By indicating your acceptance, you understand, agree, warrant and covenant as follows: Waiver and Release: The undersigned, in consideration for Green Stride allowing my participation in the Newburyport Half Marathon, acknowledge that my participation in the Newburyport Half Marathon run entails inherent risks such as death, injury and damage to property. Those risks include, but are not limited to, death, injuries and damages resulting from the following: 1. The negligence of Green Stride and its affiliated organizations which provide employees, goods or services in connection with the Newburyport Half Marathon, or their owners, employees, representatives, volunteers or agents; the negligence of guests, visitors or other persons who may be present at or participating in the Newburyport Half Marathon run; or the negligence of any applicable governmental entities; 2. Slips, trips, falls, crashes or other such accidents that occur while participating in the , Newburyport Half Marathon or which may be caused by other persons participation in the Newburyport Half Marathon 3. The negligence or lack of adequate training of Green Stride or Newburyport Half Marathon employees, representatives, volunteers, or agents who seek to assist with medical or other help either before or after injuries have occurred. I agree to release from all liability, discharge and promise not to take legal action against: (i) Green Stride, Newburyport Half Marathon staff, Sub5 Race Management LLC and its affiliated organizations which provide employees, goods or services in connection with the Newburyport Half Marathon, and their directors, owners, employees, representatives, volunteers or agents , (ii) any guest, visitor or other person present or participating in the Newburyport Half Marathon; (iii) any sponsor of the Newburyport Half Marathon, their directors, owners, employees, representatives, volunteers or agents; or (iv) any applicable governmental entities, their directors, employees, representatives, volunteers or agents. I agree to release the aforementioned organizations and persons from any liability to me, my heirs, next of kin, assigns or personal representatives for any losses, damages, claims or demand arising out of my death, injuries or damages to property, even if their individual or collective negligence contributes to such death, injuries or damages. Assumption of Risk: I certify to Newburyport Half Marathon that I am eighteen (18) years of age or older, physically fit, have sufficiently trained for participating in the Newburyport Half Marathon, and have not been advised against participating in the Newburyport Half Marathon run or other similar activities by a qualified health professional. I freely and voluntarily assume complete personal responsibility for all risks and for my death or any injury or damage that may occur to me or my property as a result of these risks, even if such death, injury or damage occurs in a manner that is not foreseeable to me at this time. I realize that by voluntarily assuming the risks involved, I will be solely responsible for my death or any injury or damage that I sustain. I have read this Assumption of Risk thoroughly and understand the terms. My participation in the Newburyport Half Marathon and my execution of this Assumption of Risk are both purely voluntary and I elect to do so in spite of the risks. Moreover, I understand that Newburyport Half Marathon, and/or those authorized by Newburyport Half Marathon, will be taking photographs and making audio and video recordings of the Newburyport Half Marathon and its related events. I hereby irrevocably consent to and grant Newburyport Half Marathon, and/or anyone authorized by Newburyport Half Marathon, the exclusive right to the ownership and use of (i) any and all photographs taken by Newburyport Half Marathon, and/or those authorized by Newburyport Half Marathon, that contain my image or likeness; (ii) any and all audio recordings made by Newburyport Half Marathon, and/or anyone authorized by Newburyport Half Marathon, that contain my name or voice; and/ or (iii) any and all video recordings made by Newburyport Half Marathon, and/or anyone authorized by Newburyport Half Marathon, that contain my image, likeness, name or voice; for any lawful purpose whatsoever in connection with the Newburyport Half Marathon and its related events. Sub5 Race Management LLC Waiver 1. Limitation of Liability; Disclaimer of Warranties. Green Stride SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE Green Stride OR (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR (C) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH Green Stride OR (D) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF Green Stride HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF Green Stride IS AT YOUR SOLE RISK. Green Stride IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. Green Stride EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Green Stride makes no warranty that the Green Stride services will be uninterrupted, secure or error free. Green Stride does not guarantee the accuracy or completeness of any information in, or provided in connection with, the Green Stride sites. Green Stride is not responsible for any errors or omissions, or for the results obtained from the use of such information. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Green Stride sites is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data. 2 Indemnification. You agree to indemnify and hold each of Green Stride, Sub 5 Race Management LLC, Southermost Runners, harmless from and against any and all damages, costs, claims or demands, including reasonable attorneys' fees, made by any third party due to or arising from or relating to your use of Green Stride or the violation of any term of this Agreement and Waiver. 3 Applicable Law; Consent to Jurisdiction. Green Stride events (excluding linked sites) are controlled by Green Stride from its offices within the State of Massachusetts, United States of America. By completing this event registration, both you, Green Stride, Sub5 Race Management and Southernmost Runners agree that the statutes and laws of the State of Massachusetts, without regard to the conflict of laws principles thereof, will apply to all matters relating to this event registration, this Agreement and Waiver, the Terms of Use or other use of Green Stride and its events. You agree that exclusive jurisdiction for any dispute with Green Stride resides in the courts of the State of Massachusetts and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Massachusetts in connection with any dispute including any claim involving Green Stride, Sub5 Race Management LLC and Southernmost Runners or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. 4 Severability. You further expressly agree that this Agreement and Waiver is intended to be as broad and inclusive as is permitted by the law of the State of Massachusetts and that if any provision of this Agreement and Waiver shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and Waiver and shall not affect the validity and enforceability of any remaining provisions. BY INDICATING YOUR ACCEPTANCE OF THIS AGREEEMENT AND WAIVER, YOU ARE AFFIRMING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND WAIVER AND FULLY UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE SIGNING THE AGREEMENT AND WAIVER FREELY AND VOLUNTARILY, AND INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
