GENERAL ASSUMPTION OF RISK AND RELEASE OF LIABILITY RAIL TRAIL COUNCIL OF NORTHEASTERN PENNSYLVANIA RACE PARTICIPANT OFFICIAL RELEASE FORM READ CAREFULLY BEFORE SIGNING
I request permission to participate in a race/event on property owned and operated by the Rail-Trail Council of Northeastern Pennsylvania (NEPA). I desire, at my own risk, to participate in the event and I ACKNOWLEDGE THAT BY SIGNING THIS RELEASE, I RELEASE the Rail-Trail Council of NEPA, race sponsors, the organizer and any promoting organizations, volunteers, property owners, law enforcement agencies, all public entities, boroughs, townships and other municipalities, and their respective agents, offi cials and employees, members, sponsors, promoters and affiliates (collectively "RELEASEES") FROM ALL LIABILITY resulting from any and all injury to myself or to any person or any other damages, demands and causes of action arising from or as a result of my participation in the D&H Challenges.
I understand that my use of the property and participation in the event exposes me to a variety of hazards and risks, foreseen and unforeseen, which are inherent and cannot be eliminated without destroying the unique character of the experience. These inherent risks include but are not limited to, serious personal injury, property damage, and death ("Injuries and Damages"). Rail Trail Council of NEPA has not tried to contradict or minimize my understanding of these risks. I know that Injuries and Damages can occur by natural causes or activities of other persons, members of my party or group, or third parties, either as a result of negligence or because of other reasons. I understand that risks of such Injuries and Damages are involved and I appreciate that I have to exercise extra care for myself and for others around me. I further understand that there may not be rescue or medical facilities or expertise necessary to deal with the Injuries and Damages to which I may be exposed.
In consideration of the acceptance of my entry, I acknowledge that running/walking/biking in a challenge is an inherently dangerous sport. I know I should not enter unless I am medically able and properly trained. I agree to abide by any decision of an event official relative to my ability to safely complete the run, walk, or bike. I fully realize the dangers of participating in such an event and FULLY ASSUME THE RISKS ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH PARTICIPATION WHETHER KNOWN OR UNKNOWN EVEN THOUGH THAT LIABILITY MAY ARISE OUT OF NEGLIGENCE OR CARELESSNESS ON THE PART OF PERSONS OR ENTITIES IDENTIFIED ABOVE ("RELEASEES") FOR MYSELF, MY HEIRS, ASSIGNEES, AND SUCCESSORS IN INTEREST (collectively "successors"), I HEREBY AGREE TO INDEMNIFY AND NOT TO SUE AND WAIVE, RELEASE, DISCHARGE CLAIMS, HOLD HARMLESS AND RELEASE FROM LIABILITY THE RELEASEES (see paragraph 1) FROM ANY AND ALL RIGHTS AND CLAIMS INCLUDING CLAIMS ARISING FROM THE RELEASEES' OWN NEGLIGENCE,
I consent to emergency medical care and transportation in the event of injury to me as medical/first aid personnel may deem appropriate and agree that this release extends to any such medical care, treatment and transportation. I further acknowledge that I will be responsible for the cost associated with any such medical care, treatment or transportation.
I further give full permission to any and all sponsors, organizations, or other entities conducting or associated with this event to use my name and/or likeness relating to my participation in the event without review or compensation and I waive all rights to any future compensation to which I may otherwise be entitled as a result of the use of my name or likeness.
This agreement is intended to be as broad as allowed by the laws of the Commonwealth of Pennsylvania. Every term and provision is intended to be severable. If any one or more of them is found to be unenforceable or invalid, that shall not affect the other terms and provisions. This agreement may not be modified orally, and a waiver of any provision shall not be construed as a modification of any other provision
D&H Challenges: I attest and verify that I am at least 18 years of age. I have read this document in its entirety and understand the Release. I certify my acceptance and agreement to be legally bound by its terms by signing my name below.