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X-Treme Fit Games - Punta Gorda - OCR

Punta Gorda, FL 33950

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Waiver

Please sign below to indicate your agreement to this Release & Waiver + Publicity Release (this “Release & Waiver”):

I AM AWARE AND UNDERSTAND THAT MY PARTICIPATION IN THE EVENT AND MY USE OF THE ORGANIZER’S AND HOST’S EQUIPMENT AND PROPERTY MAY BE DANGEROUS AND COULD INVOLVE THE RISK OF SERIOUS INJURY, EVEN DEATH. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN AT THE EVENT MAY BE COMPOUNDED BY NEGLIGENT OR GROSSLY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS BY OTHERS. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE EVENT WITH KNOWLEDGE OF THE POTENTIAL DANGERS INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY OR DEATH, WHETHER CAUSED BY THE NEGLIGENCE OR EVEN THE GROSS NEGLIGENCE OF THE ORGANIZER, THE HOST, OR OTHERS. I AM ALSO AWARE AND UNDERSATND THAT THE ORGANIZER HAS THE SOLE DISCRETION AND AUTHORITY TO ADOPT RULES THAT GOVERN THE EVENT, TO INTERPRET AND ENFORCE THOSE RULES, TO ASSESS PENALTIES (TO INCLUDE DISQUALIFICATION), TO SELECT WINNERS, AND TO AWARD PRIZES.  I FURTHER UNDERSTAND THAT THE ORGANIZER AND ITS SPONSORS DESIRE TO USE AND PUBLICIZE MY NAME, LIKENESS AND OTHER IDENTIFYING INFORMATION FOR ADVERTISING, PROMOTION, AND OTHER COMMERCIAL PURPOSES.

In exchange for the intangible value I will gain by participating in the Event, and other good and valuable consideration, the receipt and sufficiency of which I hereby acknowledge:

(A)            I hereby grant my irrevocable permission and license to the Organizer, Host, their affiliates, the respective successors and assigns, and their respective advertising agencies, sponsors, and other licensees ("Authorized Persons") the rights to photograph, record, digitize, reproduce, display, exhibit, broadcast, transmit, modify, edit, create derivative works, exploit, sell, license, and otherwise use, and permit others to use, my picture, image, likeness, name, voice, age, and other identifying information (“Image Rights”), and all materials created by or on behalf of any Authorized Persons that incorporate any of the foregoing ("Materials") in perpetuity throughout the universe in any medium or format whatsoever now existing or hereafter created, and on any platform and for any purpose, including but not limited to, advertising, public relations, publicity, and promotion of the Organizer and its affiliates and their HILDERVAT℠ races and other events, or of the Host and its facilities at which the Event is hosted, and any sponsors of either of the foregoing, without further consent from or additional compensation to me; and

(B)            I hereby waive and release any and all claims and liabilities, now known or hereafter known, against the Authorized Persons, their members, partners, owners, officers, employees, agents, and contractors, and all of their successors and assigns (collectively, "Releasees") on account of (a) injury, death, and property damage, arising out of or attributable to my presence at the Event and/or my participation in the Event, whether arising out of the negligence or gross negligence of any Releasees or otherwise, (b) the Organizer’s adoption, interpretation, and enforcement of any Event rule, assessment of any penalty (to include disqualification), selection of winners, and award of prizes, as well as Organizer’s failure to do any of the foregoing, and (c) any Authorized Persons’ use of my Image Rights or any Materials described in (A) above  (together, the “Released Claims”). I covenant not to make or bring any Released Claim against any Releasee, and forever release and discharge all Releasees from liability under such claims.  It is my intent that this Release & Waiver will bind myself and my personal representatives, spouse, assigns, heirs, and next of kin without limitation, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE all Releasees in connection with the Released Claims.    

I hereby consent to receive medical treatment which may be deemed necessary in the event of any illness, accident, or injury, or medical emergency resulting from or in connection with my presence at, or participation in, the Event, and I understand that I am solely responsible for all costs related to such medical treatment and medical transportation.

I agree that I cannot terminate or rescind this Release & Waiver.  It is my desire and intent that the terms, provisions, covenants, and remedies contained in this Release & Waiver be enforceable to the fullest extent permitted by applicable law.  This Release & Waiver constitutes the sole and entire agreement between the Organizer, Host, and me with respect to the Released Claims and supersedes all prior and contemporaneous understandings and agreements, written and oral, with respect to the Released Claims; provided, however, that if I have signed Organizer’s COVID-19 Release & Waiver, and/or Organizer’s Multi-Event Publicity Release, then such other document shall take precedence over the provisions of this Release & Waiver solely with respect to the specific subject matter thereof. If any term or provision of this Release & Waiver is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Release & Waiver or invalidate or render unenforceable such term or provision in any other jurisdiction. The Organizer or the Host may assign this Release & Waiver and its respective rights hereunder, in whole or in part, to any party. This Release & Waiver is binding on and inures to the benefit of our respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. All matters arising out of or relating to this Release & Waiver shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction). Any claim or cause of action arising under this Release & Waiver may be brought only in the federal and state courts located in Duval County, and I hereby irrevocably consent to the exclusive jurisdiction of such courts.

BY SIGNING, I ACKNOWLEDGE THAT I AM AT LEAST 18 YEARS OF AGE (OR ELSE I HAVE OBTAINED THE SIGNATURE OF MY PARENT OR LEGAL GUARDIAN IN THE SPACE PROVIDED), AND THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE & WAIVER AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE ORGANIZER AND THE HOST. 

