In consideration of you accepting this entry, I, the participant, intending to be legally bound do hereby waive and forever release any and all rights and claims for damages or injuries that I may have against the Event Director, RaceRise, Honor Flight Kentucky, Keeneland, RunSignup.com, Toyota Motor Manufacturing Kentucky, CHI Saint Joseph Health and all of their agents assisting with the event, sponsors and their representatives, volunteers, and employees for any and all injuries to me or my personal property. This release includes all injuries and/or damages suffered by me before, during, or after the event. I recognize, intend, and understand that this release is binding on my heirs, executors, administrators, or assignees.
I know that running a road race is a potentially hazardous activity. I should not enter and run unless I am medically able to do so and properly trained. I assume all risks associated with running in this event including, but not limited to: falls, contact with other participants, the effects of weather, traffic, and course conditions, and waive any and all claims which I might have based on any of those and other risks typical found in running a road race. I acknowledge all such risks are known and understood by me. I agree to abide by all decisions of any race official relative to my ability to safely complete the run. I certify as a material condition to my being permitted to enter this race that I am physically fit and sufficiently trained for the completion of this event and that a licensed Medical Doctor has verified my physical condition.
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.
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.
Further, I grant permission to all the foregoing to use my name, voice, and images of me in any photographs, motion pictures, results, publications or any other print, videographic, or electronic recording of this event for legitimate purposes.
KEENELAND ASSOCIATION INC. RELEASE
The individual named below (referred to as “I” or “me”) desires to participate in [EVENT] (the “Activity”) at Keeneland Association, Inc.’s (“Keeneland”) premises located at 4201 Versailles Road, Lexington, KY 40510 (the “Premises”). In consideration of being permitted to participate in the Event at the Premises, I (or, as applicable, my parent or legal guardian) agree(s) to all the terms and conditions set forth in this agreement (this “Release”).
I am aware and understand that the Activity is a potentially dangerous activity and involves serious risks, including, without limitation, death, bodily injury, disability, damage to personal property, and dangers resulting from injury or accident. I am also aware of the highly contagious nature of the 2019 novel coronavirus disease (“COVID-19”) and the risk that I may be exposed to or contract COVID-19 or other infectious diseases by engaging in the Activity, which may result in serious illness, personal injury, disability, and/or death. I acknowledge that each of the aforementioned risks may result from or be compounded by the actions, omissions, or negligence of Keeneland and its affiliates, each of their respective directors, officers, agents, employees, contractors, vendors, staff, and volunteers (collectively, the “Keeneland Parties”), the [HOST ORGANIZATION] (“Host”), the Host’s directors, officers, agents, employees, contractors, vendors, staff, volunteers, and follow participants in the Activity (collectively, the “Host Parties” and, with the Keeneland Parties, the “Released Parties”). I understand that while the Released Parties have implemented measures to reduce the risk of injury from the Activity and the spread of COVID-19 or other infectious diseases, the Released Parties cannot guarantee that I will not be injured or become infected with COVID-19 (or any other infectious disease) due to my participation in the Activity and that engaging in the Activity may increase my risk of bodily injury or of contracting COVID-19 or another infectious disease. NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF INJURY, ILLNESS, DISABILITY, AND/OR DEATH ARISING FROM THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF ANY OF THE RELEASED PARTIES.
I also attest that: (a) I am not experiencing any symptoms of COVID-19 or other illness, such as cough, shortness of breath or difficulty breathing, or new loss of taste or smell; (b) I have not traveled internationally within the last 14 days; (c) I have not traveled to a highly impacted area within the United States of America in the last 14 days; (d) to my knowledge, I have not been exposed to someone with a suspected and/or confirmed case of COVID-19; and (e) I have not been diagnosed with COVID-19 and not yet cleared as non-contagious by state or local public health authorities. I will comply with all federal, state and local laws, orders, directives, and guidelines while participating in the Activity. If at any time I believe conditions to be unsafe, that I am no longer in proper physical condition to participate in the Activity, or I begin experiencing symptoms of COVID-19, I will immediately discontinue further participation in the Activity. I agree to abide by all instructions as provided by Keeneland or Host and to abide by any decision of Keeneland or Host relative to any aspect of my participation in the Event, including, without limitation, the right of Keeneland or the Host to deny or suspend my participation in the Event for any reason whatsoever, or for no reason.
I hereby fully release and agree to hold each of the Released Parties harmless from, and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself (including death) that may be caused by any act, or failure to act of the Released Parties, or that may otherwise arise in any way in connection with my participation in the Activity. I understand that this Release discharges the Released Parties from any liability or claim that I, my heirs, or any personal representatives may have with respect to any bodily injury, illness, death, or medical treatment that may arise from, or in connection to, my participation in the Activity. I HEREBY ACKNOWLEDGE AND AGREE THAT I, INDIVIDUALLY AND/OR IN MY
CAPACITY AS PARENT/LEGAL GUARDIAN OF PARTICIPANT (AS APPLICABLE), WILL NOT INSTITUTE ANY SUIT OR ACTION AT LAW, OR OTHERWISE, AGAINST ANY OF THE RELEASED PARTIES OR INITIATE OR ASSIST IN THE PROSECUTION OF ANY CLAIM FOR DAMAGES, OR CAUSES OF ACTION, WHICH I, INDIVIDUALLY AND/OR IN MY CAPACITY AS PARENT/LEGAL GUARDIAN OF PARTICIPANT (AS APPLICABLE), MAY HAVE BY REASON OF INJURY OR DEATH TO PARTICIPANT OR DAMAGE TO PARTICIPANT’S PERSONAL PROPERTY RESULTING OR ARISING FROM PARTICIPANT’S PARTICIPATION IN THE EVENT. (Initials) ________
If any term, covenant, or condition of this Release is, to any extent, invalid, illegal, or unenforceable, I hereby agree that the remainder of this Release shall not be affected thereby, and shall, notwithstanding, remain binding, valid and enforceable to the fullest extent permitted by law.
I hereby authorize the Released Parties to take photographs, recordings, and/or videos (whether electronic, digital, or otherwise) of me in connection with the Event, and I hereby consent to the use, reproduction, and publication of such images by the Released Parties in connection with the promotion and publicity of their respective activities of the Released Parties, including, without limitation, publication of such images on a Released Parties’ website. I, individually and/or in my capacity as parent/legal guardian of participant (as applicable), hereby waive any right to inspect or approve the actual use by such Released Party of any such image. Such images shall be the sole property of the Released Party, and I, individually and/or in my capacity as parent/legal guardian of Participant (as applicable), acknowledge and agree that neither I nor participant shall be entitled to any compensation whatsoever should any such images be used by any of the Released Parties. (Initials)____________
I COVENANT, CERTIFY AND REPRESENT TO KEENELAND THAT I AM THE PARENT/LEGAL GUARDIAN OF PARTICIPANT (AS APPLICABLE) AND THAT I HAVE FULL LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF PARTICIPANT. I HAVE (I) FULLY READ THIS RELEASE, (II) FULLY UNDERSTAND ITS TERMS, AND (III) AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. I UNDERSTAND THAT I, ON MY OWN BEHALF AND/OR ON BEHALF OF PARTICIPANT (AS APPLICABLE), HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING THIS AGREEMENT. I, INDIVIDUALLY AND/OR IN MY CAPACITY AS PARENT/LEGAL GUARDIAN OF PARTICIPANT (AS APPLICABLE), SIGN THIS RELEASE FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME BY ANY OF THE RELEASED PARTIES. I INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY AGAINST THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY KENTUCKY LAW, WHICH SHALL GOVERN THIS RELEASE.