In consideration of being permitted to compete, officiate, observe, work for, or for any purpose participate in any way in the event, EACH OF THE UNDERSIGNED, for himself/herself, his/her personal representatives, heirs, next of kin, acknowledges, agrees and represents that he/she has, or will immediately upon entering any of such restricted areas, and will continuously thereafter, inspect such restricted area or areas and all portions thereof which he/she enters and with which he/she comes in contact, and he/she does further warrant that his/her entry upon such restricted area and that he/she finds and accepts the same as being safe and reasonably suited for the purpose of his/her use, and further agrees and warrants that if, at any time, he/she is in or about restricted areas and he/she fells anything to be unsafe, he/she will immediately advise the officials of such and will leave the restricted area(s):
1. HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE Kinship Brewing Company, its affiliated organizations and licensed medical professionals, their respective administrators, officers, directors, representatives, agents, promoters, hosts, contractors, and vendors; the State of Iowa, the Iowa Department of Transportation, the City of Waukee, Dallas County, and the Dallas County Conservation Board, their agents, employees, representatives, administrators, and elected officials; and other participants, operators, officials, sponsors, advertisers, owners and leasees of premises used to conduct the event and each of them, their officers, and employees, all for the purposes herein referred to as “releasees”, from all liability to the undersigned, his/her personal representatives, assigns, heirs and next of kin for any and all damage, and any claim or demands therefore on account of injury to the person or property or resulting in death of the undersigned, whether caused by the negligence of the releasees or otherwise while the undersigned is in or upon the restricted area, and/or competing, officiating in, observing, or working for, or for any purpose participating in the event;
2. HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS the releasees and each of them from any loss, liability, damage, lawsuit, or cost they may incur (including, without limitation, reasonable attorneys’ fees) due to the presence of the undersigned in or upon the restricted area or in any way participating, officiating, observing, or working for, or for any purpose participating in the event and whether caused by the negligence of the releasees or otherwise;
3. HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE due to the negligence of releasees or otherwise while in or upon the restricted area and/or while participating, officiating, observing, or working for or for any purpose participating in the event;
4. HEREBY CONSENTS to allow his/her picture and/or voice or likeness to appear in any official documentary, promotional, exclusive television, radio or film coverage of Kinship Brewing Company in any manner incidental to my participation in the Kinship Brewing Company 5K and without compensation to me.
5. EACH OF THE UNDERSIGNED expressly acknowledges and agrees that the activities at the event and in the restricted areas may be dangerous and involve the risk of serious injury and/or death and/or property damage.
6. EACH OF THE UNDERSIGNED further expressly agrees that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by Iowa law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
THE UNDERSIGNED HAS READ THIS WAIVER AND RELEASE FROM LIABILITY, FULLY UNDERSTANDS ITS TERMS, UNDERSTANDS THAT SUBSTANTIAL RIGHTS ARE GIVEN UP BY SIGNING IT, AND SIGNS IT FREELY AND VOLUNTARILY, and further agrees that no oral representatives, statements, or inducement apart from the foregoing written agreement have been made.
PARENT/GUARDIAN WAIVER – RELEASE FROM LIABILITY
(If applicant is under 18 years of age, the parent or guardian must execute in addition to the above, this following waiver.)
The Undersigned, referred to as the parent and natural guardian or legal guardian of the above named participant, thereby represent that he/she is acting in such capacity and agrees to save and hold harmless and indemnify each and all of the parties herein referred to above as releases from all liability, loss, cost, claim or damage whatsoever may be imposed upon said releasees because of any defect in or lack of such capacity to so act and release said releasees on behalf of the undersigned.