ASSUMPTION OF RISK – ACCIDENT WAIVER, RELEASE AND HOLD HARMLESS – AGREEMENT TO DEFEND AND INDEMNIFY:
As a condition of registering for and/or participating in the Bear Run (hereinafter “Event”), or registering for another minor or adult participant, I hereby agree to this Assumption of Risk - Accident Waiver, Release and Hold Harmless – Agreement to Defend and Indemnify (hereinafter “Agreement”) as follows:
I assume all risks of my participation in this Event, and if I am signing on behalf of a minor or any other party, I assume all risks of that minor or other party participating in the Event. I also agree to defend, indemnify, and hold harmless the following parties (hereinafter “Parties”): Tortoise and Hare and its owners, agents, employees, and volunteers; the Tahoma Cross Country Running Club and its board members, agents, and volunteers; all property owners upon which the Event is conducted; all vendors and sponsors of the Event; and each and every owner, official, employee, agent and volunteers;
all property owners upon which the Event is conducted; all venders and sponsors of the Event; and each and every owner, official, employee, agent and volunteer of the aforementioned.
I acknowledge that the Event is an extreme test of a person’s physical and mental limits, carries with it health risks, and carries with it the potential for death, serious injury and property loss. The risks include, but are not limited to, those caused by: terrain, including uneven surfaces, holes, rocks, cracks, roots and other objects; defects in facilities including sidewalks, roads, trails, pathways, parking areas, gates, fences, bathrooms, docks, grass areas; participants including trampling, tripping, colliding, falling; spectators; volunteers and course directors and monitors; Event officials and producers; theft; and pedestrian and vehicular traffic on the roadways and pathways on or near the Event course. I hereby assume all the risks for my participating in this Event, whether the risks are listed here or not.
I also assume all the risks for any person who I registered for this Event, whether the risks are listed here or not.
On behalf of myself, my executors, administrators, heirs, next of kin, successors and assigns, and on behalf of any person who I register, including their executors, administrators, heirs, next of kin, successors and assigns, I hereby agree as follows: (A) I Waive, Release and Hold Harmless the Parties from any and all liability for my death, disability, personal injury, property damage, property theft, or actions of any kind which may occur as a result in my registration for, participation in, or traveling to or from the Event; (B) I Waive, Release and Hold Harmless the Parties from any and all liability for the death, disability, personal injury, property damage, property theft, or actions of any kind which may occur as a result the registration for, participation in, or traveling to or from the Event of any other person who I registered for this Event;
(C) I Indemnify and agree to Defend in any and all actions the Parties from any and all liabilities, claims, damages, or lawsuits, which are brought by me or any person who I register, including but not limited to minors, who I register; (D) I Indemnify and agree to Defend in any actions the Parties from any and all liabilities, claims, damages, or lawsuits, which are brought by another person against the Parties as a result of my actions or in actions at the Event and while traveling to and from the Event.
I certify that all persons who I register for this Event are physically capable of participating in the Event, and have not been advised otherwise. I hereby consent to receive medical treatment, which may be deemed advisable in the event of injury, accident and/or illness during the Event, and consent to medical treatment on behalf of anyone I register.
I acknowledge and certify that: (A) this Agreement governs the responsibilities of the Parties at and following this Event; (B) this Agreement shall be construed broadly, and to the maximum extent permissible under law, shall prohibit me from recovering, and any person who I register from recovering, from the Parties any damages, awards, fees, costs, attorneys’ fees or other sums of money that would otherwise be due as a result of the death, disability, personal injury, property damage, property theft, or actions of any kind to me or a person who I register; and (C) that for any adult who I register, they have read this Agreement, and agree to all of its terms as if they had registered for themselves.
I agree the Parties may use and publish my name, image, and photographs, videos, or any other record of my participation in the Event for race commercial purposes including but not limited to newspaper, website, brochures, fliers, radio, and television as well as do the same for those who I register.
I hereby certify that I have read this Agreement, understand its content, and agree to be bound by its terms. Additionally, I have read the rules, disclaimer and course descriptions on this Event’s website and agree to the terms stated therein.