The individual identified below submits and electronically signs this Omnibus Fort4Fitness Liability Waiver and Release ("Waiver and Release") as (a) a Participant (as defined below) in an event sponsored by Fort 4 Fitness, Inc. ("Fort4Fitness"); (b) a parent, legal guardian or attorney-in-fact of a participant in an event sponsored by Fort4Fitness; or (c) a participant in an event sponsored by Fort4Fitness and a parent, legal guardian or attorney-in-fact of a participant in an event sponsored by Fort4Fitness. This Waiver and Releases applies to and is binding upon the individual submitting this Waiver and Release in each applicable capacity listed above. For purposes of this Waiver and Release, the use of the term "Participant" shall mean the individual submitting and electronically signing this application in each applicable capacity listed above.
Participant understands the nature of the Event and the risks involved in participating in the Event (including the training portion for the Kids Marathon or Seniors Marathon if applicable). Participant knows that running and/or walking a road race and/or participating in the training for the Kids Marathon or Seniors Marathon is a potentially hazardous activity. Participant understands that an individual should not participate unless medically able and sufficiently trained to do so. Participant agrees to abide by any decision of any Fort4Fitness official concerning an individual's ability to safely complete the Event.
Participant understands that while police protection will be provided only during the portions of the Event held on September 27 or September 28, 2019, there may still be automobile and other traffic on or near the course. Participant assumes all risks associated with Participant's voluntary participation in the Event, including, but not limited to, automobile and other traffic and other conditions of the road, falls, contact with other participants or volunteers, and the effects of the weather, including extreme temperatures and precipitation.
Participant gives permission to Fort4Fitness, its officers, directors, employees, race officials, police, fire, emergency and medical personnel supporting the Event to obtain and provide Participant medical assistance in the event of an emergency. This permission will include the administration of medicines, surgical treatment, X-ray examination or hospitalization as might be ordered by a licensed medical doctor or certified medical professional. Participant releases and discharges Fort4Fitness, its officers, directors, employees, volunteers, race officials, police, fire, emergency and medical personnel supporting the Event from any liability for any first aid rendered or treatment performed pursuant to this consent.
Participant irrevocably consents and authorizes Fort4Fitness, or anyone authorized by Fort4Fitness, to take, use, reproduce, transmit, display and publish, information, photographs, images or recordings containing Participant's name and biographical information, Event results, voice, image, likeness and distinctive appearance, gestures, signature and/or mannerisms ("Materials") in marketing materials in any form or medium now known or hereafter to be known, discovered or developed. This consent includes the right to create derivative works from such Materials and to use, reproduce, transmit, display and publish such derivative works.
Knowing these facts, for, and in consideration of, participation in the Event, Participant, for myself, my heirs, executors, administrators, or anyone else who might claim on my behalf, covenants not to sue and fully releases and discharges Fort4Fitness, the City of Fort Wayne, Allen County, The End Result Company LLC, Get Me Registered.com LLC, Event sponsors, Event participants, Event officials, Event suppliers, workers, volunteers, and any and all officers, directors, employees and other representatives of the foregoing, and any successors or assigns of the foregoing, and holds and waives them harmless from and against ANY AND ALL actions, claims, injuries, demands, liabilities, loss, damage, or expense, including, but not limited to death, personal injury, and property damage, whether foreseen or unforeseen, arising out of, or in the course of, Participant's participation in the Event.
To the extent this Waiver and Release is not enforceable with respect to the minor or other individual for whom Participant is the parent, legal guardian or attorney-in-fact, Participant agrees to indemnify Fort4Fitness, Inc., its officers, directors, employees, Event officials, the City of Fort Wayne, Allen County, police, fire, emergency and medical personnel supporting the Event, The End Result Company LLC, Get Me Registered.com LLC, Event sponsors, Event participants, Event suppliers, workers, volunteers, and any and all officers, directors, employees and other representatives of the foregoing, and any successors or assigns of the foregoing, from any and all damages, claims or liability they may suffer or incur as a result of said minor or other individual's participation in the Event, including but not limited to court costs and attorney fees.
Weather Cancellation Policies
Participant safety is of the utmost importance to Fort4Fitness. If any of the threatening weather conditions listed below are present or impending the day of the event, the event may be delayed or canceled. When weather conditions or other physical conditions present a danger to participants, Fort4Fitness officials maintain the right to cancel the event. Less threatening conditions may cause alterations of the course or post-event activities to ensure participant, volunteer, and community safety. Such conditions fall under the label “Acts of God,” and will not result in refunding of any race entry fees or future event credits.
Threatening Weather Conditions
Fort4Fitness may be canceled or delayed if any of the following weather conditions exist: Tornado Warning, Tornado Watch, Thunderstorm, “Heavy” Rain, Flooding, or other major weather condition
Start of the Race / Cancellation of the Event
The start of the event may be delayed one hour from the posted start time if any of the above mentioned conditions exist. The event may then be canceled if any of the weather conditions persist: Tornado Warning, Tornado Watch, Thunderstorm or Flooding.
Authority to Cancel the Event
The Race Director, in accordance with the city and the local law enforcement, has the authority to cancel the event. If threatening weather conditions force cancellation of the event, no refunds can be provided, since funds were already spent in preparation for race day.
In the event of postponement or cancellation, Fort4Fitness participants may receive an email with information on how to pick up their race shirt.
Broadcast of Cancellation
If Event is canceled more than 24 hours prior to the start time: We will notify all participants by email.
If Event is canceled less than 24 hours before start time: We will notify all participants by email. We will also send a text to all participants who agreed to receive notification text messages during the registration process.
Spring Cycle: If Event is canceled during the actual event, notification of such will be announced on site at the start/finish and communicated through the SAG stops along the course.
Fall Festival: If Event is canceled during the actual event, on-site notification will be posted if weather alert level is RED, YELLOW or GREEN.
Fantasy of Lights 5K/2K: If Event is canceled during the actual event, notification of such will be announced on site at the start/finish.
Any participation in an Event is expressly conditioned upon Participant's agreement to this Waiver and Release and by signing or electronically submitting this entry form Participant understands and agrees with all terms of this Waiver and Release.
Participant has read, understood, and accepts the agreement above. Participant's submission of this form shall act as legal signature.