|By clicking on "I Agree," you agree, warrant and covenant as follows:
|RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
IN CONSIDERATION for being permitted to participate in the 2017 Ribbon Walk & Run, agrees as follows:
1. PARTICIPANT acknowledges that participation in the EVENT involves a risk of bodily injury, up to and including serious physical impairment and death, and risk of damage to property. I, the PARTICIPANT, understand that I should not participate in the EVENT unless I am sufficiently trained and medically able to do so, as determined by my personal health care provider; and I warrant and certify that I am physically fit and medically cleared to participate in the EVENT.
2. For and in consideration of being permitted to participate in the EVENT, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I, the PARTICIPANT, do on my own behalf, and that of my heirs, assigns and personal representatives, hereby release, acquit, forever discharge, and covenant not to sue Cape Fear Valley Medical Foundation, Inc. d/b/a Cape Fear Valley Health Foundation (“FOUNDATION”) and Cumberland County Hospital System, Inc. d/b/a Cape Fear Valley Health System (“HOSPITAL”) from any and all past, present or future claims, demands, damages (both actual and punitive), costs, liabilities, and claims for bodily and personal injuries, wrongful death, medical expenses, disfigurement, loss of earnings, pain and suffering, and damages of any kind, whether based on tort, contract or other theory of recovery, and whether known, unknown, or unknowable, which I now have, or which may hereafter accrue or otherwise be acquired, on account of or in any way growing out of, or which are the subject matter of, the EVENT. This release and discharge shall also apply to the City of Fayetteville (“FAYETTEVILLE”), Fayetteville Elite Running (“ELITE RUNNING”) and FAYETTEVILLE’s, ELITE RUNNING’s, FOUNDATION’s and HOSPITAL’s past, present and future officers, directors, attorneys, representatives, employees, volunteers, agents, subsidiaries, parent companies or corporations, affiliates, partners, insurers, reinsurers, predecessors and successors in interest (collectively the “EVENT AFFILIATES”). It is the intent of PARTICIPANT that this Agreement shall be construed in the broadest sense possible to resolve any and all past, present, and future claims against FOUNDATION, HOSPITAL and the EVENT AFFILIATES for all consequences (known, unknown or unknowable) resulting or potentially to result from the EVENT.
3. PARTICIPANT acknowledges that they are required to obey all rules and regulations for the EVENT, as well as all applicable laws and ordinances, and that failure to do so may subject PARTICIPANT to disqualification and removal from EVENT, as well as penalty of law.
4. PARTICIPANT authorizes FOUNDATION, HOSPITAL and the EVENT AFFILIATES to record video, film and digital imagery of PARTICIPANT (the “IMAGES”) at and during the EVENT. PARTICIPANT further conveys and grants all ownership, right, title and interest in the IMAGES to FOUNDATION, HOSPITAL and the EVENT AFFILIATES. PARTICIPANT acknowledges that the IMAGES may be used by FOUNDATION, HOSPITAL and the EVENT AFFILIATES for any and all purposes, in the sole and unrestricted discretion of FOUNDATION, HOSPITAL and the EVENT AFFILIATES, and without further compensation or payment to PARTICIPANT.
5. PARTICIPANT acknowledges that, if they are an employee of FOUNDATION, HOSPITAL or the EVENT AFFILIATES, PARTICIPANT’s participation in the EVENT is completely voluntary and does not constitute part of PARTICIPANT’s work-related duties.
6. I, the PARTICIPANT, agree to defend, indemnify and hold harmless FOUNDATION, HOSPITAL, and the EVENT AFFILIATES from and against any and all actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation reasonable attorney‘s fees and costs), whether or not involving a third party claim, which arise out of, relate to or result from PARTICIPANT’s attendance and/or participation at the EVENT.
7. Should any term of this Agreement be determined by a court of competent jurisdiction to be invalid or unenforceable, said term shall be severable from this Agreement and it is the intent of PARTICIPANT that all other terms of this Agreement shall remain in full force and effect.
8. PARTICIPANT acknowledges that this Agreement has been carefully read in its entirety and that PARTICIPANT knows and understands the contents of this Agreement. PARTICIPANT acknowledges that this Agreement constitutes the entire Agreement, and all prior understandings and representations, if any, are replaced by this Agreement.
INDEMNITY PROVISION FOR MINOR PARTICIPANT
IN CONSIDERATION for a minor being permitted to participate in the 2017 Ribbon Walk & Run,the undersigned and participant agrees as follows:
to acknowledge that FOUNDATION, HOSPITAL, and the EVENT AFFILIATES are unwilling to allow PARTICIPANT, a minor, to participate in the EVENT without first obtaining further assurances that the minor PARTICIPANT will be bound by the Agreement above. Accordingly, in order to induce FOUNDATION, HOSPITAL, and the EVENT AFFILIATES to allow PARTICIPANT, a minor, to participate in the EVENT, I, the INDEMNITOR, agree to defend, indemnify and hold harmless FOUNDATION, HOSPITAL, and the EVENT AFFILIATES from and against any and all actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation reasonable attorney‘s fees and costs), whether or not involving a third party claim, brought by, or on behalf of, PARTICIPANT and which arise out of, relate to or result from (1) the EVENT; and/or (2) the recording or use of IMAGES.