By indicating your acceptance, you understand, agree, warrant and covenant as follows:
Release and Waiver Agreement: In consideration of accepting this entry, I RELEASE - for myself and my heirs, executors, administrators, legal representatives, assigns and successors in interest, and for my child (if parent or guardian signing on behalf of a participant under the age of 18, referred to as "my child") - the Run Crazy Horse Marathon, WEM, Inc., Lean Horse Productions, Inc., the City of Hill City, Pennington County, the Crazy Horse Memorial and all organizations and individuals associated therewith, and all promoters, sponsors, organizers and volunteers of this event, and the officers, directors, shareholders and/or members, agents and employees of each, as well as all medical, law enforcement and other personnel assisting with this event, the owners of property through which the event course traverses, and their representatives, successors and assigns (collectively "Released Parties") from any and all rights, claims or liability for damage for any and all injuries to me, my child or my property arising out of or in connection with my participation in this event, including acts of God. I further agree that I WILL DEFEND, INDEMNIFY AND HOLD HARMLESS the Released Parties against all claims, demands and causes of action, including court costs and reasonable attorneys' fees, directly or indirectly arising from any action or other proceeding brought by or prosecuted contrary to this Release Agreement for the benefit of me or my child. I understand and acknowledge that this Release Agreement extends to all claims of every kind and nature whatsoever, whether known or unknown. This is an athletic event. I know that running a trail/road race is a potentially hazardous activity and that neither I nor my child should enter and run in a race unless medically able and properly trained. I agree to abide by all race official decisions concerning my and/or my child's ability to safely complete the event. I fully and completely understand that sometimes individuals are injured while participating in trail/road races. I FULLY ASSUME THE RISKS ASSOCIATED WITH MY AND/OR MY CHILD'S PARTICIPATION IN THIS EVENT, including but not limited to: the dangers of falling and/or collisions with other participants, pedestrians, vehicles, and fixed or moving objects; the dangers of road conditions, surface hazards, weather conditions, including high heat and humidity, and inadequate clothing; encounters with wild or domesticated animals; the possibility of serious physical and/or mental trauma or injury or death associated with an athletic trail run; and dangers caused by others' negligence. I certify that I am and/or my child is physically and mentally fit to participate in this event. I understand that entry fees are necessary to meet the cost of preparation, far in advance of the event, and that if the event is canceled because of weather conditions, fire, drought, acts of God, governmental agency directives or decisions, pandemics, or other circumstances beyond the control of event organizers, the entry fee will not be refunded. I further release the above mentioned Released Parties from any all claims or causes of action relating to or arising out of any such event cancellation, postponement, or necessary restructuring due to these or other unforeseeable circumstances. In addition, I acknowledge the contagious nature of COVID-19 and other communicable diseases and voluntarily assume the risk that I may be exposed to or infected by COVID-19 and/or other communicable diseases by participating in this event. I acknowledge that such exposure or infection may result in personal injury, illness, permanent disability, and/or death. I understand that the risk of becoming exposed to or infected by COVID-19 in connection with my participation in this event and personally assume this risk.
I represent and certify by my signature that the information I have provided on this form is accurate and that this Release is provided as consideration of your accepting my entry in the event for myself and/or for my child. I further represent and warrant that I am vested with legal custody of such child or am otherwise legally authorized to enter into this Release Agreement on behalf of and for the benefit of said child. I further agree that all photographs taken by Run Crazy Horse Marathon representatives during the event, or likenesses rendered from these photographs, become the property of Run Crazy Horse and may be used to promote the event or other Run Crazy Horse activities.
Crazy Horse Memorial is being constructed solely by the non-profit Crazy Horse Memorial Foundation. It is not a federal or state project and is funded entirely through admissions and private donations. The Foundation owns the copyright in the mountain sculpture and permits photos for personal use. However, the law prohibits photos of the mountain sculpture by unaffiliated organizations and commercial entities. The Foundation appreciates your cooperation and extends best wishes to all participants in the marathon events.
PARENT OR GUARDIAN MUST SIGN FOR MINOR.
Run Crazy Horse Start! Fast 5K involves running and walking, potentially hazardous activities which may include risks such as, but not limited to, falls, contact with other participants, effects of weather, traffic and exposure to heat/cold. In consideration of being allowed to participate in this event, I hereby expressly assume all risks, including personal injury and death, arising out of my participation in Run Crazy Horse Start! Fast 5K and related activities.
It is my responsibility to provide and properly use protective equipment, and to ensure that all clothing and equipment are properly fitted and appropriate for us in this event. Although refreshments and other assistance may be made available during this event, I am solely responsible for my own health and safety. I represent and warrant that I am physically fit and able to participate in Run Crazy Horse Start! Fast 5K. I agree to stop and request assistance if I experience any symptoms such as, but not limited to, dizziness, excessive fatigue, shortness of breath, pain or any other conditions which would make it difficult or unsafe to continue.
I agree, for myself, my heirs, executors and administrators, to not sue and to release indemnify and hold harmless, the American Heart Association, Inc., its affiliates, officers, directors, volunteers and employees from any and all liability, claims, demands, and causes of action whatsoever, arising out of my participation in this event and related activities - whether it results from the negligence of any of the above or from any other cause.
The foregoing release and indemnification agreement shall be as broad and inclusive as is permitted by the State or Province in which the event is conducted. If any portion of it is held invalid, the balance shall continue in full force and effect.
I have read, understand and agree to the terms of this Agreement.
There are no refunds, cancellations or transfers.
