This Waiver and Release (the “Waiver and Release”) is a legally binding document. Read this waiver carefully and completely. You may wish to consult an attorney to obtain advice about this document. By your signature on this Waiver and Release, you confirm your acceptance of all terms and conditions in this document. You are referred to as the “undersigned” in this Waiver and Release.
IN CONSIDERATION of, and as an express condition to, the undersigned’s registration for and participation in DONNA Marathon Weekend scheduled to be held February 3 - 5, 2023 (the “Race”), the undersigned hereby agrees, warrants and covenants as follows:
1. Race Terms and Conditions. The undersigned certifies that he/she has carefully and completely read the entry form and the terms and conditions posted on www.theDONNAfoundation.org or available upon request for the Race published by The DONNA Foundation, Inc., a Florida nonprofit corporation (“DONNA”), including but not limited to all information about risk, preparation, medical condition, authorization for assistance, the rules concerning the Race, and the waiver and release of all claims (collectively, the “Terms and Conditions”). The undersigned certifies that he/she understands and agrees to comply with and be bound by all Terms and Conditions. The undersigned further agrees that that he/she will not enter and/or participate in the Race or any Race activities unless he/she is medically able and properly trained to do so. The undersigned understands that (i) as to the in-person Race, the designated Race course (the “Designated Course”) will be open to participants for a specified limited period of time only and (ii) as to the virtual Race, the Race is a self-directed and virtual “at-home” event and does not involve the undersigned attending a gathering of fellow registrants at a specific date, time and/or location. As to the in-person Race, the undersigned agrees to abide by any and all rules and guidelines established by DONNA and the Race as to the Designated Course, including but not limited to those related to timeframes and procedures. As to the virtual Race, the undersigned understands that the miles comprising the Race are to be completed on a course selected by the undersigned, in the undersigned’s discretion (the “Selected Course”), and not on any designated Race course and that DONNA will not provide any support or security measures. The undersigned agrees to abide by all laws, regulations, ordinances and guidance of the applicable government authorities with respect to the area(s) where the Designated Course and Selected Course are located (including but not limited to any pedestrian safety ordinances). The undersigned further agrees to abide by the Center for Disease Control’s (CDC) recommendations for the prevention of the spread of COVID-19 and that if the undersigned’s community has a shelter in place order, the undersigned will not run outside during the duration of same.
2. Waiver/Release. IN CONSIDERATION OF THE ACCEPTANCE OF THE UNDERSIGNED’S ENTRY AND PARTICIPATION IN THE RACE, THE UNDERSIGNED, (A) FOR HIMSELF/HERSELF, (B) HIS OR HER MINOR CHILDREN OR WARDS FOR WHICH THE UNDERSIGNED IS LEGAL GUARDIAN AND REGISTERING, AND (C) ANY OTHER PARTY THAT THE UNDERSIGNED IS REGISTERING ((A), (B) AND (C), COLLECTIVELY, THE “REGISTERED PARTIES” OR EACH A “REGISTERED PARTY”), AND EACH OF THEIR RESPECTIVE AND/OR COLLECTIVE PAST AND PRESENT HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, OR ANY ONE OF THEM, SEPARATELY OR JOINTLY (COLLECTIVELY, THE “RELEASORS”), DOES HEREBY FOREVER REMISE, RELEASE, ACQUIT, WAIVE, COVENANT NOT TO SUE, HOLD HARMLESS, AND FOREVER DISCHARGE DONNA, THE RACE AND ANY SPONSORS, VOLUNTEERS AND MEDICAL STAFF ASSOCIATED OR ASSISTING WITH THE RACE, TOGETHER WITH ANY AND ALL AFFILIATES, SUBSIDIARIES, SUCCESSORS, HEIRS, CONTRACTORS, SUBCONTRACTORS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, OWNERS, SHAREHOLDERS, AGENTS, EMPLOYEES, SPONSORS, VOLUNTEERS, ATTORNEYS, AND REPRESENTATIVES OF ANY OR ANY COMBINATION OF THE ABOVE LISTED PARTIES, OR ANY ONE OF THEM, SEPARATELY OR JOINTLY (COLLECTIVELY, THE “RELEASED PARTIES”), FROM, OF, AND AGAINST ANY AND ALL CLAIMS, DEMANDS, OBLIGATIONS, LOSSES, DAMAGES AND LIABILITIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER KNOWN, UNKNOWN, ACCRUED, OR UNACCRUED, INCLUDING BUT NOT LIMITED TO CLAIMS FOR NEGLIGENCE, PERSONAL INJURY, WRONGFUL DEATH, ILLNESS, AND/OR PROPERTY DAMAGE, THAT THE RELEASORS HAVE NOW, MAY HAVE HAD, MAY NOW HAVE, OR MAY HAVE IN THE FUTURE AGAINST THE RELEASED PARTIES ARISING FROM, CAUSED BY, OR IN ANY WAY CONNECTED OR RELATED, DIRECTLY OR INDIRECTLY, TO THE PARTICIPATION OF THE UNDERSIGNED, HIS OR HER MINOR CHILDREN OR WARDS FOR WHICH THE UNDERSIGNED IS LEGAL GUARDIAN AND REGISTERING, AND/OR ANY OTHER REGISTERED PARTIES IN THE RACE OR ANY OF ITS ALLIED OR ACCOMPANYING EVENTS, OR TO THE SELECTION OF THE SELECTED COURSE, WHETHER SUCH RELEASED CLAIMS, DEMANDS, OBLIGATIONS, LOSSES, DAMAGES AND/OR LIABILITIES ARE INCURRED OR SUFFERED BEFORE, DURING, OR AFTER THE RACE OR ANY OF ITS ALLIED OR ACCOMPANYING EVENTS.
