Girls on the Run 5k - Liability Waiver and Race Agreement:
I agree to participate in the Girls on the Run® 5K Event as a runner. I acknowledge that there are inherent risks in participating in the Event and that I am participating at my own risk. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, equipment, vehicular traffic, lack of hydration, and actions of other people including, but not limited to, participants, other volunteers, spectators, coaches, event officials, and directors of the 5K Event. While Girls on the Run takes all reasonable precautions, we can make no guarantees regarding these and other risks. I realize that liability may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained or controlled by them, or because of their possible liability without fault. I hereby assume all of the risks of participating.
Recognizing the risks of the 5K event, and in consideration for allowing participation in the 5K event, I hereby release, discharge and agree to hold harmless, and to indemnify Girls on the Run and Girls on the Run International, their owners, directors, officers, contributors, sponsors, employees, agents, and assigns against and from any causes of action, claims, demands, damages, costs, loss of services, expenses, compensation, all consequential damages and attorneys’ fees (regardless whether pursuant to the laws of any county, state or country) claimed by, through or on behalf of me related directly or indirectly to the 5k race, and specifically including any and all claims for personal injuries sustained while participating in the 5K event without regard to negligence or negligent conditions.
I hereby authorize Girls on the Run, if after a reasonable attempt has been made to reach a parent, guardian or emergency contact to obtain consent, or if sound medical practice decrees that there is not time to make such an attempt, to consent to any x-ray examination, anesthetic, dental, medical or surgical diagnosis or treatment, and hospital care, to be rendered to me under the general or special supervision and on the advice of any physician or surgeon who may treat me, and consent to any x-ray examination, anesthetic, dental, medical or surgical diagnosis or treatment and hospital care, to be rendered to me by any health care professional who may treat me. I agree to pay for any such treatment and to reimburse Girls on the Run for all costs and expenses.
I understand that at Girls on the Run events and activities, I may be photographed and/or filmed. I agree to allow my name, voice, photo, video, or likeness relating to my participation with Girls on the Run to be used for any legitimate purpose by event holders, sponsors, organizers, and/or assigns, and I waive all copyrights, rights of publicity or privacy and rights to any compensation in perpetuity to which I may otherwise be entitled as a result of the use of my name, voice, photo, video, and/or likeness.
I expressly agree that this consent is intended to be as broad and inclusive a release of liability as permitted by applicable law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. I hereby warrant and represent that I am 18 years old or older; I have carefully read this consent and agree to its terms and conditions, that before signing this agreement I had the chance to ask questions; and I am aware that by signing this consent, I assume all risks and waive and release certain substantial rights that I may have or possess against Girls on the Run. To the extent permitted by applicable law, I hereby irrevocably and unconditionally waive trial by jury in any legal action or proceeding related to this agreement.
2018 Kaiser Permanente Colfax Marathon – Liability Waiver and Race Agreement:
RELEASE AND WAIVER OF RIGHTS
PLEASE READ CAREFULLY BEFORE SIGNING.
THIS IS A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS.
1. In consideration of being able to participate in the in the 2018 Kaiser Permanente Colfax Marathon and/or its related activities and events, I hereby agree to release and hold harmless Colfax Marathon Partnership, Inc., Colfax Marathon, Kaiser Foundation Health Plan of Colorado, the governments of the Cities of Aurora, Denver, and Lakewood, Colorado, and all of their respective affiliated organizations and sponsors and respective insurance carriers, agents, volunteers, representatives, attorneys, assignees, members, managers, officers, directors, shareholders, contractors, and subcontractors (collectively referred to in this Release as “Colfax Marathon Released Parties”) for any and all liability and/or claims for injury or death or damage to property arising in any way from the 2018 Kaiser Permanente Colfax Marathon or related activities and events, including but not limited to all races, runs, and walks, transportation related to such activities, and celebrations, expos, and parties related to such activities (which are referred to collectively below as “activity” or “activities”).
2. I agree to not sue or bring any claim against Colfax Marathon Released Parties on any basis, including but not limited to, claims of negligence, negligence per se, premises liability, or breach of warranty. I understand that this Release includes a release of all claims even if they involve statutory violations or the negligent action or inactions of Colfax Marathon Released Parties.
3. I acknowledge the activities involve both known and unknown risks. The known risks include, but are not limited to:
falling; slipping; natural and manmade hazards; contact or impact with others or their items; running and walking conditions; uneven, loose, and/or slippery surfaces; collisions; falling objects; animals; adverse weather conditions including but not limited to heat, cold, lightning, rain, snow, and hail; traffic; vehicular accidents; criminal activities; limited access to and/or delay of medical attention; fatigue; illness; exhaustion; dehydration; heat-related injuries/illnesses; cold-related injuries/illnesses; frostbite; burns; trauma; and negligence of others.
