WARNING: READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND DEPRIVES YOU OF THE RIGHT TO SUE THIS EVENT AND OTHER PARTIES. DO NOT SIGN THIS AGREEMENT UNLESS YOU HAVE READ IT IN ITS ENTIRETY. SEEK THE ADVICE OF LEGAL COUNSEL IF YOU ARE UNSURE OF ITS EFFECT.
I understand that my consent to these provisions is given in consideration of the acceptance of this registration and for being permitted to participate in this event. I am a voluntary participant in this event, and in good physical condition. I have been advised that I should seek advice from my physician before undertaking this physical exercise. I have either visited with my physician and received doctor's advice and consent to my exercise program or have waived such advice and consent of my doctor, and except any and all risks.
I KNOW THAT THIS EVENT IS A POTENTIALLY HAZARDOUS ACTIVITY AND I HEREBY ASSUME FULL AND COMPLETE RESPONSIBILITY FOR ANY INJURY OR ACCIDENT WHICH MAY OCCUR DURING MY PARTICIPATION IN THIS EVENT OR WHILE ON THE PREMISES OF THIS EVENT, AND I HEREBY RELEASE AND HOLD HARMLESS AND COVENANT NOT TO FILE SUIT AGAINST THIS EVENT AND ANY AFFILIATED INDIVIDUALS OR ENTITIES ASSOCIATED WITH THIS EVENT (THE RELEASEES) FROM ANY LOSS, LIABILITY OR CLAIMS I MAY HAVE ARISING OUT OF MY PARTICIPATION IN THIS EVENT, INCLUDING PERSONAL INJURY OR DAMAGE SUFFERED BY ME OR OTHERS, WHETHER SAME BE CAUSED BY FALLS, CONTACT WITH PARTICIPANTS, CONDITIONS OF THE COURSE, NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
I wish to participate in a group walk/run in conjunction with RaceMaker Production’s training runs in 2019 at The Shops at Perry Crossing located in Plainfield, Indiana.
In consideration of such participation, Participant, being 18 years of age or older*, for Participant and Participant’s heirs and personal representatives, do hereby release, forever discharge and agree to indemnify and hold harmless Metropolis Lifestyle Center, LLC, its parents, successors and assigns; Poag Shopping Centers LLC, its parents, successors and assigns; Metropolis Lifestyle Holdings, LLC; Poag Shopping Centers-Indianapolis, LLC; BVSEF III Metropolis, LLC; BVSEF III REIT, LLC; Blue Vista Sponsor Equity Fund III, L.P.; Blue Vista Managers III, LLC; Eightfold Structured Real Estate Fund I, LP; Eightfold Structured Real Estate GP I, LP; Eightfold Real Estate Capital, LP; Brickyard Metropolis Investor, LLC (each an “Indemnitee” and if there is more than one, the “Indemnitees”), from any and all damages, expenses, liabilities, claims or demands for personal injury, sickness or death, as well as property damage and expenses, of any nature whatsoever (including, without limitation, attorneys’ fees and expenses), which may be incurred or suffered by the Participant and which occur during Participant’s participation in or attendance at the above-referenced program.
Furthermore, Participant hereby assumes the risk of personal injury, sickness, death, damage and expense as a result of Participant’s participation in any educational, recreational or other activities undertaken therein at any location at any time during said program.
The Participant further agrees to hold harmless and indemnify the Indemnitees and each of them for any damages, expenses, liabilities, claims or demands sustained by any of them as a result of or arising out of Participant’s negligent, willful or intentional acts or omissions, including any expenses incurred attendant thereto, at any location and at any time during the program.
*If Participant is less than 18 years of age, Participant’s parent or legal guardian must authorize participation.
(A separate Release and Waiver of Liability Form must be executed by each participant in the program.)
1. ACKNOWLEDGE, agree, and represent that I accept all risks associated with this walk/run, including but not limited, to falls, contact with other participants, weather conditions, path conditions, traffic, and other such risks being known to me.
2. FULLY UNDERSTAND that:
(a) I am solely responsible for my health and safety and that the course which participants will be walking/running will be, for the most part, unsupervised.
(b) I will wear properly fitted footwear enabling me to walk/run safely on all surfaces and conditions.
(c) Bicycles, inline skates, "wheelie" footwear, skateboards and scooters are not permitted.
(d) I consent to receive medical treatment which may be deemed advisable in the event of injury or illness during the walk/run.
3. CODE OF CONDUCT: I agree that while onsite at The Shops at Perry Crossing, I will not engage in any behavior that is illegal or obscene. I will not harass or mistreat other walkers, runners, participants or sponsors.
Participants irrevocably grant, at no cost, to The Shops at Perry Crossing and RaceMaker Productions the absolute right and permission to use their name, voice, image, likeness, in perpetuity, in all forms of media now and forever known, including video footage, for the sole purposes of advertising, promoting, reporting and disseminating information regarding events and walk/runs.
I have read this agreement, fully understand its terms, and understand that I have given up substantial rights by signing it and have signed it freely and without any induction or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid, the balance, notwithstanding, shall continue in full force. If I am under 18 years of age at the time of registration, my parent or legal guardian has completely reviewed this Waiver and Release, understands and consents to its terms, and authorizes my participation by checking below.
The Undersigned grants complete media release for RaceMaker Productions and its sponsors, host sites, venues, host cities, and all affiliates. Media can include but is not limited to video, photo, audio recording, and interviews. The collected media can be used through but is not limited to websites, print media, radio ads, billboards, facebook, twitter (all social medias), and any other forms deemed necessary.