Release and Waiver of Liability and Indemnity Agreement (Read Before Initialing) PLEASE NOTE: We will also email you a link to a pdf of the full release, which you will need to print out, sign and bring with you - or sign on the day of the event.
Release and Waiver of Liability and Indemnity Agreement (Read Before Signing)
By indicating your acceptance, you understand, agree, warrant and covenant as follows: PARTICIPANT WAIVER AGREEMENT, WAIVER, RELEASE OF CLAIMS, WARNING OF RISK AND ASSUMPTION OF RISK PARTICIPANTS: READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND WILL LIMIT OR ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS. I understand and acknowledge that by checking the box below, initialing or signing below, I am legally agreeing to all of the following statements in exchange for being permitted to participate in The Telegraph Publishing Company and NH.com's Adventure5k on Saturday June 14, 2014 ("Adventure 5k"), which includes both the Adventure 5k course ("Course") and pre- and post-course activities ("Related Activities"): 1. I understand that participating in Adventure 5k is a hazardous activity. I acknowledge that Adventure 5k is an extreme test of my physical and mental limits that carries with it inherent risks of physical injury that cannot be eliminated completely, including but not limited to an above-average risk of death and/or serious injury. 2. I expressly, knowingly and voluntarily assume all of the risks of participating in Adventure 5k. I understand and acknowledge that these risks include, but are not limited to: falls; illness; infection; contact or collision with spectators, personnel, and other pedestrians; contact or collision with motor vehicles or machinery; contact or collision with other participants of varying skill levels; contact and the effects of contact with natural and man-made fixed objects; natural and man-made water, road and surface hazards; close proximity and/or contact with thick smoke and/or open flames; inadequate competition equipment and/or equipment failure; dangers arising from weather conditions, including but not limited to extreme heat, cold, humidity, ice, rain, or fog; imperfect course conditions; and inadequate safety measures. I understand and acknowledge that these risks may cause harms including, but not limited to: bodily injury, ranging from minor to severe; illness or infection, ranging from minor to severe; physical and/or mental effects of exposure to extreme conditions and circumstances, ranging from minor to severe; temporary or permanent disability; paralysis; death; and property damage or loss. I understand that the risks of participating in Adventure 5k may be caused in whole or in part by: my own actions or inactions; the actions or inactions of other participants; the actions or inactions of spectators or other pedestrians; and/or the acts, inactions, or negligence of the Released Parties (as defined below). I agree that prior to participating in Adventure 5k I will inspect the Course, facilities, equipment and areas to be used, and if I believe or become aware that any are unsafe or pose unreasonable risks, I agree to immediately notify appropriate personnel. I accept full and sole responsibility for the condition and adequacy of my equipment. I expressly assume all risks and take full responsibility for any and all damages, liabilities, losses, or expenses that I incur as a result of participating in Adventure 5k. 3. I agree that it is my responsibility to determine whether I am sufficiently fit, healthy, skilled and physically trained to safely participate in Adventure 5k. I hereby represent that I am, and on the date of Adventure 5k will be, in good health and in proper physical condition to safely participate in Adventure 5k. I certify that I have no known or knowable physical or mental conditions that would affect my ability to safely participate in Adventure 5k, or that would result in my participation creating a risk of danger to myself or to others. I further certify that I have not been advised or cautioned otherwise by a medical practitioner. I understand that the Course is such an extreme test of human physical and mental limits that I may not be able to safely complete it, even if I am sufficiently fit, healthy, skilled and physically trained to safely participate. I understand that it is my responsibility to continuously monitor my own physical and mental condition during the Course, and I agree to withdraw immediately and to notify appropriate personnel if at any point my continued participation would create a risk of danger to myself or to others. I acknowledge and agree that I will not be reimbursed any portion of any fees paid for participation in Adventure 5k if I withdraw before completing the Course, as I understand that all fees are paid only in exchange for the opportunity to participate to the best of my ability as described in this document, and in no way reflect an entitlement to complete the Course. I agree I will not chargeback or dispute the credit card transaction. I understand that I am strongly advised to consult a medical practitioner before participating, especially if I am pregnant, disabled, or have recently suffered any illness, injury, or impairment. I attest that I am covered by medical insurance, individually or as part of an organization. 