3. Use of Image. The undersigned consents to the use of his/her image in photos, videos, audio recordings and film of the undersigned’s participation in the Race or any of its allied or accompanying events for all purposes, including marketing and promotions, and media including the Internet, social media, broadcast and print media.
4. Authority to Register and/or to Act as Agent. The undersigned hereby represents and warrants to DONNA that he/she has full legal authority to complete this Waiver and Release on behalf of the undersigned and his or her minor children or wards for which the undersigned is legal guardian and is registering, and any other Registered Party, including full authority to make use of the credit or debit card to which registration fees will be charged. If the undersigned is registering a child under the age of 18 or an incapacitated adult (to be a Race participant), the undersigned represents and warrants that he/she is the natural (parent) or otherwise legal guardian of that party and has the legal authority to enter into this Waiver and Release on such party’s behalf and by executing this Waiver and Release, the undersigned agrees that the terms of this Waiver and Release shall apply equally to such party. By registering his/her child under 18 for which the undersigned is legal guardian, the undersigned agrees and consents to the collection of that child's information which the undersigned provides for the purposes of registration.
5. Assumption of Risk. The undersigned understands that participation in the Race is potentially hazardous, and that the undersigned and any Registered Party should not participate unless they are medically able and properly trained. By signing this Waiver and Release, the undersigned represents and warrants that each Registered Party is medically able, properly trained, physically fit and capable of participating in an event like the Race and that the undersigned’s and/or Registered Party’s medical care provider has approved the participation of the undersigned and all Registered Parties in the Race. Participation in the Race carries with it certain inherent risks that cannot be eliminated completely which range from minor injuries (e.g. sprains, broken bones, cuts, torn muscles or ligaments) to catastrophic injuries including death. The undersigned represents and warrants that he/she and all Registered Parties are voluntarily participating in the Race with complete knowledge, assumption and acceptance of the associated risks, including, but not limited to, falls, injury (including death), contact with other participants, illness (including but not limited to COVID-19), the effects of weather (including high heat and/or humidity), traffic and the conditions of the road, and the undersigned and all Registered Parties accept and assume complete responsibility for all such risks and any damages or injuries related to such risks. The undersigned further understands that the Race may be held over public roads and facilities open to the public and upon which hazards are to be expected, and the undersigned and all Registered Parties accept and assume all risks associated therewith, including the risks of selecting the Selected Course for participants electing the self-directed and virtual “At-Home” option for this Race. THE UNDERSIGNED AND REGISTERED PARTIES, AFTER CAREFUL CONSIDERATION, EXPRESSLY ASSUME ALL RISKS OF LOSS, DAMAGE, ILLNESS AND INJURY (INCLUDING TO PERSONS AND PROPERTY, INCLUDING DEATH) THAT MAY BE SUSTAINED BY THE UNDERSIGNED AND/OR REGISTERED PARTIES IN CONNECTION WITH THEIR PARTICIPATION IN THE RACE, INCLUDING BUT NOT LIMITED TO THE RISKS DESCRIBED ABOVE AND INCLUDING THE NEGLIGENCE OF ANY PERSON, AND AGREES TO FOREVER RELEASE, WAIVE, DISCHARGE, AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY AND ALL LIABILITIES OR LOSSES ASSOCIATED WITH THESE RISKS AND COVENANT NOT TO SUE THE RELEASED PARTIES IN CONNECTION THEREWITH.