In consideration of you accepting this entry, I, the participant, intending to be legally bound and hereby waive or release any and all right and claims for damages or injuries that I may have against the PRS Race Timing, LLC, Event Director, RunSignUp.com, Race Promoters, Local Municipalities, Sponsors, and all of their agents assisting with the event, sponsors and their representatives 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. By indicating your acceptance, you understand, agree, warrant and covenant as follows: I know that running a race is a potentially hazardous activity which could cause injury or death. I should not enter and participate unless I am medically able and properly trained, and by my signature, I certify that I am medically able to perform this event, am in good health, and am properly trained. I agree to abide by any decision of a race official relative to any aspect of my participation in this event, including the right of any official to deny or suspend my participation for any reason whatsoever. I assume all risks associated with running in this event, including but not limited to: falls, contact with other participants, the effects of the weather, including high heat and /or humidity, traffic and the conditions of the road and/or beach, all such risks being known and appreciated by me. I understand that bicycles, skateboards, roller skates or blades, animals and radio headsets are not allowed in the race. I also understand that if this event is canceled or rescheduled for any reason that my entry fee will not be refunded. I grant permission for this event's organizers to take pictures and or videos of me during this event and agree for this event to use any photos or videos of me that may be taken during my participation. I will abide by these guidelines. Having read this waiver and knowing these facts and in consideration of your accepting my entry, I, for myself and anyone entitled to act on my behalf, waive and release the Organizers of this event and all sponsors, their representatives and successors from all claims or liabilities of any kind arising out of my participation in this event, even though that liability may arise out of negligence or carelessness on the part of the persons named in this waiver. 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 my physical condition has been verified by a licensed Medical Doctor. 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 waiver.

 

Please sign below to indicate your agreement to this Release & Waiver (this “Release & Waiver”):

I ACKNOWLEDGE THAT ORGANIZER AND HOST ARE TAKING REASONABLE MEASURES IN AN EFFORT TO PROTECT EVENT PARTICIPANTS, VOLUNTEERS, AND SPECTATORS, UNDER THE DIFFICULT CIRCUMSTANCES OF THE COVID-19 OUTBREAK.  STILL, I UNDERSTAND THERE ARE CERTAIN RISKS INHERENT IN PARTICIPATING IN OR ATTENDING THE EVENT DURING THE OUTBREAK.  I KNOW MY PRESENCE AT THE EVENT MAY EXPOSE ME TO VARIOUS VIRUSES OR INFECTIONS THAT COULD BE DANGEROUS OR EVEN DEADLY.  I AM AWARE OF ALL POTENTIAL DANGERS INVOLVED, AND I HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF DISEASE, INFECTION, OR RESULTING DEATH, EVEN IF CAUSED BY THE NEGLIGENCE OF ORGANIZER, HOST, OR OTHERS.  I FURTHER ACKNOWLEDGE THAT ANY DISEASE OR INFECTION THAT I SUSTAIN WHILE AT THE EVENT MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS. 

I UNDERSTAND THAT I AM RESPONSIBLE FOR MY OWN COMPLIANCE WITH SOCIAL DISTANCING GUIDELINES AND MY OWN USE OF PERSONAL PROTECTIVE EQUIPMENT WHILE AT THE EVENT.    

IF I BECOME AWARE OF CONDITIONS AT THE EVENT THAT ARE LIKELY TO EXPOSE ME OR OTHERS TO COVID-19 OR SIMILAR VIRUSES OR INFECTIONS, I HAVE BEEN INSTRUCTED TO INFORM THE ORGANIZER.  

In exchange for the intangible value I will gain by participating in the Event, and other good and valuable consideration, the receipt and sufficiency of which I hereby acknowledge:

I hereby waive and release any and all claims and liabilities, now known or hereafter known, against the Organizer, the Host, their affiliates, their respective successors and assigns, and each of their members, partners, shareholders, owners, officers, employees, agents, and contractors (collectively, "Releasees") on account of any disease, infection, or death resulting therefrom, arising out of, or attributable to my participation in the Event and/or my attendance at the Event during the continuance of COVID-19 the outbreak (together, the “Released Claims”). I covenant not to make or bring any Released Claim against any Releasee, and forever release and discharge all Releasees from liability under such claims.  It is my intent that this Release & Waiver will bind myself and my personal representatives, spouse, assigns, heirs, and next of kin without limitation, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE all Releasees in connection with the Released Claims.    

I hereby consent to receive medical treatment which may be deemed necessary in the event of any illness, accident, or injury, or medical emergency resulting from or in connection with my presence at, or participation in, the Event, and I understand that I am solely responsible for all costs related to such medical treatment and medical transportation.

I agree that I cannot terminate or rescind this Release & Waiver.  It is my desire and intent that the terms, provisions, covenants, and remedies contained in this Release & Waiver be enforceable to the fullest extent permitted by applicable law.  This Release & Waiver constitutes the sole and entire agreement between the Organizer, Host, and me with respect to the Released Claims and supersedes all prior and contemporaneous understandings and agreements, written and oral, with respect to the Released Claims. If any term or provision of this Release & Waiver is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Release & Waiver or invalidate or render unenforceable such term or provision in any other jurisdiction. The Organizer or the Host may assign this Release & Waiver and its respective rights hereunder, in whole or in part, to any party. This Release & Waiver is binding on and inures to the benefit of our respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. All matters arising out of or relating to this Release & Waiver shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction). Any claim or cause of action arising under this Release & Waiver may be brought only in the federal and state courts located in Duval County, and I hereby irrevocably consent to the exclusive jurisdiction of such courts.

BY SIGNING, I ACKNOWLEDGE THAT I AM AT LEAST 18 YEARS OF AGE (OR ELSE I HAVE OBTAINED THE SIGNATURE OF MY PARENT OR LEGAL GUARDIAN IN THE SPACE PROVIDED), AND THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE & WAIVER AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE ORGANIZER AND THE HOST. 




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