PARTICIPANTS IN THE Garmin Marathon, the Half Marathon, the 10k, the Virtual Marathon, and the Garmin MUNCHKIN MARATHON / Family Run (collectively, the Marathon ) ARE REQUIRED TO ASSUME ALL RISK OF PARTICIPATION IN THE MARATHON AND TRAINING BY SIGNING THIS GENERAL RELEASE AGREEMENT.
The undersigned athlete (Athlete), or if the Athlete is below the age of 18, the parent or legal guardian of the Athlete on behalf of the Athlete (the Parent), on behalf of himself/herself and on behalf of Athletes personal representatives, assigns, heirs, executors, hereby fully and forever releases, waives, discharges and covenants not to sue Garmin International, Inc. and it affiliates, the State of Kansas, Johnson County, Johnson County Parks & Recreation District, the City of Olathe, City of Lenexa, City of Shawnee, Olathe Parks and Recreation Department, Olathe Medical Center, Olathe Chamber of Commerce, Olathe Convention and Visitors Bureau, Olathe Sports Commission, Olathe School District USD233, YMCA, USATF and all municipal agencies and school districts whose property and/or personnel are used, and all other sponsoring or cosponsoring companies or individuals related to the Marathon, and the officers, directors and employees of each of the foregoing and all individuals volunteering to support the Marathon (collectively Releasees) from all liability to the Athlete and his/her personal representatives, assigns, heirs and executors, for all loss(es) or damage(s) and any and all claims or demands therefore, on account of injury to the Athlete or property or resulting in the death of the Athlete, whether caused by the active or passive negligence of all or any of the Releases or otherwise, in connection with the Athletes participation in the Marathon event and during training for event. The Athlete (or Parent on behalf of the Athlete) represents and warrants that he/she is in good physical condition and is able to safely participate in the Marathon and training activities. The Athlete (or Parent on behalf of the Athlete) is fully aware of the risks and hazards inherent in participating in the Marathon and training program and hereby elects to voluntarily compete in the Marathon and training program, knowing the risks associated with the Marathon and training program. The Athlete (or Parent on behalf of the Athlete) hereby assumes all risks of loss(es), damage(s), or injury(ies) that may be sustained by him/her while participating in the Marathon and/or training program. The Athlete (or Parent on behalf of the Athlete) agrees to the use of his/her name and photograph in broadcasts, newspapers, brochures and other media without compensation. The Athlete (or Parent on behalf of the Athlete) acknowledges that the entry fee is nontransferable. In the event the Marathon is delayed or prevented by reason of fire, threatened or actual strike, labor difficulty, work stoppage, insurrection war, public disaster, flood, unavoidable casualty, acts of God or the elements (included without limitation, ice storms, blizzards, tornadoes), or any other cause beyond the control of the Event Race Director, there may not be a make up or rescheduling of the events. The Athlete (or Parent on behalf of the Athlete) hereby grants to the medical doctor(s) of the Marathon, and his agents, affiliates and designees, access to all medical records (and physicians) as needed and authorizes medical treatment as needed. The Athlete (or Parent on behalf of the Athlete) warrants that all statements made herein are true and correct and understands that Releasees have relied on them in allowing Athlete to participate in the Marathon.
ATHLETE (OR PARENT ON BEHALF OF THE ATHLETE) HAS READ THE FOREGOING AND INTENTIONALLY AND VOLUNTARILY SIGNS THIS RELEASE AND WAIVER OF LIABILITY AGREEMENT.