In
consideration of your accepting this entry form, I being a participant of the Fallen
Heroes Memorial Run 5K (herein after “Eventâ€) therefore accept all of the
following waiver conditions on behalf of myself, intending to be legally bound
for myself, my heirs, executors and administrators, and waive and release any
and all rights and claims for damages I may have against the Fallen Heroes
Memorial Run 5K, Pasadena Police Officers’ Wives Association, and the officials
and sponsors of the Event, and their respective successors, and assigns,
(collectively, the “Released Partiesâ€) for any and all injuries suffered by me
in this event. I agree to indemnify, defend and hold harmless the Released
Parties from any and all claims, causes of action, damages, losses (economic
and non-economic), and liabilities of every kind (collectively “Claimsâ€),
including but not limited to expenses incurred, attorneys’ fees and litigation
expenses, arising out of or resulting from, directly or indirectly, in whole or
in part, (i) my breach or failure to abide by any part of this Waiver Agreement
(ii) and/or my actions or inactions which cause injury or damage to any other
person and/or (iii) the death, personal injury, or property damage, which may
arise out of, result from, or relate to my participation in, or my traveling to
or from the Event, including but not limited to any Claims for theft, damage to
any equipment, negligence, partial or permanent disability, Claims relating to
the provision of first aid, medical care, medical treatment, or medical
decisions (at the Event site or elsewhere), and any Claims for medical or
hospital expenses.
I
acknowledge that I am aware of the inherent risks of participating in an
athletic event of this type. I understand that I will be participating in the
Event at my own risk, that I am responsible for the risk of participation in
the Event, and that I am waiving and releasing my legal rights to sue for any
injury or damages arising out of or resulting from my participation in the
Event. I further understand that any injury or damages incurred may be the
result of negligence, omission or carelessness by the Released Parties. I
attest that I am physically fit and have sufficiently trained for the
completion of this event and my physical condition has been verified by a
licensed medical doctor. Further, I grant full permission to any and all of the
foregoing to use photographs, videotapes, motion pictures and recordings of me,
my team or any other record of this event for any legitimate purpose. No
refunds of entry fee. I COVENANT and AGREE NOT TO SUE any of the Released Parties
for any of the Claims that I have waived, released, or discharged herein.
The
parent or legal guardian who signs the Waiver Agreement on behalf of a minor,
incapacitated and/or mentally challenged person (hereinafter “Said Personâ€),
hereby acknowledges that he or she has the legal capacity and authority to act
on behalf of Said Person to legally bind Said Person to the Waiver Agreement.
The parent or legal guardian who signs the Waiver Agreement agrees to
indemnify, defend and hold harmless the Released Parties for any expenses
incurred, Claims made, or liabilities assessed against them, as a result of any
insufficiency of legal capacity or authority to act on behalf of Said Person in
the execution of the Waiver Agreement.
If any provision of this Waiver Agreement shall be
unlawful, void, or for any reason unenforceable, then that provision shall be
deemed severable from this Waiver Agreement and shall not affect the validity
and enforceÂability of any remaining provisions.
