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By executing this Waiver and Release of Liability and Indemnification Agreement (the “Agreement”), I, the undersigned Participant (the “Participant”), acknowledge that I wish to participate in the “Rim2Rim” charity run at the Grand Canyon in Arizona organized by the Released Parties (the “Rim2Rim Charity Run”) and any transportation, lodging, accommodations, meals and other activities organized by the Released Parties (collectively, with the Rim2Rim Charity Run, the “Activities”). I am aware and understand that (i) the approximate planned distance of the Rim2Rim Charity Run shall span, at each participant’s option, approximately 22 miles, 24 miles, or 46 miles; (ii) the duration of the Rim2Rim Charity Run shall be, at each participant’s option, approximately 1 day or 2 days; (iii) the highest point of elevation of the Grand Canyon is approximately 8,803 feet and the lowest point of elevation of the Grand Canyon is approximately 2,400 feet; and (iv) the Activities shall include, but are not limited to, (a) traveling by vehicular transportation between Las Vegas, Nevada and the South Rim of the Grand Canyon (the “South Rim”), (b) traveling by foot, at each participant’s option, from the South Rim to the North Rim of the Grand Canyon (the “North Rim”) and/or from the North Rim to the South Rim, and (c) traveling by vehicular transportation, at each participant’s option, from the South Rim to the North Rim and/or from the North Rim to the South Rim.
- I am aware and understand that the Activities have inherent risks which could result in serious injuries or even death as a result of my participation. The risks include, but are not limited to, those caused by terrain, elevation changes, facilities, temperature, weather, condition of participants or athletes, lack of hydration, lack of nutrition, consumption of foods or beverages, exhaustion, equipment, vehicular traffic, animal traffic, transportation accidents (including those caused by road hazards, driver incompetency, human negligence and otherwise), wildlife, plants, fungi, natural hazards, landslides, visibility, allergies, foodborne illnesses, dietary restrictions, choking hazards, actions of other people including, but not limited to, other participants, tourists, volunteers, park rangers, employees and visitors of the lodging and accommodations referenced in Section 1 above, transportation drivers and Run2Revive organizers and event officials. I hereby assume all of the risks of participating in the Activities. I am aware that the usual risks, hazards and dangers of personal injury, death and disability or property damage and loss (collectively, “Damages”), can increase as a result of physical or mental exertion, whether or not organized by the Released Parties. I also understand that these risks, hazards and dangers are further increased when other persons, whether or not of the same level of experience or skill, are present at the same time and participating in the Activities. I acknowledge that any injuries that I sustain may be compounded by negligent emergency response. I further acknowledge that I am voluntarily participating in the Activities with knowledge of the danger involved and agree to accept and assume any and all risks of bodily injury death or property damage, whether those risks are known or unknown and whether caused by the negligence of the Released Parties or otherwise.
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I am aware that the Activities are physically strenuous and undertake to train for the Activities and follow medical guidance from a qualified medical person as part of such training. I further acknowledge that the Released Parties are not liable for any injuries sustained during the course of my training for the Activities. I acknowledge that I am responsible for bringing the supplies and materials needed for the Activities and hereby release the Released Parties from any and all liability arising out of any failure to adequately pack materials and supplies for the Activities. I further understand that the facilities at the Grand Canyon, including water stations, may be out of service from time to time.
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As consideration for being permitted to participate in the Activities, I (on behalf of the Releasing Parties) hereby forever waive, release, covenant not to sue, and discharge the Released Parties from any and all present and future claims, actions, causes of action or demands against any of the Released Parties that I may have in the future arising out of, or related to, (i) my participation in the Activities, (ii) the negligence of any of the Released Parties, (iii) the use of any and all equipment in connection with the Activities (whether or not provided by the Released Parties), (iv) the acts or omissions of third parties while on the premises where the Activities occur, (v) the condition of the premises where the Activities occur or (vi) the use of the facilities where the Activities occur. I further acknowledge that the Released Parties shall not be liable for any lost, stolen or damaged belongings during the course of the Activities, including belongings that are stored at the South Rim during the course of the Activities.
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As further consideration for being permitted to participate in the Activities, I (on behalf of the Releasing Parties) hereby hold harmless and indemnify the Released Parties from any and all liability for Damages to any third party resulting from my participation in any activity including, but not limited to, the Activities, while on the premises where the Activities occur.
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This Agreement shall be effective and binding upon my heirs, next of kin, family, relatives, guardians, conservators, executors, administrators, trustees and assigns in the event of my injury, disability or death.
