Waiver and Release
By my signature herein, I hereby acknowledge that the fun run for which I am registering is a strenuous activity which is beyond the capability of some people, and may cause minor, severe and/or permanent injuries or death to those people that are not in sufficient physical fitness, training and/or experience. I have made my own determination as to whether or not I am able to safely participate in such a run/walk. I recognize that Seth Kopf d/b/a Kopf Running has not evaluated my ability to participate in such run/walk. I also recognize that any advice dispensed through Seth Kopf d/b/a Kopf Running may not be appropriate for me, and it is my responsibility to make this determination.
I acknowledge that running or walking in a 5K is an extreme test of a person's physical and mental limits and carries with it, regardless of physical fitness or experience, the potential for death, serious injury and property loss. I hereby assume the risks of participating in such a run/walk. I certify that my level of physical fitness is appropriate to participate in the running / walking which I am voluntarily undertaking. I certify that I have sufficiently trained or have prepared for such run/walk and that I have not been advised against participation in such activity by a qualified health care professional.
I, for myself, my past, present and future agents, attorneys, representatives, predecessors, successors, assigns, heirs and executors, do hereby waive, release and discharge Seth Kopf d/b/a Kopf Running, its past, present and future members, officers, agents, representatives, contractors, attorneys, any participants in Seth Kopf d/b/a Kopf Running personal training other than myself, parents, subsidiaries, predecessors, successors, affiliates, assigns, sponsors any event for which this training is geared or based, and any organizer, sponsor, speaker, volunteer, city, town, village or other municipality or governmental entity associated with such event (“Seth Kopf d/b/a Kopf Running’s Parties”) from any and all matter of liability, claims for damages, causes of action, suits, proceedings, compensation, attorneys fees, costs and expenses of suits, claims and demands whatsoever, which may arise in the future from my participation in personal training through Seth Kopf d/b/a Kopf Running, including, but not limited to any and all claims, losses or liabilities for death, personal injury, partial or permanent disability, property damage, medical or hospital bills, theft or damage of any kind, including economic losses, which may in the future arise out of or relate to my participation in or traveling to and from running/walking in the fun run with Seth Kopf d/b/a Kopf Running.
I acknowledge that there may be motor vehicles, cycles (motor-driven or otherwise), persons (whether on foot, cycle or otherwise), dangerous or adverse road/trail/route or water conditions, road/trail/route or water hazards, water-craft, obstacles or other objects present in water, wildlife, marine life or other animals present during the run/walk, and hereby assume the risk related thereto of participating in the run/walk put on by Seth Kopf d/b/a Kopf Running. I hereby assume any and all other risks associated with participating in the run/walk through Seth Kopf d/b/a Kopf Running, including contact or effects of other participants and effects of weather.
I AGREE NOT TO SUE any of Seth Kopf d/b/a Kopf Running’s Parties for any and all claims made or liabilities assessed against them as discharged herein. I INDEMNIFY AND HOLD HARMLESS the Seth Kopf d/b/a Kopf Running’s Parties from any and all claims made or liabilities assessed against them as a result of (i) my actions or inactions (ii) the actions, inactions or negligence of others including those parties hereby indemnified (iii) the conditions of the facilities, equipment or areas where the event or activity is being conducted and (iv) any other harm caused by an occurrence related to personal training through Seth Kopf d/b/a Kopf Running. I GRANT PERMISSION for the use of my name and/or likeness relating to my participation in the run/walk and I WAIVE all rights to any future compensation to which I may otherwise be entitled as a result of the use of my name or likeness.
I HEREBY AFFIRM THAT I AM EIGHTEEN (18) YEARS OF AGE OR OLDER, I HAVE READ THIS DOCUMENT AND I UNDERSTAND ITS CONTENTS.
In consideration of my participation in Henry's Thanksgiving Day Hustle 5K, including but not limited to any and all training and workout sessions, races, and all related social events and pre- and post-race activities (collectively, the “Run/Walk”), I, for myself and my heirs, executors, administrators, personal representatives, successors and assigns, waive any and all rights, claims and causes of action I have or may have against Seth Kopf d/b/a Kopf Running, all medical service providers, and the officers, directors, employees, representatives, successors and assigns of each of the foregoing that may arise as a result of my participation in the run/walk. By signing below, I acknowledge my understanding that my participation in the run/walk involves rigorous physical activity and that it potentially may be hazardous. I attest and verify that I am physically fit and that, if appropriate, my physical fitness to participate in the run/walk has been verified by a licensed medical doctor. I expressly assume all known and unknown risks associated with participating in the run/walk, including but not limited to: loss of or damage to my property; injury (including death); accidents; the effects of weather; and terrain conditions that may vary widely, and that may include uneven and/or slippery surfaces, spectators, participants, and natural and man made obstacles (including without limitation, vehicles, security barriers, signs, cables, mats, and debris on the course). I hereby agree to indemnify all the aforementioned entities for all claims and losses (including attorney's fees and court costs), which may be brought against any one or more of them by anyone claiming to have been injured or otherwise to have suffered loss or damage as a result of my participation in the run/walk. I further grant full permission to any and all of the foregoing to store, use and/or reproduce my image or likeness by any audio and/or visual recording technique (including electronic/digital) now in existence or hereafter invented, for any legitimate purpose, including commercial sales and marketing purposes.