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Event Waiver and Release of Liability

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.

For and in consideration of USA Track & Field, Inc. (“USA Track & Field”) allowing me, the undersigned, to participate in the USA Track & Field sanctioned
event No Luck Irish Run ; I, for myself, and on behalf of my spouse, children, guardians, heirs and next of kin, and any legal and
personal representatives, executors, administrators, successors and assigns, hereby agree to and make the following contractual representations pursuant to
this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement (the “Agreement”) ;
1. I hereby represent that (i) I am at least eighteen (18) years of age or older; (ii) I am in good health and in proper physical condition to participate in the
Event; and (iii) I am not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in the
Event. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Event, that I am
responsible for my own safety and well being at all times and under all circumstances while at the Event site.
2. I understand and acknowledge that participation in track & field, road running, race walking, cross country, mountain, ultra, and trail running Events is
inherently dangerous and represents an extreme test of a person’s physical and mental limits. I understand and acknowledge the risks and dangers
associated with participation in the Event and sport of track & field and related activities, including without limitation, the potential for serious bodily injury,
sickness and disease, permanent disability, paralysis and loss of life; loss of or damage to equipment/property; exposure to extreme conditions and
circumstances; contact with other participants, spectators, animals or other natural or manmade objects; dangers arising from adverse weather
conditions; imperfect course or track conditions; land, water and surface hazards; equipment failure; inadequate safety measures; participants of varying
skill levels; situations beyond the immediate control of the Event Organizers; and other undefined, not readily foreseeable and presently unknown risks
and dangers (“Risks”) . I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others
participating in the Event, or the negligent acts or omissions of the Released Parties defined below, and I hereby expressly assume all such Risks and
responsibility for any damages, liabilities, losses or expenses which I incur as a result of my participation in any Event.
3. I agree to be familiar with and to abide by the Rules and Regulations established for the Event, including but not limited to the Competitive Rules adopted
by USA Track & Field and any safety regulations established for the benefit of all participants. I accept sole responsibility for my own conduct and actions
while participating in the Event, and the condition and adequacy of my equipment.
4. I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: USA Track & Field,
Inc., its members, member clubs, associations, sport disciplines and divisions; United States Olympic Committee (USOC); the Event Directors, Organizers
and Promoters, Sponsors, Advertisers, Coaches and Officials; the Host Organization and the Facility, Venue and Property Owners or Operators upon
which the Event takes place; Law Enforcement Agencies and other Public Entities providing support for the Event; and each of their respective parent,
subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers (Individually and
Collectively, the “Released Parties” or “Event Organizers”) , with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or
expense (including court costs and reasonable attorneys fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate in any way
to my participation in the Event, including claims for Liability caused in whole or in part by the negligent acts or omissions of the Released Parties. I
further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify,
defend and hold harmless each of the Released Parties from any such Liabilities which any may be incurred as the result of such claim.
I hereby warrant that I am of legal age and competent to enter into this Agreement, that I have read this Agreement carefully, understand its terms and
conditions, acknowledge that I will be giving up substantial legal rights by signing it (including the rights of my spouse, children, guardians, heirs and next of
kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have signed this Agreement without
any inducement, assurance or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms,
conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral
representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for
any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any
remaining provisions.

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.

RELEASE AND WAIVER OF LIABILITY FORM
I wish to participate in the No Luck Run on March 17, 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 RaceMaker Productions LLC, the No Luck Run, their officers, directors, members, sponsors, volunteers, employees; the municipality of Plainfield, Indiana, Plainfield Parks & Recreation; Stacked Pickle; 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.
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.