THE SANITY CHASE WAIVER AND RELEASE OF CLAIMS, ASSUMPTION OF RISK AND CONSENT TO MEDICAL TREATMENT
PLEASE READ THIS DOCUMENT (“WAIVER”) CAREFULLY. BY SIGNING BELOW, YOU (ON BEHALF OF YOURSELF OR YOUR MINOR CHILD/WARD AND ANY PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, AND NEXT OF KIN) ACKNOWLEDGE, AGREE AND REPRESENT THAT YOU HAVE CAREFULLY READ AND FULLY UNDERSTAND THE WAIVER AND HAVE AGREED TO ITS TERMS.
As used in this Waiver, the term “Releasees” is defined to include the following: (i) WOMEN RUN, INC., its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, representatives, successors and assigns (collectively, “Women-Run”); (ii) the owner(s) of the venues where the Event is held (“Premises”); (iii) any Event volunteers; and (iv) any Event sponsors, affiliates and contractors of such sponsors, and their respective employees.
In consideration of this entry being accepted for my participation in The Sanity Chase (“Event”), I agree to the following terms, conditions, waivers and releases:
1. I acknowledge, understand and agree that my participation in the Event is voluntary.
2. I acknowledge that the Event is a risky activity that presents extreme obstacles including, but not limited to, difficult climbs, water obstacles, and hills.
3. I agree not to participate unless I am medically able.
4. I agree to not consume alcohol prior to the Event or ingest any medicines or substances that will inhibit my mental or physical ability to safely participate in the Event. If I choose to consume alcoholic beverages after the Event, I will do so responsibility and only if I am over the age of 21.
5. I acknowledge and agree that participation in the Event requires extreme feats of a person’s physical and mental limits and carries with it the potential for death, serious injury or property loss.
6. I assume all risks associated with competing in the Event, including but not limited to falls, contact with other participants, negligent or wanton acts of other participants, completing all obstacles, defects or condition of the Premises, the effects of the weather, including high heat and/or humidity, cold weather, rainy and wet weather, hurricanes or any other adverse weather conditions, and all such risks being known and appreciated by me.
7. In consideration of this entry being accepted, I expressly WAIVE, RELEASE, and DISCHARGE Women-Run, the landlord(s) of the Premises and each of their respective affiliates, parent companies, subsidiaries and assigns and their members, managers, shareholders, directors, officers, agents, volunteers, clubs, sponsors, promoters and employees (the “Releasees”) from any and all claims, loss, costs, expenses or liabilities (including those involving death, disability, personal injury or property damage) which may accrue to me or my minor child/ward arising out of, connected with, or in any way associated with the Event or the Premises or related activities, whether caused, in whole or in part, by the sole or concurrent negligence of any Releasee or the NEGLIGENCE or others (whether active or passive) or the wrongdoing, strict liability or fault of the Releasees or otherwise, with the exception of those caused by willful and/or wanton conduct or gross negligence of the Releasees ("Claims").
8. I hereby RELEASE, DISCHARGE, WAIVE, and RELINQUISH the Releasees from any and all Claims caused by the condition and/or maintenance of the Premises or any of its structures.
9. In further consideration of this entry being accepted, I hereby for myself, heirs, executors, administrators, WAIVE and RELEASE any and all right and claim for damages I may have against the R.I. Department of Environmental Management, the State of Rhode Island, the Fort Adams Trust, the Fort Adams Foundation, their agents, representatives, successors, employees and assigns for any and all injuries I may suffer at the Event or on the Premises or while traveling to or returning there, except for those proximately caused by the willful tortious acts of the State, the Fort Adams Trust, the Fort Adams Foundation, its agents, servants and employees.
10. I agree to permit the full use of my name and picture in any broadcast, telecast, news release, internet website or other account of the Event.
11. I acknowledge that I need to maintain my own medical, disability, and life insurance sufficient to cover any expenses and damages (including loss of income) that I, or my family, may incur, arising from my injury, disability or death at the Event or on the premises or while traveling to or returning from there.
12. I agree to observe and obey all posted rules and warnings, to follow any instructions or directions given by Event volunteers, employees or representatives and to abide by any decision of a race official/organizer/director relative to my ability to safely complete the race.
13. I agree that the Releasees are not responsible in any way for any of my personal items or property that are lost or stolen in the gear check area.
14. I consent to emergency medical care and transportation in order to obtain treatment in the event of injury to me or my minor child/ward as medical professionals may deem appropriate. This Release extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency.
15. I acknowledge and will abide by the rule that no pets, wheeled baby conveyances or other wheeled devices of conveyance are permitted on the Event course.
16. I acknowledge that all entries are final with no refunds.
17. I acknowledge that the official Event directors reserve the right to cancel the Event in any event of emergency, weather, local or national disaster, accidents, acts of war or terrorism, or for any reason that will affect the safety and security of Event participants and attendees, and in the event of cancellation or change there will be no refund of entry fees.
18. I acknowledge that participants are expected to exhibit appropriate behavior at all times while at the Event, including obeying all laws. This includes respect for all people, equipment, and facilities, and cooperative, positive participation. The Event may dismiss, without refund, anyone whose behavior negatively endangers safety or negatively affects a race, a person, a facility, or property of any type or kind. I also agree to indemnify the Releasees from any and all third party claims caused in whole or in part by my actions.
19. I acknowledge that the laws of the Commonwealth of Massachusetts shall apply to all matters relating to this Waiver regardless of the location of the Event, that the exclusive jurisdiction for any dispute under this Agreement resides in federal or state court in Boston, Massachusetts, and I expressly consent to the exercise of personal jurisdiction by the federal and state courts in the Commonwealth of Massachusetts in connection with any dispute with any of the Releasees arising from this Waiver or my participation in and attendance at the Event.
I HAVE CAREFULLY READ, ACCEPTED AND AGREED TO THE TERMS ON THIS WAIVER, AND KNOW AND FULLY UNDERSTAND ITS TERMS, AND I SIGN THE SAME VOLUNTARILY. I INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. THIS RELEASE AND WAIVER SHALL BE BINDING UPON ME AND MY HEIRS, LEGAL REPRESENTATIVES AND ASSIGNS.
The undersigned further agrees that this Release and Waiver is intended to be as broad and inclusive as permitted by law in the Commonwealth of Massachusetts, and that if any portion hereof is found invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect.