Fun Run.
2. RELEASE, HOLD HARMLESS, AND COVENANT NOT TO SUE: I agree to release, hold harmless, and covenant not to sue BIRDTOWN HALF MARATHON, 8K, 4K AND LIL’ BIRDIE FUN RUN, their employees, agents, assigns, or any volunteer, participant, or spectator of Birdtown Half Marathon, 8K, 4K and Lil’ Birdie Fun Run for any claim of ordinary negligence arising out of my participation in the Birdtown Half Marathon, 8K, 4K and Lil’ Birdie Fun Run. I understand that this release, hold harmless, and covenant not to sue is limited to claims for ordinary negligence and in no way shall be construed to release claims for conduct that constitutes greater than ordinary negligence, conduct that constitutes reckless or grossly negligent conduct, or willful, wanton or intentional acts, or claims I may have that are beyond simple negligence
3. PROMOTIONAL MATERIALS: I give permission to BIRDTOWN HALF MARATHON, 8K, 4K AND LIL’ BIRDIE FUN RUN to use my name, image, likeness or any other record of my participation in the Birdtown Half Marathon, 8K, 4K and Lil’ Birdie Fun Run for any promotional purposes without obligation or liability to me.
4. NO WAIVER OR ORAL MODIFICATION: I understand that this agreement may not be waived or modified in whole or in part except by written consent of the undersigned and the BIRDTOWN HALF MARATHON, 8K, 4K AND LIL’ BIRDIE FUN RUN. A waiver of one term shall not be construed either as a continuing waiver or waiver of any other term.
5. INTEGRATION: This document contains the entire final agreement of the parties and it supersedes all prior or contemporaneous agreements, representations, or understandings.
6. SEVERABILITY: In the event that any term of this agreement is held to be unenforceable, that holding shall not affect the enforceability of any other term.
7. ACKNOWLEDGMENT: I acknowledge that by signing this agreement, I am giving up certain legal rights. I understand that I should contact an attorney if I have questions about these rights. By signing this document, I acknowledge that I have read it and understand its contents. In the event of an illness, injury or medical emergency arising during the event I hereby authorize and give my consent to the Event Director 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.
8. RELEASE FOR PERSONAL LIKENESS: I understand that The Birdtown Group LLC, and/or those authorized by Birdtown Group LLC, will be (i) taking photographs, (ii) making audio recordings and (iii) video recordings of the Event and its related events. I hereby irrevocably consent to and grant Birdtown Group LLC, and/or anyone authorized by Birdtown Group LLC, the exclusive right to the ownership and use of any and all (i) photographs, (ii) audio recordings and/or (iii) video recordings containing my image or likeness, for any lawful purpose whatsoever in connection with Birdtown Group LLC and its related events.
9. ADDITIONAL TERMS: I understand the Event course, distance, location, and timeline can be changed at the discretion of the Related Parties. All distances are approximate by GPS measurements. The Event can be altered, postponed or cancelled for any reason including but not limited to: inclement weather, natural disturbances, police activity, acts/threats of terrorism, or other reasons beyond the Related Parties’ reasonable control. If the Event is cancelled or altered as described above, no refunds, credits or transfers will be issued, granted or permitted.
10. By submitting this entry, I acknowledge (or a parent or adult guardian for all children under 18 years) having read and agreed to the above release and waiver.
11. REFUND POLICY: I acknowledge that all information provided is accurate. I understand and accept that there are no refunds or transfers for any reason, including event cancellation. Registrations are not deferrable to another event, year, or individual.