Kids’ Fun Run Adult Waiver:
I understand that while participating in this event or in training programs and related activities (referred to collectively as “the event”), I will be using public streets and facilities where many hazards exist and I am aware of and appreciate the risks that may result. I am also aware that accidents may occur during this event which could result in serious injury or death. I am voluntarily participating in this event with knowledge of all such risks, and if I am riding, I agree to wear a properly fitted and adjusted ASTM, ASNI, CPSC or SNELL certified helmet while riding.
In consideration of the acceptance of this registration entry, I assume full and complete responsibility and risk for any injury or accident which may occur during my participation in any Dempsey Challenge event, and I hereby release absolutely, indemnify, promise not to sue, and forever hold harmless the Dempsey Centers for Quality Cancer Care, Medalist Sports, LLC, and their affiliates, sponsors, promoters and all Dempsey Centers employees, agents and other persons and entities associated with this event (all individually and collectively known as “releasees”), from any and all claims, losses, injuries, and liabilities, or damages including, but not limited to, property or consequential punitive damages, whatsoever of every name, inclusive of attorneys fees and costs, (collectively, “Damages”) that I have or may have in the future based upon any acts or omissions, whether known or unknown, relating to, arising out of, or in connection with, The Dempsey Challenge event, WHETHER SUCH DAMAGES BE CAUSED BY MYSELF OR BY THE NEGLIGENCE, OF ANY DEGREE, OF THE DEMPSEY CENTERS FOR QUALITY CANCER CARE, THE SPONSORS, OR PROMOTERS, OR OTHER PERSONS OR ENTITIES ASSOCIATED WITH THIS EVENT. This agreement may not be modified orally or in writing by any individual. I understand that a bicycle is a legal vehicle in this State and that I must ride in a safe manner. I further understand and acknowledge that cycling involves inherent risks and hazards that no amount of care, caution, instruction or expertise can eliminate; I nevertheless freely and voluntarily assume all such risks and hazards to participate in The Dempsey Challenge.
I intend by the Waiver, Assumption of Risk and Indemnifying Release Agreement to release in advance, and to waive my rights and to discharge all releasees (as defined above), from any and all claims, losses or liabilities for death, bodily injury or damages including, but not limited to, property, or consequential punitive damages, whatsoever of every name, inclusive of attorneys fees and costs that I may have, or which may hereafter accrue to me, as a result of my participation in this event, EVEN THOUGH THAT LIABILITY MAY ARISE FROM NEGLIGENCE OR CARELESSNESS ON THE PART OF ANY OR ALL OF THE RELEASEES, from dangerous or defective property or equipment owned, maintained or controlled by them or because of their possible liability without fault. I understand and agree that this Waiver, Assumption of Risk and Indemnifying Release Agreement is binding on my heirs, assigns and legal representatives.
I am physically capable of completing this event. I understand that I may be asked to provide a doctor’s note or other proof that I am permitted to participate by my primary health care provider. If I am aware of or under treatment for any physical infirmity, ailment or illness, my medical care provider knows of and has approved my participation in this event. I acknowledge that I, and I alone, am solely responsible for my personal health and safety, and the personal property I bring with me. I will read the event description and rules for participation in the event and I will abide by all rules and regulations established by the event organizers and personnel as well as the local vehicle code. I consent to treatment in the event of an emergency or other incident in which, in the reasonable judgment of the on-site personnel, I require medical care.
I understand that my name, photograph, voice or likeness may be used for all promotional purposes related to the event by the Dempsey Center, Medalist Sports, LLC, and their sponsors, beneficiaries, licensees, affiliates and employees. I consent to and authorize, in advance, such use and waive all rights of privacy I have in connection therewith. And I understand that I will not benefit financially from any use thereof.
I have carefully read this Waiver, Assumption of Risk and Indemnifying Release Agreement and fully understand its contents. I am aware that by signing this waiver I am agreeing to its terms, including waiving legal rights. Knowing this, I agree to these terms of my own free will.
Kids’ Fun Run Minor Waiver:
I hereby represent that I am the parent or legal guardian of the Minor and the Minor is in good health and in proper physical condition to participate in the Kids’ Fun Run.
I further understand that I am responsible for the Minor’s safety and well being at all times and under all circumstances while at the event site.
On behalf of the minor participant, I hereby irrevocably and unconditionally agree to all of the terms of Waiver, Assumption of Risk and Indemnifying Release Agreement. I also, for myself and on behalf of my heirs, estate, insurers, successors and assigns, hereby release, indemnify, promise not to sue, and hold harmless all releasees (defined above), with respect to any and all claims or causes of action brought or asserted by or on behalf of the minor I may have for damages for personal or bodily injury, disability, death, loss or damages including, but not limited to, property, or consequential punitive damages, whatsoever of every name, inclusive of attorneys fees and costs, WHETHER ARISING FROM THE NEGLIGENCE OF ANY OR ALL OF THE RELEASEES OR OTHERWISE, WHETHER OR NOT NEGLIGENCE HAS BEEN PROVEN, to the fullest extent permitted by law.
On behalf of the Minor, I hereby release, waive and covenant not to sue, and further agree to indemnify, defend and hold harmless the following parties: the Dempsey Centers for Quality Cancer Care, Medalist Sports, LLC and the City of Lewiston with respect to any liability, claim, demand, cause of action, damage, loss or expense of any kind or nature which may arise out of, result from, or relate in any way to the Minor’s participation in the event.
I hereby warrant that I am of legal age and authorized to enter into this agreement on behalf of the Minor and that I have read this agreement carefully and understand its terms and conditions.