WAIVER AND RELEASE OF LIABILITY -- READ BEFORE SIGNING
I would like to enter and participate in Fleet Feet Training Programs (the "Event"), hosted, in part, by FO-MO Endurance LLC (the “Event Director”). In consideration of the Released Parties (defined herein) accepting this entry and allowing me to participate in the Event and as a condition for entry and participation in the Event, I agree to all the terms and conditions set out in this document (“Release”).
I, the “Participant,” for myself and my heirs, successors, and assigns, hereby waive, release, and forever discharge, Event Director, the participating Fleet Feet franchised business, Fleet Feet, Incorporated, and their respective parents, affiliates, subsidiaries, successors and assigns, shareholders, members, partners, officers, directors, managers, agents, employees, contractors, representatives, and volunteers (collectively, the “Released Parties”), from any and all claims, responsibilities or liability, now known or hereafter known, arising from injuries, disability, death, or damages to me or my personal property (including but not limited to any pets I may bring to the Event) resulting from my participation in the Event or receipt of any prize, whether arising out of the ordinary negligence of the Released Parties or otherwise. I agree not to file a suit, complaint, or grievance or make any claims against the Released Parties before any arbitration organization, in any local, state, or federal court, or administrative office on account of any injuries, disability, death, or damages covered herein. I forever release and discharge the Released Parties from liability under such claims. It is the mutual intention of Participant and the Released Parties that this release be general in scope and effect and that any claims arising in relation to participation in the Event, past, present or future, and asserted against the Released Parties are hereby forever canceled and forgiven.
I AM AWARE AND UNDERSTAND THAT TRAINING, RUNNING, WORKING OUT, AND PARTICIPATING IN THE EVENT ARE EACH A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVE THE RISK OF INJURY, DISABILITY, DEATH, OR DAMAGES TO ME OR MY PROPERTY. I ACKNOWLEDGE THAT I WILL BE SOLELY RESPONSIBLE FOR DETERMINING WHERE I WILL TRAIN, RUN, WORKOUT, AND OTHERWISE PARTICIPATE IN THE EVENT. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE EVENT WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR DAMAGE TO ME OR PROPERTY, ARISING FROM THE EVENT, MY TRAINING, RUNNING, OR WORKING OUT OR THE LOCATIONS OF SUCH ACTIVITIES, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE. THE RISKS INCLUDE, WITHOUT LIMITATION, CONTACT WITH OTHER PARTICIPANTS, TRAINING INJURIES, ROAD HAZARDS, VEHICLES, WEATHER, CONTAGIOUS DISEASES LIKE COVID-19, AND TRAFFIC.
In the event of an illness, injury, or medical emergency arising during the event, I hereby authorize and give my consent to any medical treatment deemed necessary, in the judgment of the Event Director or any of its designees, for my immediate care. I agree that I will be fully responsible for payment of any and all medical services and treatment rendered to me, including but not limited to, medical transport, medications, treatment, and hospitalization and agree to indemnify and hold harmless the Released Parties from any liability associated with the treatment or related expenses.
I will not participate in the Event unless I am medically able to do so. I certify as a material condition to my participation in the Event that I am physically fit and sufficiently trained for the completion of the Event and that a licensed medical doctor has verified my physical condition. I further certify that I am over the age of majority (18 years of age or older in most states). I agree to abide by all decisions of the Event Director or any of its designees relative to my ability to safely participate in the Event.
I acknowledge and agree that information provided in conjunction with the Event is for informational, educational, and recreational purposes only, is not medical or professional advice, is not a substitute for medical or professional advice, and is not for the diagnosis, treatment, prevention, or cure of any disease or health conditions.
While participating in the Event, I may provide to Event Director or its designees information such as my name, contact information, age, gender and other demographic, physical, physiological or identifying characteristics specifically requested from me. My participation in the Event is voluntary. By participating in the Event, and giving such data to the Event Director or its designees, I hereby grant the Event Director and its designees, permission to collect, capture, record and store the data, and grant to each of the Event Director a license to use the data for any purposes whatsoever.
The Event Director reserves the right to change the details, prizes, terms, and conditions of the Event at any time for any reason, and I hereby waive and release any claims that I may have as a result of any such change. I grant permission for the Released Parties to use or authorize others to use any photographs, video or sound recordings, and/or other record of my participation in the Event, including my name, picture, likeness, and image, for any legitimate purposes without remuneration to me.
This Release constitutes the sole and entire agreement of the Released Parties and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, with respect to such subject matter. If any term of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term of this Release or invalidate or render unenforceable such term in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Released Parties and me and our respective heirs, successors, and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the laws of the State of North Carolina. Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in the City of Wilmington and I hereby consent to the exclusive jurisdiction of such courts.
BY ACCEPTING THIS RELEASE, I ACKNOWLEDGE THAT I HAVE READ AND AGREED TO THE ABOVE TERMS. I ACKNOWLEDGE THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES.
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