Submission of this Waiver and Release is a condition precedent to participation in the Store Running Activities.
I am about to voluntarily participate in a series of running and exercise activities organized, operated, funded, and/or supplied by the Store (Store Running Activities) and its respective organizers, officers, directors, employees, agents, attorneys, and other representatives, including without limitation Christopher Schiel and all of Xtra Mile Running’s affiliated entities, directors, officers, employees, agents, and other representatives (collectively referred to as the Released Parties).
I understand that the Store Running Activities will involve rigorous running and related physical exercise and activities, and that I am participating in the Store Running Activities to benefit from the Store’s assistance in improving my health and furthering my running and exercise goals. Notwithstanding any other provision in this Waiver and Release, I understand that my participation in the Store Running Activities is purely and completely voluntary, and that at no time will I be required to act, or refrain from acting, by the Store or by any of its organizers or representatives.
I understand that the Store Running Activities will be conducted at various times and locations as scheduled from time to time by the Store and its organizers or representatives, and I understand that any and all running or exercise activities in which I participate, whether physically with the Store or any of its members, or on my own or with others at the suggestion, recommendation, or advice of the Store, are included within the Store Running Activities subject to this Waiver and Release.
By accepting this Waiver and Release, I acknowledge that the Released Parties shall not be, and shall never be, legally responsible for my personal health, or any pain, discomfort, or injury of any kind, including without limitation any disability or death, that I may suffer which arise from or relate to my participation in Store Running Activities, or any damage or loss to any of my property. I hereby release, hold harmless, and forever discharge the Released Parties from any and all liability or damages to me, any member of my family, my heirs or assigns, or my property arising from or related to the Store Running Activities described herein.
I understand that at various events, I may be photographed. I agree to allow my photo, video, or film likeness to be used for the Store’s social media and marketing purposes.
COVID19 Notification:
The Novel Coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization (WHO). COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
Xtra Mile Running (XMR) has put in place preventative measures to reduce the spread of COVID-19; however, XMR cannot guarantee that you or your families will not become infected with COVID-19. Further, attending group events could increase your risk and your family’s risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by attending group fitness events at XMR, and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at XMR may result from the action, omissions, or negligence of myself and others, including, but not limited to, XMR employees, volunteers, and event participants and their families.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself, illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my attendance at XMR. On my behalf, I hereby release, covenant not to sue, discharge, and hold harmless XMR employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs, or expenses of any kinds arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the store, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any event or activity.