Summerfest Rock ‘n Sole Run, is an event produced by the Summerfest Foundation, Inc. The race director is Vision Event Management, LLC, the race sponsor is BMO Harris Bank N.A., and the proceeds of the event benefit the Boys & Girls Clubs of Greater Milwaukee and Summerfest Foundation, Inc. By checking the box below, you agree to the following RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT:
I understand that participating in this event is potentially hazardous, and that I should not enter and participate unless I am medically able and properly trained. In consideration of the acceptance of this entry, I assume full and complete responsibility for any injury or accident which may occur while I am traveling to or from the event, during the event, or while I am on the premises of the event. I also am aware of and assume all risks associated with participating in this event, including but not limited to falls, contact with other participants, effect of weather, traffic, and conditions of the course and road areas, and intending to be legally bound, do hereby:
1. Waive, release, forever discharge, indemnify, hold harmless, and covenant not to sue Summerfest Foundation, Inc., (Milwaukee World Festival, Inc., d/b/a Summerfest), Vision Event Management, LLC, Boys & Girls Clubs of Greater Milwaukee, Froedtert Health, Medical College of Wisconsin and Medical College of Wisconsin Affiliated Hospitals, and their respective officers, directors, employees, sponsors, and agents; USATF; and the City of Milwaukee, Milwaukee County, the State of Wisconsin, the Wisconsin Department of Transportation, or any other political subdivisions or agencies of government that own or operate portions of the course and road areas, BMO Harris Bank N.A., Bank of Montreal, their parent, subsidiary, affiliated and successor companies and each of their respective officers, directors, agents, representatives, shareholders and employees (collectively, the “Released Parties”) from all liability or claims including, without limitation, fees and expenses, whether in law or equity, known or unknown, resulting from, arising from, or incurred with respect to participation in the event.
2. Assume full responsibility for any risk of bodily injury, death or property damage arising out of or related to participation in the event, whether caused by any act of negligence of the Released Parties or otherwise.
3. Agree and acknowledge that the Released Parties shall not be subject to and expressly disclaim: (1) any obligations or liabilities arising out of breach of contract or warranty, (2) any obligations whatsoever arising from tort claims (including, without limitation, negligence and strict liability) or arising under other theories of law with respect to the conduct of the Summerfest Rock ‘n Sole Run, the award of any prize, or any undertakings, acts or omissions relating thereto, and (3) all consequential, incidental, punitive and contingent damages whatsoever.
4. Agree to indemnify and save and hold harmless the Released Parties from any loss, liability, damage, or cost they may incur arising out of or related to the event, its premises, or equipment, whether caused by any act of negligence of the Released Parties or otherwise; and,
5. Acknowledge that my participation or performance in the event may result in injury, but still desire to participate in the event at my risk. If a parent or guardian of a minor, you acknowledge that a portion of the course is an elevated interstate highway connector bridge, and you agree to allow the minor to participate in the event at his or her risk.
6. I further agree to be bound by all of the terms, covenants and conditions of this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT and acknowledge that it is intended to be as broad and inclusive as is permitted by the laws of the State of Wisconsin, and that if any portion thereof is held invalid, the surviving provisions shall remain in full force and effect. I acknowledge that I am required to follow all rules of conduct and shall not take unreasonable risks while participating in the event, including causing any other participant an unreasonable risk of harm.
7. I hereby certify that I am at least 18 years old. I have completely read and understand this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT and its terms. I understand that I have given up substantial rights by agreeing to it, and have checked the box below, to acknowledge that I freely and voluntarily agree without any inducement, assurance or guaranty being made to me.
8. I further grant full permission to Summerfest Foundation, Inc., Boys & Girls Clubs of Greater Milwaukee and BMO Harris Bank N.A. all rights to use and authorize others to use my name, likeness, picture, voice, city and state of residence, biographical materials and any materials submitted in connection with this event (“Image, Information and Materials”) for marketing and advertisement purposes (but not for any use constituting a direct endorsement by me of any product or service), in any media, worldwide, in perpetuity, and without need for compensation or royalty of any kind. I understand that the parties are not obligated to use any of my Image, Information and Materials, but may do so and may edit my Image, Information and Materials, at the individual party’s sole discretion, without further obligation or compensation to me.
READ BEFORE CHECKING THE BOX BELOW
THIS IS A RELEASE OF LIABILITY