I understand that the description of risks above is not complete and that the activities may be dangerous and include other risks. I voluntarily assume the risk of injury and/or death.
4. I agree that I will be personally liable for and will pay all reasonable attorneys’ fees and costs incurred by Colfax Marathon Released Parties in defending any lawsuits or claims covered by this Release or any activity of mine with Colfax Marathon Released Parties. I agree that under no circumstances will Colfax Marathon Released Parties ever be responsible for any of my attorneys’ fees.
5. I will not participate in any activities unless I am medically able to do so and properly trained.
6. I understand and acknowledge that I am not required to participate in the activities; and that should I participate in activities, that is my voluntary choice. I voluntarily assume all risks.
7. I agree to obey and accept the rules of the activities as published by the Colfax Marathon Released Parties or otherwise made known to me, and to abide by the decision of any race official concerning my ability to safely complete any of the activities.
8. If I need medical care, I will pay all costs associated with medical care and related transport, and release, defend, and indemnify Colfax Marathon Released Parties for any costs incurred from such medical care and transport, and any claims regarding medical care and/or transport (including claims regarding failure to provide medical care and/or transport). I further authorize any providers of medical care associated with the activities to assist me as, in the opinion of such persons, may be necessary or appropriate.
9. I agree to fully defend, indemnify, and hold harmless the Colfax Marathon Released Parties from any lawsuits or claims brought by any third persons that involved, in any manner, my actions or inactions.
10. I consent to the uncompensated use of my image or voice in any photographs, video, film, and sound recordings by the Colfax Marathon Released Parties for the purpose of publicizing or documenting the Activities or for any other related purpose.
11. I agree that if all or any portion of the 2018 Kaiser Permanente Colfax Marathon/Activities is/are cancelled for any reason, the Colfax Marathon Released Parties shall not have any liability to me as a result of such cancellation, including any obligation to refund my (or in the case of captains/coordinators, my team’s) entry fee, which is non-refundable in all circumstances.
12. Participants in the activities may be subject to formal drug testing in accordance with USA Track & Field rules and IAAF rule 144. Participants found positive for banned substances or who refuse to be tested will be disqualified from the Activities and may lose eligibility for future competitions. Some prescription and over-the-counter medications contain banned substances. Information regarding drugs and drug testing may be obtained by calling the USOC Hot Line at 1-800-233-0393.
13. I give permission to be contacted by interested media with regard to the activities or my participation therein. I understand the marathon course will only be open for six (6) hours (the half for 4 hours, and the 10 miler for 2.5 hours) and can finish within this time frame.
14. By signing this, I represent that I am at least 18 years of age, or, that my parent or legal guardian is also signing this document along with me. If I am signing as the parent or legal guardian, I represent that I am the legal parent or legal guardian of the minor participant.
15. If I am signing as the parent or guardian, I agree that I am signing this on behalf of the minor. I further agree that both I and the minor are bound by all the terms of this Release, and both I and the minor are considered “I” in all the clauses of this Release.
16. I agree that any and all claims for injury or death against Colfax Marathon Released Parties or related to this Release in any way shall be governed by Colorado law, and the exclusive jurisdiction of any such claim shall be in Colorado federal court or the City and County of Denver District or County Court.
17. For Captains/Coordinators – If I am a captain/coordinator registering an entire team, I represent that either (i) I have been authorized by my teammates to execute this Release on their behalf as their agent, and my signature constitutes acceptance of this Release by me and by the other participants on my team or (ii) I am responsible for having all team members sign the waiver electronically. I further agree to fully defend, indemnify, and hold harmless the Colfax Marathon Released Parties regarding any claims by my teammates.
18. The provisions of this Release and any other liability waiver to which I agree (including the waiver printed on the back of my race bib) are cumulative and do not replace or supersede each other.
19. This Release is binding to the fullest extent permitted by law. If any provision of this Release is found to be unenforceable, the remaining terms shall remain enforceable. I agree that this Release shall be binding upon my assignees, subrogors, heirs, next of kin, executors, and personal representatives.
20. I have read and fully understand the terms of this Release. I confirm that I voluntarily agree to the terms of this Release and I voluntarily agree to participate in the activities.
21. I understand and agree that entry fees are non-refundable and non-deferrable. There is a fee for transferring registrations to another runner.