In return for the participant (the "Participant") being allowed to register for and participate in the 2023 Western and Southern Thanksgiving Day Race (the "Event"), Participant consents and agrees to the terms and conditions set forth below (the "Terms and Conditions").
1. Participant Acknowledgements. By registering for the Event, Participant certifies that: (i) Participant is of legal age and is freely agreeing to these Terms and Conditions without any inducement or assurance of any nature and (ii) Participant has read these Terms and Conditions and understands that, by agreeing to these Terms and Conditions and participating in the Event, Participant is giving up certain legal rights and remedies. By agreeing to these Terms and Conditions, Participant certifies that Participant has read these Terms and Conditions and understands that participation in the Event is subject to and conditioned upon compliance with these Terms and Conditions. Participant agrees to follow all Event rules, including without limitation, any and all house rules of TQL Stadium.
2. Assumption of Risk; Emergency Medical Treatment. Participant acknowledges and agrees that (i) Participant is in good condition physically and has not been advised or cautioned against participation in the Event by Participant's doctor or any other medical practitioner, and (ii) Participant is in excellent physical health and may participate in strenuous and hazardous physical activities, including long distance running. Participant acknowledges the dangers inherent in participating in the Event, including without limitation personal injury, serious injury, death, permanent disability, negligent first aid or emergency measures, weather-related hazards, natural hazards, dangerous course conditions, and vehicular traffic. By agreeing to these Terms and Conditions and participating in the Event, Participant voluntarily and knowingly assumes all of the risks associated with participating in the Event. Participant hereby grants permission for Participant to receive any and all emergency medical/dental treatment and/or first aid, including authorizing any medical treatment facility/hospital to administer emergency treatment for any illness, injury or accident incurred during participation in the Event. Participant acknowledges responsibility for all charges in connection with the care and treatment rendered.
3. Release of Liability. In return for the Participant being allowed to participate in the Event, Participant on behalf of itself and each of the of the other Releasors (as defined below), hereby releases and agrees not to sue Cincy TDR LLC, West End Ventures, LLC, TQL Stadium, Fussball Club Cincinnati, LLC, FC Cincinnati Holdings, LLC, the City of Cincinnati and any other city or town in which the Event is held, the Event, and each of the respective affiliates and each of the employees, officers, directors, members, managers, direct and indirect owners, sub-contractors, business partners and agents of each of the foregoing entities, and all other participants, operators, vendors, agencies, sponsors, advertisers, and owners and lessees of premises used in connection with or related to the Event (collectively, the "Released Parties") from or for, as applicable, all present and future liabilities, claims and causes of action of any kind, whether at law or in equity, that may be made by Participant and/or Participant's family members, estate, heirs, or assigns (collectively, "Releasors") arising in any way as a result of or in connection with the Participant's participation in the Event, wherever, whenever, or however the same may occur, including but not limited to actions for property damage, personal injury or wrongful death. Participant agrees that the Released Parties are not responsible for any death, injury or property damage arising out of or related to the Event, EVEN IF CAUSED BY THEIR OWN NEGLIGENCE. Participant agrees to defend, indemnify and hold harmless the Released Parties for all liabilities, claims, damages, causes of action, costs and expenses of any kind arising out of or in connection with Participant's participation in the Event. Participant understands that this release and indemnification is intended to be as broad and inclusive as permitted by the laws of the state of Ohio and agree that if any portion of these Terms and Conditions is invalid, the remainder will continue in full legal force and effect.
4. Works and Likeness. Participant acknowledges and agrees that Cincy TDR LLC ("Cincy TDR") exclusively and in perpetuity owns and controls any and all rights to video tape, broadcast, telecast, film, exhibit, distribute, photograph, exploit, record, print or otherwise reproduce, and any and all rights to authorize others to do so, any film, audio, depiction, audio-visual, video, image, statistic, data (of any kind), photo or sound arising from or related to the Event (the "Works") in any manner whatsoever, alone or in composite and/or conjunction with other materials, in any and all media, whether now known or hereafter devised ("Media"), in or by any manner, method or device (whether now known or hereafter devised), and all other rights, privileges, benefits, matters and things incident to or arising out of all or any of the foregoing, including, without limitation, for any and all commercial purposes, including for purposes of advertising and promoting the Event, Cincy TDR and/or the Released Parties. Participant hereby grants to Cincy TDR and the other Released Parties the exclusive, perpetual, royalty-free, irrevocable, fully-paid up, worldwide right to use, exhibit, edit, disseminate, display, reproduce, print, publish, publicly perform and make any other uses of the Participant's image, name, sobriquet, marks, logos, voice, movements, gestures, actions, persona, signature, likeness, uniform, biomaterial, biographical material and other indicia and attributes of Participant in any manner whatsoever, alone or in composite and/or conjunction with any other materials, on, via or through any and all Media, in connection with, related to or for any purpose of: (i) any of the rights to the Works described above and (ii) any advertising, promotion, publicity, operation or exploitation of the Event, Released Parties or Cincy TDR.
5. Miscellaneous. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to conflict of law provisions that would apply the law of the jurisdiction of another state. Participant expressly consents and agrees to submit to the exclusive jurisdiction and venue of the state and U.S. federal courts located within Hamilton County, Ohio (and any court having appellate jurisdiction therefrom) in all disputes arising out of or relating to these Terms and Conditions. Participant expressly agrees that these Terms and Conditions are intended to be as broad and inclusive as is permitted by law and that if any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this and shall not affect the validity and enforceability of any remaining provisions. These Terms and Conditions constitute the entire understanding regarding Participant's participation in the Event. These Terms and Conditions shall supersede all prior negotiations, understandings, and agreements, whether written or oral, and such prior agreements shall thereupon be null and void and without further legal effect.