6. Entry Fee/Cancellation. The undersigned acknowledges and agrees that the entry fee for the Race (the “Entry Fee”) is non-refundable and non-transferable in all circumstances. DONNA reserves the right, in its sole discretion, to delay, postpone, change or cancel the Race if it believes the conditions are unsafe, or in the event of circumstances beyond DONNA’s control (such as a natural disaster or emergency), or as may be necessary, in DONNA’s sole discretion, to protect the safety of participants and/or staff. In the event the Race is delayed, postponed, changed, cancelled or prevented for any reason, including but not limited to for the reasons set forth above or by reason of fire, threatened or actual strike, labor difficulty, work stoppage, insurrection, war, public disaster, flood, unavoidable casualty, acts of God or the elements (including, without limitation, hurricanes, tornadoes and earthquakes), government measures, quarantine measures, orders, epidemics, pandemics (including, but not limited to COVID-19) or any other cause, the undersigned acknowledges and agrees that there shall be no refund of the Entry Fee or any other costs incurred by the undersigned or any other Registered Parties in connection with the Race.
7. Indemnification. The undersigned agrees to indemnify, defend, and hold each of the Released Parties harmless from and against any and all damages, penalties, judgments, liabilities, losses, claims, demands, and/or costs and expenses (including all expenses of litigation, court costs and reasonable attorneys’ fees incurred in all levels of litigation), of every kind and description to which any of the Released Parties may be subjected, by reasons of injury, illness, death or property damage (whether or not caused by the negligence of, or the fault of, any of the Released Parties), caused by, arising out of or in any way connected or related, directly or indirectly, with the undersigned’s and/or any other Registered Parties’ participation in the Race, selection of the Selected Course, violation of any of the Terms and Conditions or any of the provisions of this Waiver and Release, and/or breach of any representations and warranties in this Waiver and Release. This indemnity applies regardless of whether any such damage, injury, illness or death is caused by or contributed to by the negligence or fault of any of the Released Parties.
8. Applicable Law; Consent to Jurisdiction. By completing this event registration, both the undersigned and DONNA agree that the statutes and laws of the State of Florida, without regard to the conflict of laws principles thereof, will apply to all matters relating to the Race and this Waiver and Release. The undersigned agrees that exclusive jurisdiction and venue for any dispute with DONNA resides in the courts in Duval County, Florida and the undersigned further agrees and expressly consents (for himself/herself, his or her minor children or wards for which the undersigned is legal guardian and registering, and each other Registered Party) to the exercise of personal jurisdiction in Duval County, Florida in connection with any dispute that includes any claim involving the Race, this Waiver and Release, DONNA, any Released Party, and/or any of their telecommunication and/or content providers.
9. Severability. The undersigned expressly agrees that this Waiver and Release is intended to be as broad and inclusive as is permitted by the law of the State of Florida and that if any provision of this Waiver and Release shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Waiver and Release and shall not affect the validity and enforceability of the remaining provisions.
10. Waiver of Trial by Jury. THE UNDERSIGNED (FOR HIMSELF/HERSELF, HIS OR HER MINOR CHILDREN OR WARDS FOR WHICH THE UNDERSIGNED IS LEGAL GUARDIAN AND REGISTERING, AND EACH OTHER REGISTERED PARTY) HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ON ANY MATTERS WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE RACE, THIS WAIVER AND RELEASE AND/OR ANY RELATED COURSE OF DEALING, COURSE OF CONDUCT, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS.
BY INDICATING YOUR ACCEPTANCE OF THIS WAIVER AND RELEASE, YOU ARE AFFIRMING THAT YOU HAVE READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE SIGNING THIS WAIVER AND RELEASE FREELY AND VOLUNTARILY AND INTEND BY YOUR ACCEPTANCE FOR THIS TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
You acknowledge and agree that this Waiver and Release can be entered into electronically and is enforceable in accordance with laws applicable to the recognition of electronic signatures, and your electronic signature utilizing the designated method constitutes your signature, acceptance and agreement to the same as if physically signed in writing.
If the Race participant is under the age of 18, the undersigned represents and warrants that he/she is the natural or legal guardian of the Race participant and has the legal authority to enter into this Waiver and Release on his or her behalf. The undersigned further acknowledges receipt of the following notice:
NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF THE RELEASED PARTIES USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM THE RELEASED PARTIES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THE RELEASED PARTIES HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
I HAVE READ, UNDERSTOOD, AND AGREED TO THIS WAIVER AND RELEASE.