LIABILITY WAIVER AND RELEASE
Event: 9/11 memorial 34.3 mile run and bike from Long Beach NY to Ground Zero in Manhattan NY
Date: September 11, 2024
Location: Long Beach New York Boardwalk
Organizer: 34.3 Foundation
1. Waiver and Release:
I, the undersigned participant, hereby acknowledge that I have voluntarily chosen to participate in the 9/11 memorial 34.3 mile run from Long Beach NY to Ground Zero in Manhattan NY (hereinafter referred to as the “Event”). In consideration of being permitted to participate in the Event, I agree to the following:
a) Assumption of Risk: I know that running in the event as well as participating via bicycle is a potentially hazardous activity, which could cause injury or death. I will not participate unless I am medically able and properly trained, and by my signature, I certify that I am medically able to perform this event, and am in good health, and I am properly trained. I agree to abide by any decision of the 34.2 Foundation relative to any aspect of my participation in this event, including the right of any official to deny or suspend my participation for any reason whatsoever. I attest that I have read the rules of the event and agree to abide by them. I assume all risks associated with running or bicycling in this event, including but no limited to: falls, physical contact with other participants, volunteers, event personnel, contract service providers, employees, and spectators including the potential the contraction of a communicable disease resulting from contact with other participants, volunteers, event personnel, contract service providers, employees, and spectators. I assume all risks including: the effects of the weather; high heat and/or humidity; freezing cold temperatures; traffic and the conditions of the road including surrounding terrain.
I also attest that should I choose to instead participate by bicycling in the event, I will wear all appropriate safety equipment required by laws, obey all laws regarding the proper and legal operation of a bicycle, and ensure that any bicycle I use has been properly maintained as well as in proper working condition. I attest that the 34.3 foundation will not be providing me with a bicycle, responsible for maintaining any bicycle, or providing me with any safety equipment
b) Release of Liability: To the fullest extent permitted by law, I hereby release, discharge, and hold harmless 34.3 foundation its officers, directors, employees, volunteers, sponsors, and all other persons or entities associated with the Event (collectively, the “Released Parties”) from any and all claims, demands, liabilities, causes of action, and damages arising out of or related to my participation in the Event, including but not limited to, any claims for personal injury, property damage, or wrongful death.
c) Medical Treatment: I authorize the Released Parties to obtain medical treatment for me in the event of an emergency, and I agree to be responsible for all costs associated with such treatment.
2. Indemnification:
I agree to indemnify and hold harmless the Released Parties from any and all claims, lawsuits, actions, procedures, costs, expenses, damages, demands, and liabilities, including but not limited to, attorney’s fees, arising out of or related to my participation in the Event.
3. Personal Responsibility:
I acknowledge that it is my sole responsibility to ensure that I am physically fit and able to participate in the Event. I further acknowledge that I am responsible for my own safety and well-being during the Event. Should I choose to participate via bicycle, I acknowledge that providing a bicycle, safety equipment, any other required equipment, adhering to the applicable laws regarding the safe use of a bicycle, and maintenance of said bicycle are my sole responsibility in addition to all of the aforementioned responsibilities.
4. Use of Likeness:
I grant permission to the Released Parties to use any photographs, video recordings, or other media taken of me during the Event for promotional and marketing purposes without compensation.
5. Governing Law:
This Waiver and Release shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles.
6. Severability:
If any provision of this Waiver and Release is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.