In consideration for gaining access to the 5k run, walk and Fun Dash (collectively “games”) located on the campus’ of NEUMANN University and The Sisters of St Francis Philadelphia, Aston, PA 19014, (the “Location”) on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representatives, estate, and insurers, I hereby release, Indemnify, hold harmless, and discharge NEUMANN(NEUMANN) and The Sisters of St Francis of Philadelphia (the SISTERS), their agents, owners, officers, affiliates, volunteers, participants, employees, Independent contractors, insurers and all other persons or entities acting in any capacity on their behalf (herein after collectively referred to as “NEUMANN AND THE SISTERS”), as follows:
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1. I acknowledge that my participation in NEUMANN AND THE SISTERS games or activities, including but not limited to walking, running, jumping, dashing and stretching entails known and unanticipated risks conditions and hazards that could result in physical or emotional injury including, but not limited to broken bones, sprained or torn ligaments, paralysis, death, or other bodily injury or property damage to myself, or to third parties, and further that these and other injuries may be caused by roadways, pavements, equipment and apparatuses used in NEUMANN AND THE SISTERS games. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary and I elect to participate in spite of the risks.
2. If I and/or my child are injured, I acknowledge that I and/or my child(ren) may require medical assistance, which I acknowledge will be at my and/or my child(ren)’s own expense or the expense of my personal insurer(s). I hereby represent and affirm that I and/or my child(ren) have adequate and appropriate insurance to provide coverage for such medical expense. I UNDERSTAND AND AGREE THAT NEUMANN AND THE SISTERS WILL NOT PAY FOR ANY COST OR EXPENSES INCURRED BY ME AND/OR MY CHILD(REN) IF I AND/OR MY CHILD(REN) ARE INJURED.
3. I hereby voluntarily release, forever discharge, and agree to defend, indemnify, and hold harmless NEUMANN AND THE SISTERS from any and all claims, demands, or causes of action, which are in any way connected with my and/or my child(ren)’s participation in NEUMANN AND THE SISTERS games and activities including but not limited to walking, running, jumping, dashing and stretching and/or my and/or my child(ren)’s use of NEUMANN AND THE SISTERS roadways, pavements, equipment or facilities including, but not limited to, roadways, streets, pavements, sidewalks and fields. Should NEUMANN AND THE SISTERS become subject to any claims, demands or causes of action brought by my spouse, my children, my parents, my heirs, assigns, personal representatives, or any other member of my immediate family, which are in any way connected with my and/or my child(ren)’s participation in NEUMANN AND THE SISTERS activities including but not limited to jumping, bouncing, flipping, running, zipping, climbing, rappelling, and/or my child(ren)’s use of NEUMANN AND THE SISTERS equipment or facilities including but not limited to rented zip lines, bouncing slides and rock walls.
4. I agree to indemnify and hold harmless NEUMANN AND THE SISTERS from such claims, demands and causes of actions. Should NEUMANN AND THE SISTERS or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this Agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I and/or my child(ren) are physically able to participate in all activities and games at NEUMANN and the Sisters without aid or assistance. I further certify that I am willing to assume the risk of any medical or physical condition that I and/or my child(ren) may have.
6. I acknowledge that I have read the rules, (the “NEUMANN AND THE SISTERS Rules”) governing my and/or my child(ren)’s participation in any activities at the Location. I certify that I have explained the NEUMANN AND THE SISTERS Rules to the child(ren) listed in this waiver. I understand that the NEUMANN Rules have been implemented for the safety of all guests at the Location, including myself and/or my child(ren). I acknowledge that failure to follow the rules could result in the expulsion of myself and/or my child(ren) from the NEUMANN Games. I understand that I will abide by all weight and age restrictions, as required under these rules by myself and/or my children.
7. I agree that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
8. I grant NEUMANN AND THE SISTERS the right, without reservation or limitation, to photograph, videotape, and/or record me and/or my child(ren) and to use my or my child(ren)’s name, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising, of commercial uses, and promotional materials.
9. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against NEUMANN AND THE SISTERS on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I understand this Agreement and I voluntarily agree to be bound by its terms.