4. I assume full responsibility for any injury, loss or damage associated with my use or consumption of alcohol and/or drugs at any point during Adventure 5k. I understand the dangers associated with the use or consumption of alcohol and/or drugs and I recognize that such use or consumption might impair my judgment and motor skills. I certify that I am not, and on the date of Adventure 5k will not be, under the influence of alcohol or any drugs that would in any way impair my ability to safely participate in Adventure 5k. I assume full responsibility for any injury or loss to myself or to others and for any damage to any personal or real property associated with my use or consumption of alcohol and/or drugs at any point during Adventure 5k. I further understand that the risks and dangers described in the paragraph above include but are not limited to all risks and dangers associated with the consumption of alcohol after participation in the Course. I understand that the Course is an extreme test of mental and physical fitness and that the risks and dangers of consuming alcohol after such a test may be magnified. I take full responsibility for any decision to consume alcohol after completing the Course and I understand that it is my responsibility to know my own limits. I also understand that the responsibility for injury, loss or damage that I assumed in the paragraph above includes but is not limited to full responsibility for any injury or loss to myself or to others and for any damage to any personal or real property associated with any such decision to consume alcohol. I hereby indemnify and agree to hold harmless the Released Parties (as defined below) from any injury, loss, or damage described in this section. 5. I agree to abide by the rules of Adventure 5k and to comply with the directions and instructions of Adventure 5k personnel. I agree to become familiar with and abide by all written and/or posted rules of Adventure 5k, as well as all written and/or posted rules of Adventure 5k. I further agree to comply with all directions, instructions and decisions of Adventure 5k, including but not limited to instructions or directions relating to the manner of my safe participation in the Course or Related Activities and decisions that I will stop participation in the Course or Related Activities at any time. Except as otherwise prohibited by law, I agree not to challenge these rules, directions, instructions, or decisions on any basis at any time and I acknowledge that they are reasonable and necessary to reduce risk; protect the safety of participants, spectators, and personnel; and/or promote fairness and the spirit of Adventure 5k. In addition to the above, I specifically acknowledge and agree to abide by the following rules: no urination or defecation is permitted outside of designated areas; no wheeled conveyances or pets are allowed in the Course at any time; and no clothing, props or equipment that pose an unnecessary risk to participants, spectators or personnel are permitted. I also specifically agree to obey all civil and criminal laws, including traffic laws and regulations. I also agree to exhibit appropriate behavior at all times; demonstrate respect for all people, equipment and facilities; and participate with a cooperative and positive attitude. I understand that Adventure 5k and Liquid Planet personnel may immediately dismiss anyone who disobeys any rules, directions, instructions, decisions, or laws, or whose behavior endangers safety or negatively affects a person, facility, or property of any type or kind. 6. I consent to receive medical care and treatment as determined by appropriate Adventure 5k personnel. In the event of my injury, accident, or illness, I consent to receive medical care and treatment as deemed advisable in the best judgment of appropriate Adventure 5k and/or Liquid Planet personnel and/or appropriate medical professionals. If necessary, I authorize appropriate Adventure 5k personnel to consent to such medical care and treatment on my behalf. I agree to assume liability for any and all medical costs incurred as a result of my participation in Adventure 5k that are not covered by my insurance, including but not limited to costs of: medical care and treatment, ambulance services, hospital stays, and physician and pharmaceutical goods and services. I agree to indemnify and hold harmless the Released Parties (as defined below) from all liability for such costs. 7. I grant permission to The Telegraph Publishing Company and NH.com to use my photograph and/or any other record of my participation in Adventure 5k for any legitimate purpose. I understand that any and all photographs, motion pictures, recordings, and/or likenesses of me captured during Adventure 5k by The Telegraph and NH.com, its affiliated entities or contractors, and/or the media become the sole property of The Telegraph and NH.com. I grant the right, permission and authority to The Telegraph and NH.com to use my name and any such photographs, motion pictures, recordings, and/or likenesses for any legitimate purpose, including but not limited to promoting, advertising, and marketing activities. I further understand that THE TELEGRAPH AND NH.COM, as sole owner, has the full right to sell and/or profit from the commercial use of such photographs, motion pictures, recordings, and/or likenesses. 