Downtown Dash 5K | Waiver of Liability
I have agreed to participate in the Downtown Dash 5K Fun Run (the “Event”) organized by AdvantageHealth Corporation (“AdvantageHealth”). My participation in the Event is wholly voluntarily.
In consideration of being permitted to participate in the Event, I agree as follows:
1) I am aware of and understand the dangers and the risks to my person and property involved in participating in this Event. Risks associated with my participation in the Event include, but are not limited to, injury and death. I fully understand that there may be other risks not known to me or that are not readily foreseeable at this time.
2) I, individually, and on behalf of my heirs, successors, assigns and personal representatives, hereby release and forever discharge AdvantageHealth Corporation and its employees, agents, officers, trustees, members, volunteers and representatives (collectively, the “Released Parties”) from any and all liability whatsoever for any and all damages, losses or injuries (including death) I sustain to my person or property or both, including but not limited to any claims, demands, actions, causes of action, judgments, damages, expenses and costs, including attorney fees, which arise out of, result from, occur during, or are connected in any manner with my participation in the Event whether caused or alleged to be caused, in whole or in part, by the negligence of the Released Parties or otherwise.
3) I, individually, and on behalf of my heirs, successors, assigns and personal representatives, hereby agree to indemnify, defend and hold harmless the Released Parties from any and all liability, loss, damage or expense, including attorney fees, that they or any of them incur or sustain as a result of any claims, demands, actions, causes of action, damages, judgments, costs or expenses, including attorney’s fees, which arise out of, occur during, or are in any way connected with my participation in the Event.
4) I hereby authorize and grant permission to the Released Parties the use of my information, including photographs and videotapes of my likeness, for publication purposes including, but not limited to, publicity, marketing, on-line instruction, research and promotion of the Released Parties and their various programs. I understand that my information may be copied and distributed by the Released Parties using a variety of means, including, but not limited to, video presentations, television, news bulletins, billboards, signs, brochures, magazines, websites, on-line instruction materials and newspapers.
5) I agree that this Waiver, Release and Indemnification Agreement is to be construed under the laws of the State of Minnesota, U.S.A.; and that if any portion thereof is held invalid, the balance hereof shall, notwithstanding, continue in full legal force and effect. I agree that this Agreement is to be construed broadly to provide a release, indemnification and waiver to the maximum extent permissible under applicable law.
6) Once you have registered for the event, your entry fees are non-exchangeable, non-transferable, and non-refundable, under any and all circumstances, including, but not limited to, cancellation of the event or of your participation, or change in the date, nature, or format of the event. An event may be cancelled or changed due to severe weather or other factors that threaten the safety of participants, staff, or volunteers. Cancellation or change of the date, nature, or format of an event may be mandated by governmental officials or otherwise be at the discretion of AdvantageHealth Corporation.
IN SIGNING THIS DOCUMENT I HEREBY ACKNOWLEDGE THAT I HAVE READ THIS ENTIRE DOCUMENT, THAT I UNDERSTAND ITS TERMS, THAT I AM AT LEAST EIGHTEEN (18) YEARS OF AGE, THAT BY SIGNING IT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS I MIGHT OTHERWISE HAVE, AND THAT I HAVE SIGNED IT KNOWINGLY AND VOLUNTARILY. IF I AM REGISTERING FOR A PARTICIPANT UNDER THE AGE OF EIGHTEEN (18) YEARS OF AGE, I AGREE TO THE AGREEMENT ON BEHALF OF MYSELF AND THE MINOR PARTICIPANT. A PARENT OR GUARDIAN MUST BE PRESENT WITH PARTICIPANTS UNDER THE AGE OF 14.