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I hereby elect to and do assume the risk for claims heretofore or hereafter arising, known or unknown, related to the Activities.
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I certify that I am physically fit, have sufficiently trained and prepared for participation in the Activities and have not been advised otherwise by a qualified medical person. I have no actual or suspected medical, physical or mental condition which would cause participation in activities on the premises where the Activities occur to be potentially hazardous to my health or others. I will not be participating under the influence of alcohol or any illicit or prescription drugs or other substances which would in any way impair my ability to safely participate in the Activities. I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident and/or illness during this event. I understand that all medical and/or emergency evacuation costs for participants will be borne by that person or their heirs. The Released Parties are in no way liable or responsible for medical treatment, medical costs or emergency evacuation. I acknowledge that the Released Parties are, and have been available, to answer any and all questions I may have had about the nature and physical demands of these activities and the risks, hazards and dangers associated with the Activities. I understand that the presence of any of the Released Parties is no assurance of my safety or any lessening of the risks, and I nonetheless undertake to participate in the Activities.
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I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing. I further acknowledge that the Released Parties cannot guarantee that I will not become infected with the Coronavirus/COVID-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, other participants and the general public along the route. Before traveling for the event, I will self-evaluate and attest that:
a) I am not experiencing any symptom of illness such as coughing, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
b) I have not traveled internationally or to a highly impacted area within the United States within the last 14 days.
c) I do not believe I have been exposed to someone with a suspected and/or confirmed case of COVID-19.
d) I have not been diagnosed with COVID-19 and not yet cleared as non-contagious by public health authorities.
e) I am following all CDC recommended guidelines as much as possible to limit my exposure to COVID-19.
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Without limiting the generality of the foregoing, I understand and agree that this Agreement discharges each of the Released Parties from any liability or claim that I may have against any of them with respect to any bodily injury, personal injury, illness, death, property damage or other harm that may result from the Activities, whether caused by the negligence of a Released Party or otherwise. I also understand and agree that the Released Parties do not assume any responsibility for, or obligation to provide, financial assistance or any other assistance, including, but not limited to, medical, health or disability insurance in the event of injury, illness, death or property damage.
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This Agreement and the rights and obligations of the parties hereto under this Agreement will be governed by, and construed in accordance with, the laws of the State of Tennessee, without regard to its principles of conflicts of laws that would require that application of the laws of any other jurisdiction.
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Each party hereto irrevocably and unconditionally agrees that it will not commence any action, litigation, or proceeding of any kind whatsoever against the other party hereto in any way arising from or relating to this Agreement, including, but not limited to, contract, equity, tort, fraud, or statutory claims, in any forum other than the U.S. District Court for the Middle District of Tennessee or, if such court does not have subject matter jurisdiction, the courts of the State of Tennessee sitting in the Twentieth Judicial District, and any appellate court from any thereof. Each party hereto irrevocably and unconditionally submits to the exclusive jurisdiction of such courts and agrees to bring any such action, litigation, or proceeding only in the U.S. District Court for the Middle District of Tennessee or, if such court does not have subject matter jurisdiction, the courts of the State of Tennessee sitting in the Twentieth Judicial District. Each party hereto agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
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I hereby grant and convey unto Run2Revive and its subsidiaries, affiliates, agents, employees, volunteers, officers, directors, representatives, advertising or promotional agencies, and partners, and all such entities’ officers, directors, agents, employees, respective successors and assigns (collectively, “Authorized Parties”), the absolute and irrevocable right and permission to use, publish, broadcast and/or copyright the use of my name, voice, photograph and/or likeness, caricature, and personal information, in its current form or as retouched, digitized, cropped, altered, distorted or modified in any way, in any and all advertising, promotional, or other materials based upon or derived from the Activities, any other fundraising-related Activities, and any other Run2Revive-sponsored activities in any manner, in any media whatsoever for any and all purposes, including, by way of example but without limitation, advertising, promoting or publicizing products and services throughout the universe, in perpetuity, in any and all media now known or hereafter devised (including, without limitation, on the internet), without additional compensation. I further agree that anything derived therefrom will be owned solely by the Authorized Parties. I do not authorize the use of any print, negative or other copy thereof by anyone other than the Authorized Parties.
I agree that no oral representations, statements, or inducements apart from this Agreement have been made by the Released Parties or anyone else with regard to the subject matter of this Agreement.