8. I acknowledge that The Telegraph and NH.com reserves the right to cancel or reschedule Adventure 5k in the event of emergency or other disaster. I acknowledge that THE TELEGRAPH AND NH.COM in its sole discretion may delay, modify or cancel Adventure 5k if natural or man-made emergencies make administering the event unreasonably difficult or unsafe. I agree that "emergency" is defined to mean any event beyond the control of THE TELEGRAPH AND NH.COM, including but not limited to: high wind, extreme rain or hail, hurricane, tornado, earthquake, flood, acts of terrorism, fire, threatened or actual strike, labor difficulty or work stoppage, insurrection, war, public disaster, and unavoidable casualty. I further acknowledge that THE TELEGRAPH AND NH.COM in its sole discretion may also delay, modify or cancel Adventure 5k if conditions on the day of the event are, in the sole judgment of THE TELEGRAPH AND NH.COM, in any way unsafe. In the event of a delay, modification, or cancellation of Adventure 5k as described in this paragraph, I understand that I will not be entitled to a refund of my entry fee or any other costs incurred in connection with Adventure 5k. 9. I hereby waive, release and forever discharge The Telegraph and NH.com and the other Released Parties from any and all claims I may have arising out of my participation in Adventure 5k. I covenant and agree not to sue The Telegraph and NH.com or any of the other Released Parties for any such claims. In consideration of being permitted to participate in Adventure 5k, I hereby waive, release and forever discharge the following parties (the "Released Parties") from any and all Claims (as defined below): THE TELEGRAPH AND NH.COM and its directors, officers, employees, agents, contractors, insurers and volunteers;Liquid Planet, and its directors, officers, employees, agents, contractors, insurers and volunteers; Johnny D's Tuff, and its directors, officers, employees, agents, contractors, insurers and volunteers; all Adventure 5k event sponsors, organizers, promoters, directors, officials, property owners, and advertisers; all other persons or entities involved with Adventure 5k; all state, city, town, county, and other governmental bodies and/or municipal agencies whose property and/or personnel are used and/or who in any way assist with Adventure 5k; and any or all parent, subsidiary or affiliate companies, licensees, officers, directors, partners, board members, shareholders, supervisors, insurers, agents, and representatives of any of the foregoing. In consideration of being permitted to participate in Adventure 5k, I hereby waive, release and forever discharge the Released Parties from all of the following (the "Claims"): any and all claims, liabilities of every kind, demands, damages (including direct, indirect, incidental, special and/or consequential), losses (economic and non-economic), and causes of action, of any kind or nature, which I have or may have in the future (including court costs, attorneys' fees and litigation expenses), that may arise out of, result from, or relate to my participation in Adventure 5k or my travel to or from Adventure 5k. I understand and acknowledge that these Claims include, but are not limited to, causes of action for death, personal injury, partial or permanent disability, negligence, and property damage or theft; causes of action relating to the provision of first aid, medical care, medical treatment, or medical decisions (at the site of Adventure 5k or elsewhere); and claims for medical or hospital expenses. I understand and agree that the foregoing waiver, release and discharge applies even if the Claims are caused by the negligent acts, omissions, or carelessness of any of the Released Parties. I understand that this waiver, release and discharge operates for myself as well as on behalf of my spouse, children, parents, guardians, heirs, next of kin and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on my behalf. 10. I hereby agree to indemnify, defend and hold harmless The Telegraph and NH.com and the other Released Parties from any and all expenses incurred and claims made that relate to my breach of this Agreement. I hereby agree to indemnify, defend and hold harmless THE TELEGRAPH AND NH.COM and the other Released Parties from any and all expenses incurred and all claims made by myself or others (including but not limited to court costs, attorneys' fees and litigation expenses) that arise out of or result directly or indirectly from my breach or failure to abide by any part of this Agreement, my failure to follow any rules or directions as defined in Section 5 above, and/or any of my actions or inactions which cause injury or damage to any other person or property. I understand that this agreement to indemnify, defend and hold harmless operates for myself as well as on behalf of my spouse, children, parents, guardians, heirs, next of kin and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on my behalf. I understand and acknowledge that by checking the box below or signing below, I agree that the statutes and laws of the State of New Hampshire will apply to all matters relating to this Agreement, including participation in Adventure 5k, regardless of the actual location of Adventure 5k or the principles of conflict of laws. I agree that exclusive jurisdiction for any dispute with THE TELEGRAPH AND NH.COM resides in the courts of the State of New Hampshire and expressly consent to the exercise of personal jurisdiction in the State of New Hampshire in connection with any dispute. I understand and agree that this Agreement is intended to be as broad and inclusive as is permitted by the State of New Hampshire, and that if any provision shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be severed from this Agreement and does not affect the validity and enforceability of any remaining provisions. BY CHECKING THE BOX