YMCA’s EmergeOrtho 5K
Release, Indemnification of all Claims and Covenant Not to Sue 

NOTICE:  THIS IS A LEGALLY BINDING AGREEMENT.  By signing this agreement, you give up your right to bring a court action to recover compensation or obtain any other remedy for any injury to yourself or your property or for your death however caused arising out of your participation in EmergeOrtho5K now or at any time in the future.

Acknowledgment of Risk 

I HEREBY ACKNOWLEDGE AND AGREE that the YMCA’s EmergeOrtho 5K is an activity which poses several inherent risks.   I understand and acknowledge the physical and mental rigors associated with triathlon, duathlon, road-race’s or other multi-sport events, and realize that running, bicycling, swimming and other portions of such Events are inherently dangerous and represent an extreme test of a person’s physical and mental limits.  I understand that participation involves risks and dangers which include, without limitation, the potential for serious bodily injury, sickness and disease (including but not limited to communicable disease), permanent disability, paralysis and loss of life; loss of or damage to equipment/property; exposure to extreme conditions and circumstances; accidents, contact or collision with other participants, spectators, vehicles or other natural or manmade objects; dangers arising from adverse weather conditions; imperfect course conditions; water, road and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Event Organizers. I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others participating in the YMCA’s EmergeOrtho 5K, or the acts, inaction or negligence of the Released Parties defined below, and I hereby expressly and voluntarily choose to assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I incur as a result of my participation in the Event. I further acknowledge that the above list is not inclusive of all possible risks associated with the YMCA’s EmergeOrtho 5K and that the above list in no way limits the extent or reach of this release and covenant not to sue.

Release, Indemnification and Covenant Not to Sue 

In consideration of my participation in the YMCA’s EmergeOrtho 5K, I, the undersigned user, agree to release and on behalf of myself, my heirs, representatives, executors, administrators, and assigns, HEREBY DO RELEASE the Young Men’s Christian Association of Southeastern North Carolina, Inc., the University of North Carolina Wilmington, Full Send Racing, LLC, its officers, directors, agents, employees, volunteers and representatives (“Releasees”) from any causes of action, claims, or demands of any nature whatsoever, including but not limited to, claims of NEGLIGENCE, which I, my heirs, representatives, executors, administrators and assigns may have, now or in the future, against the Young Men’s Christian Association of Southeastern North Carolina, Inc., the University of North Carolina Wilmington, Full Send Racing, LLC on account of personal injury, property damage, death or accident of any kind, arising out of, or in any way related to, my participation in the YMCA’s EmergeOrtho 5K or the use of any associated equipment whether that participation and use is supervised or unsupervised, however the injury or damage is caused, including, but not limited to, the NEGLIGENCE of Releasees.

In consideration of my participation in the YMCA’s EmergeOrtho 5K, I, the undersigned user, agree to INDEMNIFY AND HOLD HARMLESS  the Releasees from any and all causes of action, claims, demands, losses, or costs of any nature whatsoever arising out of or in any way related to my participation in the YMCA’s EmergeOrtho 5K.

I hereby certify that I have full knowledge of the nature and extent of the risks inherent to the participation in the YMCA’s EmergeOrtho 5K and the use of any associated equipment and that I am voluntarily assuming said risks. I understand that I will be solely responsible for any loss or damage, including death, I sustain while participating in YMCA’s EmergeOrtho 5K or using any associated equipment and that, by this agreement, I am absolving the Young Men’s Christian Association of Southeastern North Carolina, Inc., the University of North Carolina Wilmington, Full Send Racing, LLC of all liability for such loss, damage, or death.

I, the undersigned, expressly agree that this document is intended to be as broad and inclusive as permitted by the law of North Carolina and that if any portion of the document is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. Furthermore, I expressly agree that this document shall be governed by and interpreted in accordance with the laws of North Carolina and that the courts of New Hanover County, North Carolina shall be the exclusive venue for any and all disputes relating to or arising from this document.

I certify that I am in good health and that I have no physical limitations which would preclude my safe participation in the YMCA’s EmergeOrtho 5K.

I further certify that I am of lawful age and otherwise legally competent to sign this agreement.  I further understand that the terms of this agreement are legally binding and certify that I am signing this agreement, after having carefully read it, of my own free will. No oral representations, statements or inducement apart from the foregoing written agreement have been made.

Consent to Medical Care.  I hereby consent to treatment in the event of an emergency or other incident in which, in the reasonable judgment of on-site and other personnel, I require medical care.  I further agree to pay all costs associated with such medical care and to indemnify and hold harmless the Young Men’s Christian Association of Southeastern North Carolina, Inc., the University of North Carolina Wilmington, Full Send Racing, LLC from any costs or claims arising from such medical care.