EDWINS Leadership & Restaurant Institute
Event: Run for Re-Entry and 1-Mile Walk
Date of Event: October 28, 2018
RELEASE, ASSUMPTION OF RISK, INDEMNITY AND PROMISE NOT TO SUE
Participation will be at each participant’s own risk regardless of acknowledgement or consent to this agreement.
In consideration of my and/or my child’s or ward’s and/or our participation in the EDWINS Run for Re-Entry 5K and 1-Mile Walk , and any related activities including but not limited to pre-race fitness classes, (collectively the “Event”), sponsored by EDWINS Leadership & Restaurant Institute, an Ohio non-profit corporation (“EDWINS”), wherever the Event may occur, acknowledge and understand that there are inherent risks arising from my and/or my child’s or ward’s and/or our participation in the Event including but are not limited to scrapes, bruises, twisted ankles and various injuries to the body, heat and stress-related issues, SERIOUS BODILY INJURY, DISABILITY, AND DEATH, not only from my and/or my child’s or ward’s actions, inactions or negligence but also the actions, inactions or negligence of EDWINS or other participants in the Event or the condition of the race course.
I FREELY ACCEPT AND ASSUME ON MY OWN AND/OR ON BEHALF OF MY CHILD OR WARD AND/OR ALL PARTICIPANTS I AM REGISTERING THAT ALL RISKS INCIDENTAL TO SUCH PARTICIPATION, WHETHER KNOWN OR NOT REASONABLY FORESEEABLE NOW, AND WHETHER CAUSED BY MY OWN AND/OR MY CHILD’S OR WARD’S, EDWINS, OR OTHERS’ ACTIONS, INACTIONS OR NEGLIGENCE.
I expressly agree that my and/or my child’s or ward’s or all participants I am registering that participation in the Event is purely voluntary, and I and/or my child or ward or all participants I am registering elect to participate in the Event in spite of such risks.
In consideration of my and/or my child’s or ward’s participation in the Event and for myself and/or my child or ward, and our respective heirs, executors, administrators and next of kin (collectively, the “Releasing Parties”), I hereby release, covenant not to sue, and forever discharge EDWINS and any of its employees, directors, officers, members, agents, successors or assigns (collectively, the “Released Parties”) from all liabilities, claims, actions, damages, costs and expenses of any nature arising out of, related to, or in any way connected with my or my child’s or ward’s or all participants I am registering participation in the Event and/or any such related and associated activities, and further agree to indemnify and hold each of the Released Parties harmless from and against any and all such liabilities, claims, actions, damages, costs and expenses including by way of example but not limited to all attorneys’ fees and court costs.
I, for myself and my child and/or ward and all participants I am registering, understand that this release and waiver of liability and indemnity includes any claims based on the negligence, action or inaction of any of the Released Parties and covers bodily injury (including, without limitation, death), property damage, and loss by theft or otherwise, whether suffered by me or my child or ward either before, during or after such participation. I declare that I and all participants I am registering are physically fit and have the skill level required to participate in the Event and/or any such related and associated activities. I further authorize medical treatment for me and/or my child or ward and all participants I am registering, at my cost, if the need arises.
AUTHORIZATION AND RELEASE TO USE LIKENESS
I understand that I may be photographed or recorded. I hereby grant EDWINS and its agents permission to use photographs, motion pictures, audio tapes, video tapes, televising, or illustrated likenesses of me or statements made by me in any publicity, advertising, website, social media, or other similar materials. I understand this may involve placing my photograph on promotional materials for an indefinite period of time.
I further understand that my name may or may not be displayed. I also agree that there will be no compensation for the use of my photograph, likeness, audio or statements. I hereby release EDWINS from any liability in connection with the making, publication, distribution or other use of such materials.
I grant permission for the use of my image in photographs or any other media images, my voice or my name as described in the first paragraph, above, without compensation, reservation or limitation.
REPRESENTATIONS AND CONSTRUCTION
I certify I am eighteen (18) years of age or older and, if I am executing this Release and Waiver of Liability on behalf of my child or ward, or other participants, the information set forth above pertaining to my child or ward is true and complete, and the information set forth above pertaining to other participants is true and complete to the best of my knowledge.
If any term or provision of this Release and Waiver of Liability is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Release and Waiver of Liability or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding upon and inures to the benefit of myself, EDWINS, the Releasing Parties, the Released Parties and their respective heirs, personal representatives, successors and permitted assigns. All matters arising out of or relating to this Release and Waiver of Liability shall be governed by and construed in accordance with the internal laws of the State of Ohio. Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Cuyahoga County, Ohio, and I hereby consent to the exclusive jurisdiction of such courts.
TERMS AND CONDITIONS
Every participant shall make sure that his/her health is in a condition that allows him/her to take part in the Event, and consult a doctor if necessary. He/she shall have proper footwear and clothing.
A participant must comply with instructions and directions given by the Event, the officials and race marshals.
If the Event is cancelled because of circumstances of force majeure, the participant will not be entitled to any refund of the entry fee and/or compensation of other losses, such as travelling or accommodation expenses.
If the Event is postponed because of circumstances of force majeure, the participant’s entry will be deferred to the new date for the Event. In this case, the participant will not be entitled to any refund of the entry fee and/or compensation of other losses, such as travelling or accommodation expenses.
All claims will be forfeited for no-shows.
Personal data disclosed on the registration form will be stored and used by the EDWINS and, in very select cases, agents of EDWINS.
ACKNOWLEDGEMENT
BY PURCHASING AND/OR REGISTERING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND WAIVER OF LIABILITY AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS.