PARTICIPANT WAIVER, RELEASE OF LIABILITY, COVENANT NOT TO SUE & IMAGE RELEASE
I understand that by checking the box on the registration page of this submission, I am agreeing to the terms below in this electronic waiver form. I have fully read and understand these terms and to what I am agreeing.
1. In consideration of being allowed to participate in any way in the Happy Birthday LA 5K Run, also known as: BlacklistLA Presents: HBD LA 5K; HBD LA 5K Run; HBD LA; HBD (Happy Birthday) LA 5K; HBD LA 5K Fun Run; HBD LA 5K Race, or HBD LA Fun Run, run and/or related events and/or activities (hereinafter referred to as “HBD LA 5K”), I, the undersigned, acknowledge, covenant and agree that:
The risk of injury and/or death from the activities involved in the HBD LA 5K is significant, including but not limited to the following: (i) damage to one or multiple muscles; (ii) damage to one or multiple tendons; (iii) sprains; (iv) strains; (v) fractures; (vi) heat and cold injuries; (vii) exhaustion; (viii) injuries involving vehicles; (ix) animal bites and/or stings; (x) contact with poisonous plants; (xi) damage to one or multiple ligaments; (xii) damage to one or more joints; (xiii) heart attack; and (xiv) the potential for permanent paralysis and/or death. While particular rules, equipment, and personal discipline may reduce this risk, the risk of death or serious injury does exist;
2. There is inherent risk in participating in the HBD LA 5K. There may be conditions that may be hazardous including but not limited to: (i) uneven running surfaces; (ii) dark lighting; (iii) cracks, holes, exposed tree roots, debris or other disruptive conditions on the roads and/or sidewalks; (iv) large groups of runners or other participants causing congestion; (v) sharp turns in the run course; (vi) materials or personnel related to construction; (vii) falling debris; (viii) tables and personnel along the course of the run; (ix) empty cups, wrappers or other material on the ground; (x) loud and/or disruptive music, (xi) other runners, (xii) bright lights, (xiii) course dividers and barricades; (xiv) street performers and their equipment; (xv) wanton or negligent acts of other participants; and/or other hazardous or disruptive conditions;
3. AFTER TAKING THE OPPORTUNITY TO FULLY INFORM MYSELF ABOUT THE HBD LA 5K, I KNOWINGLY AND FREELY ASSUME AND ACCEPT ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, and assume full responsibility and all risks for my participation in the HBD LA 5K;
4. I, for myself and on behalf of my heirs, assigns, personal representatives and/or next of kin, forever WAIVE, RELEASE, DISCHARGE and COVENANT NOT TO SUE: ANY HBD LA 5K RUN COMMITTEE MEMBER, VOLUNTEER OR INTERN; ANY MEMBER OF THE BLACKLIST LA CORE LEADERSHIP TEAM OR RELATED PERSONNEL INCLUDING BUT NOT LIMITED TO PULSE KEEPERS, PACERS AND VOLUNTEERS, and/or THE CITY OF LOS ANGELES and their officers, directors, representatives, officials, principals, agents and/or employees, subsidiaries, and/or assigns, as well as their independent contractors, sponsoring agencies, sponsors, advertisers, volunteers, and if applicable, owners and lessors of the premises used to conduct the HBD LA 5K(collectively, the “Releasees”), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, and/or loss or damage to person or property, incurred by me in connection with participation in the HBD LA 5K. I further agree to indemnify, defend and hold harmless Releasees from any loss, liability, cost, claim or damages arising from my participation in or association with activities and events organized and sponsored by the HBD LA 5K;
5. I agree and acknowledge that it is always advisable, especially if the participant is pregnant or disabled in any way or recently suffered an illness, injury or impairment, to consult a physician before undertaking any physical activity. I attest that I am free from all illnesses, injuries and defects that could interfere with my safe participation in the HBD LA 5K, which I am solely responsible to determine. My participation in any and all activities associated with the HBD LA 5K is entirely voluntary;
6. I consent to administration of first aid and other medical treatment in the event of injury or illness and hereby release and indemnify Releasees from any and all liability or claims arising out of such treatment;
7. I voluntarily agree to comply with the stated and customary terms and conditions for participation, including but not limited to any decision by a race official. If, however, I observe any unusual and/or significant hazard during my presence or participation, I will remove myself from participation and bring such hazard to the attention of the nearest official. A lack of a decision by a race official does not create any liability whatsoever;
8. I agree that HBD LA 5K is not responsible for any personal items or property that are lost, stolen or damaged at or during the event;
9. The Releasees reserve the right, in their sole and absolute discretion, to postpone, cancel, or modify the event due to weather conditions, Acts of God or other factors beyond the control of the Releasees that might affect the health and/or safety of the participants.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. When registering online, my online agreement shall substitute for and have the same legal effect as an original form signature. PARTICIPATION WILL BE DENIED if I have not acknowledged and indicated acceptance of the terms of this document before the start of the HBD LA 5K.
10. I irrevocably grant unlimited permission to Releasees as defined in section 4 above, to use, reproduce, sell and distribute any and all photographs, images, videotapes, motion pictures, recordings, or any other depiction of any kind of me or of my participation in the HBD LA 5K or related activity for any legitimate purpose in perpetuity and I understand that I shall not be entitled to any compensation therefore.
11. I hereby irrevocably and absolutely grant permission to the Releasees to film, videotape and record gratis the performance of the above named participant (referred to herein as “I”, “me”, “my”) in the HBD LA 5K and subsequently to telecast, sell, distribute and otherwise utilize the same in whatever manner Releasees shall deem appropriate. Such permission shall include granting the unlimited and irrevocable right to Releasees, without compensation of any kind to me, to use, reproduce or broadcast, my name, nickname, image, likeness, voice, photograph, signature facsimile, and biographical information in connection with the HBD LA 5K without compensation of any kind to me. I acknowledge that Releasees and their representatives shall have the unlimited right throughout the world to copyright, use, reuse, publish, republish, broadcast and otherwise distribute depictions of or information about me and all or any portion of the HBD LA 5K in which I may appear on any and all radio, network, cable and local television programs and in any print materials and in any other format or media (including electronic media) now known or hereinafter devised in perpetuity and without compensation to me. In consideration and in return for being allowed to participate in the HBD LA 5K, I release and agree not to sue the Releasees from all present and future claims regarding my participation in the HBD LA 5K that may be made by me, my family, estate heirs, or assigns