In consideration of the foregoing, I, for myself, my heirs, executors, administrators, personal representatives, successors and assigns, waive and release any and all rights, claims and courses of action I have or may have against EnMotive, Eastside Racing, Running Away, LLC and its affiliates, their agents, employees, officers, directors, successors and assigns and any and all sponsors, their representatives and successors, that may arise as a result of my participation in the Run the Plank and any pre- and post- event activities. I attest and verify that I am physically fit and have sufficiently trained for the completion of this event and my physical condition has been verified by a licensed medical doctor. Further, I hereby grant full permission to any and all of the foregoing to use any photographs, motion pictures, recordings, or any other record of this event for any legitimate purpose including commercial advertising, without monetary payment to me.
2019 RUN THE PLANK 5K EVENT
ALL PARTICIPANTS IN THE 2019 RUN THE PLANK (“Event”) ARE REQUIRED TO ASSUME ALL RISK OF PARTICIPATION IN THE EVENT BY SIGNING THIS RELEASE AND WAIVER OF LIABILITY AGREEMENT. The undersigned participant (“Participant”) on behalf of himself/herself and on behalf of the Participant’s personal representatives, assigns, heirs, and/or executors, hereby fully and forever releases, waives, discharges and covenants not to sue the County of Macomb, Township of Macomb, Immanuel Lutheran Church and School, St. Peter Lutheran Church and School, or St. Isidore Catholic Church or individuals related to the Event (collectively, “Releases”) from all liability to the Participant and his/her personal representatives, assigns, heirs and executors, for all loss(es) or damage(s) and any and all claims or demands therefore, on account of injury to the Participant or property or resulting in the death of the Participant, whether caused by the active or passive negligence of all or any of the Releases or otherwise, in connection with the Participant’s participation in the Event. The Participant represents and warrants that he/she is in good physical condition and is able to safely participate in the Event. The Participant is fully aware of the risks and hazards inherent in participating in the Event and hereby elects to voluntarily compete in the Event, knowing the risks associated with the Event, including, without limitation, falls, contact with other participants, weather conditions such as high heat and/or humidity, traffic and the condition of the road, all such risks being known and appreciated by the Participant. The Participant hereby assumes all risks of loss(es), damage(s), or injury(ies) that may be sustained by him/her while participating in the Event. The Participant warrants that all statements made herein are true and correct and understands that Releases have relied on them in allowing the Participant to participate in the Event.
ACTIVE REGISTRATION AGREEMENT AND LIABILITY WAIVER
(the "Agreement and Waiver")
- Authority to Register and/or to Act as Agent. You represent and warrant to the County of Macomb, Township of Macomb, Immanuel Lutheran Church and School, St. Peter Lutheran Church and School, and St. Isidore Catholic Church, in addition to any and all subsidiaries, affiliated entities, or entities that control or are controlled by the County of Macomb, the Township of Macomb, Immanuel Lutheran Church and School, St. Peter Lutheran Church and School, and St. Isidore Catholic Church singly or together and its officers, employees, contractors, subcontractors and agents that you have full legal authority to complete this event registration on behalf of yourself and/or any party you are registering (the "Registered Parties"). If you are registering a child under the age of 18 or an incapacitated adult you represent and warrant that you are the parent or legal guardian of that party and have the legal authority to enter into this agreement on their behalf and by proceeding with this event registration, you agree that the terms of this Agreement and Waiver shall apply equally to all Registered Parties. By registering a child under 13, you agree and consent to the collection of that child's information which you provide for the purposes of registration.
- Waiver. YOU UNDERSTAND THAT PARTICIPATION IN THE EVENT IS POTENTIALLY HAZARDOUS, AND THAT A REGISTERED PARTY SHOULD NOT PARTICIPATE UNLESS THEY ARE MEDICALLY ABLE AND PROPERLY TRAINED. YOU UNDERSTAND THAT EVENTS MAY BE HELD OVER PUBLIC ROADS AND FACILITIES OPEN TO THE PUBLIC DURING THE EVENT AND UPON WHICH HAZARDS ARE TO BE EXPECTED. PARTICIPATION CARRIES WITH IT CERTAIN INHERENT RISKS THAT CANNOT BE ELIMINATED COMPLETELY RANGING FROM MINOR INJURIES TO CATASTROPHIC INJURIES INCLUDING DEATH. YOU
UNDERSTAND AND AGREE THAT IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE EVENT, YOU AND ANY REGISTERED PARTY, THE HEIRS, PERSONAL REPRESENTATIVES OR ASSIGNS OF YOU OR THE REGISTERED PARTY DO HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE THE COUNTY OF MACOMB, THE TOWNSHIP OF MACOMB, IMMANUEL LUTHERAN CHURCH AND SCHOOL, ST. PETER LUTHERAN CHURCH AND SCHOOL, OR ST. ISIDORE CATHOLIC CHURCH, OR ANY OF ITS VOLUNTEERS OR AFFILIATES, FOR ANY AND ALL LIABILITY FROM ANY AND ALL CLAIMS ARISING FROM PARTICIPATION IN THE EVENT BY YOU OR ANY REGISTERED PARTY. You grant permission to all of the foregoing to use any photographs, motion pictures, recordings, or any other record of this event for any legitimate purpose. You understand that bicycles, skateboards, baby joggers, roller skates or inline skates and animals are not allowed in the event and you will abide by this guideline. You are aware that the Releases strongly discourage the use of personal audio devices (iPods and MP3 headsets, etc.).
- Indemnification. You agree to indemnify and hold The County of Macomb, The Township of Macomb, Immanuel Lutheran Church and School, St. Peter Lutheran Church and School, and St. Isidore Catholic Church harmless from and against any and all damages, costs, claims or demands, including reasonable attorneys' fees, made by any third party.
- 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 Michigan 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 YOUARE 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.