BELOW, INITIALING OR SIGNING BELOW, I AFFIRM THAT I AM EIGHTEEN (18) YEARS OF AGE OR OLDER (OR WILL BE ON THE DATE OF ADVENTURE 5K), I HAVE READ THIS AGREEMENT, I UNDERSTAND ITS CONTENT, AND I INTENTIONALLY AND VOLUNTARILY SIGN THIS AGREEMENT. ADVENTURE 5K REGISTRATION AGREEMENT AND LIABILITY WAIVER (the Agreement and Waiver) 1. Authority to Register and/or to Act as Agent. You represent and warrant to The Telegraph and NH.com's ADVENTURE 5K. (ADVENTURE 5K) that you have full legal authority to complete this event registration on behalf of yourself and/or any party you are registering (the Registered Parties), including full authority to make use of the credit or debit card to which registration fees will be charged. As used in this Agreement and Waiver, ADVENTURE 5K refers to The ADVENTURE 5K and any and all subsidiaries, affiliated entities, or entities that control or are controlled by ADVENTURE 5K singly or together and its officers, employees, contractors, subcontractors and agents. If you are registering a child under the age of 18 or an incapacitated adult you represent and warrant that you are the parent or legal guardian of that party and have the legal authority to enter into this agreement on their behalf and by proceeding with this event registration, you agree that the terms of this Agreement and Waiver shall apply equally to all Registered Parties. By registering a child under 16, you agree and consent to the collection of that child's information which you provide for the purposes of registration. 2. Waiver. YOU UNDERSTAND THAT PARTICIPATION IN THE EVENT IS POTENTIALLY HAZARDOUS, AND THAT A REGISTERED PARTY SHOULD NOT PARTICIPATE UNLESS THEY ARE MEDICALLY ABLE AND PROPERLY TRAINED. YOU UNDERSTAND THAT EVENTS MAY BE HELD OVER PUBLIC ROADS AND FACILITES OPEN TO THE PUBLIC DURING THE EVENT AND UPON WHICH HAZARDS ARE TO BE EXPECTED. PARTICIPATION CARRIES WITH IT CERTAIN INHERENT RISKS THAT CANNOT BE ELIMINATED COMPLETELY RANGING FROM MINOR INJURIES TO CATASTROPHIC INJURIES INCLUDING DEATH. YOU UNDERSTAND AND AGREE THAT IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE EVENT, YOU AND ANY REGISTERED PARTY, THE HEIRS, PERSONAL REPRESENTATIVES OR ASSIGNS OF YOU OR THE REGISTERED PARTY DO HEREBY RELEASE, WAIVE, DISCHARGE AND CONVENANT NOT TO SUE ADVENTURE 5K FOR ANY AND ALL LIABILITY FROM ANY AND ALL CLAIMS ARISING FROM PARTICIPATION IN THE EVENT BY YOU OR ANY REGISTERED PARTY. 3. Limitation of Liability; Disclaimer of Warranties. ADVENTURE 5K SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE ADVENTURE 5K OR (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR (C) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH ADVENTURE 5K OR (D) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF ADVENTURE 5K HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF ADVENTURE 5K IS AT YOUR SOLE RISK. ADVENTURE 5K IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. ADVENTURE 5K EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ADVENTURE 5K makes no warranty that the ADVENTURE 5K sites' services will be uninterrupted, secure or error free. ADVENTURE 5K does not guarantee the accuracy or completeness of any information in, or provided in connection with, the ADVENTURE 5K sites. ADVENTURE 5K is not responsible for any errors or omissions, or for the results obtained from the use of such information. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the ADVENTURE 5K sites is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data. 4. Indemnification. You agree to indemnify and hold each of ADVENTURE 5K harmless from and against any and all damages, costs, claims or demands, including reasonable attorneys' fees, made by any third party due to or arising from or relating to your use of ADVENTURE 5K or the violation of any term of this Agreement and Waiver. 5. Applicable Law; Consent to Jurisdiction. The ADVENTURE 5K sites (excluding linked sites) are controlled by ADVENTURE 5K from its offices within the State of New Hampshire, United States of America. By completing this event registration, both you and ADVENTURE 5K agree that the statutes and laws of the State of New Hampshire, without regard to the conflict of laws principles thereof, will apply to all matters relating to this event registration, this Agreement and Waiver, the Terms of Use or other use of the ADVENTURE 5K sites. You agree that exclusive jurisdiction for any dispute with ADVENTURE 5K resides in the courts of the State of New Hampshire and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New Hampshire in connection with any dispute including any claim involving ADVENTURE 5K or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. 6. Severability. You further expressly agree that this Agreement and Waiver is intended to be as broad and inclusive as is permitted by the law of the Commonwealth and that if any provision of this Agreement and Waiver shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and Waiver and shall not affect the validity and enforceability of any remaining provisions. BY INDICATING YOUR ACCEPTANCE OF THIS AGREEEMENT AND WAIVER, YOU ARE AFFIRMING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND WAIVER AND FULLY UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE SIGNING THE AGREEMENT AND WAIVER FREELY AND VOLUNTARILY, AND INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
SecureFee™ Registration Cancellation Insurance is offered in most states. If purchased, your registration may be covered for one of the covered reasons stated in the policy.
