For good and valuable consideration, including the opportunity to participate in the Hamilton NightGlow Marathon, Half-Marathon, Marathon Relay (2 and 4 Person) 10K, award ceremony and/or after-party (the "Events"), I, by my signature below and by clicking the boxes, agree to each of the following:
o I acknowledge that participation in the Events is potentially hazardous and involves inherent risks and I willingly assume all risks associated with such participation, including, but not limited to, risk of serious bodily injury; disability; loss of life; illness; loss of or damage to property; falls; contact with other participants, spectators or others, or vehicular or other traffic; the effects of the weather, including heat and/or humidity, wind, cold temperature and wet or icy surfaces and; falling overhead objects, all such risks being known and appreciated by me.
o I acknowledge that participation in the Events will involve potentially strenuous physical and mental activity and I verify that I am physically and mentally fit and am sufficiently trained for the Events in which I will participate. In the event of an illness or injury, I authorize any representative of the Events to obtain necessary medical treatment and I release and hold harmless the Events' volunteers, representatives, officials, workers, sponsors, promoters, race director and organizers in the exercise of this authority. I further understand and agree that I may be removed from the Events if I do not follow the Events' rules or it is decided by any of the Events' representatives that it is not safe for me to proceed with participating in the Events.
o I hereby release, waive, covenant not to sue, and agree to indemnify, defend and hold harmless the Events' committees, volunteers, representatives, officials, race director, workers, sponsors, promoters and organizers and any other public or private entity providing support for the Events and the respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers of each of the foregoing (collectively, the "Releasees"), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and attorneys' fees) of any kind or nature ("Liability") which may arise out of, result from, or relate in any way to my participation in the Events, including, but not limited to, claims for Liability caused in whole or in part by the actions or omissions of the Releasees. I further agree that if, despite the foregoing, I, anyone on my behalf, or any other third-party, makes a claim for Liability against any of the Releasees based on, arising from or related to my participation in the Events, I will indemnify, defend and hold harmless each of the Releasees from any such Liability which may be incurred as the result of such claim.
o I consent to the use of my name, face, likeness, voice and appearance in the Events for advertising and publicity for no additional consideration. I agree that this form may be stored electronically and agree that a copy is authentic and admissible as evidence in any future dispute or proceedings.
o I acknowledge and understand that alcohol may be served or provided at the Events and that I cannot be served or provided alcohol at the Events unless I produce valid, legal, photographic identification demonstrating that I am 21 years of age or older.
I HEREBY WARRANT THAT I AM OF LEGAL AGE AND AM COMPETENT TO AGREE TO ALL OF THE ABOVE, THAT I HAVE READ THIS FORM CAREFULLY, UNDERSTAND ITS TERMS AND CONDITIONS, ACKNOWLEDGE THAT I WILL BE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING IT (INCLUDING THE RIGHTS OF MY SPOUSE, CHILDREN, GUARDIANS, HEIRS AND NEXT OF KIN, AND ANY LEGAL AND PERSONAL REPRESENTATIVES, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS; ALONG WITH THE RIGHTS OF MY CHILD OR WARD IF I AM EXECUTING THIS FORM AS A PARENT OR GUARDIAN ON BEHALF OF AN EVENTS PARTICIPANT THAT IS UNDER THE AGE OF 18), ACKNOWLEDGE THAT I HAVE SIGNED THIS FORM WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE AND INTEND FOR MY SIGNATURE TO SERVE AS CONFIRMATION OF MY COMPLETE AND UNCONDITIONAL ACCEPTANCE OF THE TERMS, CONDITIONS AND PROVISIONS SET FORTH IN THIS FORM. IF A PARENT OR GUARDIAN IS EXECUTING THIS FORM ON BEHALF OF AN EVENTS PARTICIPANT THAT IS UNDER THE AGE OF 18 ("PARTICIPANT"), SUCH PARENT OR GUARDIAN'S SIGNATURE, OR CLICK TO AGREE, CERTIFIES THAT PARTICIPANT HAS PERMISSION TO PARTICIPATE IN THE EVENTS. PARTICIPANT'S PARENT OR GUARDIAN FURTHER CERTIFIES THAT SUCH PARTICIPANT IS IN GOOD PHYSICAL CONDITION AND IS ABLE TO SAFELY PARTICIPATE IN THE EVENTS.