By registering and participating in the 2nd Annual Miami Children's Hospital 5K Run/Walk – “the Event(s)”, which is scheduled to take place Saturday, September 29, 2012, Coral Gables, Florida, you – “the Athlete” – agree to:
1. I hereby represent that (i) I am in good health and in proper physical condition to participate in the Event; and (ii) I am not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in the Event. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Event.
2. I understand and acknowledge the physical and mental rigors associated with a 5K (3.1mi), run event, and realize that running/walking are inherently dangerous and represent an extreme test of a person’s physical and mental limits. I understand that participation involves risks and dangers which include, without limitation, the potential for serious bodily injury, permanent disability, paralysis and death; loss or damage to property; exposure to extreme conditions and circumstances; accidents, illness, contact or collision with other participants, spectators, vehicles or other natural or manmade objects; dangers arising from adverse weather conditions; imperfect course conditions; road and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Event Organizers; and other undefined harm or damage which may not be readily foreseeable, and other presently unknown risks and dangers (“Risks”). I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others participating in the Event, or the acts, inaction or negligence of the Released Parties defined below, and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I incur as a result of my participation in the Event.
3. I agree to be familiar with and abide by the Rules and Regulations established for the Event, including but not limited to the Competitive Rules adopted by USATF and the Guide to Prohibited Substances and Prohibited Methods of Doping adopted by the United States Anti-Doping Agency. I also accept sole responsibility for my own conduct and actions while participating in the Event, and the condition and adequacy of my equipment.
4. I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: USATF, Miami Children’s Hospital Foundation, (the Event Organizers), and Promoters, Race Directors, Sponsors, Advertisers, The City of Coral Gables, The City of Miami, Local Organizing Committees, Venues and Property Owners upon which the Event takes place, Law Enforcement Agencies and other Public Entities, such as Miami-Dade County, Miami-Dade County – Fire & Rescue Department, and all other organizations providing support for the Event, and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers (Individually and Collectively, the “Released Parties” or “Event Organizers”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and reasonable attorneys fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate to my participation in the Event, including claims for Liability caused in whole or in part by the negligence of the Released Parties. I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liability which any may be incurred as the result of such claim.
5. I hereby warrant that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it (including the rights of the minor, my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have signed this Agreement freely and voluntarily, without any inducement, assurance or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
6. I consent and agree that my registration information, such as name, last name, email, shirt size, age, and address, are being collected by the Event Organizers and related Event parties. I further agree and consent that any still photographs, motion pictures, or live video may be made of my guests and myself by the Event. This release gives the Event Organizers the right to use the above-listed information and visual material in conjunction with the promotion, organization, and production of the Event. Further, I hereby release the Event Organizers and forever discharge any claim of any nature against them as long as the material is used in compliance with the above stated.
7. The Event will take place rain or shine. However, certain circumstances can affect or impact the event, which are beyond the Organizer’s control – e.g. severe weather conditions. The Event Organizers shall have the right, at their election, to delay, alter, partially change, or cancel the event activities, to provide athletes and participants with a safe event. The event may also be canceled due to a result of an act of God, hurricane, earthquake, flood, lightening, water damage, unusually severe weather conditions, accidents to or failure of equipment or machinery, fire, labor controversy, riot, civil commotion, act of public enemy, or major upheaval, law, enactment, rule, order or act of any government or governmental instrumentality, failure of technical facilities, failure or delay of transportation facilities, illness, or incapacity, or other cause of a similar or dissimilar nature not reasonably within the Event Organizers control or which the Event Organizers could not by reasonable diligence have avoided (each such act specified herein shall be referred to as a “force majeure event”) without the Event Organizers bearing any liability hereunder.
8. Registering for the Event constitutes the acceptance of the terms and conditions set above, including acknowledging that any REGISTRATION FEES PAID FOR THIS EVENT ARE NON-REFUNDABLE AND NON-TRANSFERABLE.
By clicking "Register" you are agreeing to the aforementioned terms and conditions.