PARTICIPATION AND RELEASE
This Participation and Release (“Release”) is provided in connection with, and as a condition of, participation in the Aevidum Virtual 5K (the “Event”) fundraising event organized by and for the benefit of Aevidum, a tax-exempt public charity (the “Charity”). The undersigned, for him/herself and for his/her child(ren) and/or ward(s) (together “Participants”) and their personal representatives, heirs, assigns, and next of kin, and in consideration of Participants ability to participate in the Event, hereby agree to and intend to be legally bound by the following:
• Assumption of Risk. Participants understand that there are inherent risks and hazards (e.g. weather, temperature, physical condition/hydration, traffic, actions of other people) associated with the Event that may result in property damage, illness, and/or bodily injury (including death), or other loss (together “Losses”) to Participants and/or bystanders. Participants may walk, run, swim, or bike during the Event, each of which poses unique risks and hazards. Participants represent and warrant that they are sufficiently trained and/or capable to safely participate in the Event, are physically fit, will wear appropriate attire/foot gear, and have not be advised otherwise by a qualified medical professional. Participants agree: (i) to exercise due care to ensure their safety and that of others within the proximity of Participants, (iii) to voluntarily assume all risks associated with participating in the Event, and (iii), to assume full and complete responsibility and liability for any and all Losses caused or incurred by Participants.
If Participants are participating in the virtual Event, Participants are responsible for conducting the walk, run, bike, or swim in a safe manner that complies with applicable laws, rules, and regulations for the municipalities in which Participants conduct their individual virtual Events. Participants acknowledge that all terms of this Release apply regardless of whether Participants participate in an in-person Event or a virtual Event.
• Release of Liability. Participants release, waive and forever discharge the Charity and its employees, agents, officers, directors, and representatives (in their official or individual capacities), including, but not limited to, the Event coordinators, planners, volunteers, subcontractors, promoters, sponsors and others, jointly and severally (together “Releasees”), from any and all Losses or liability that Participants may incur, including, but not limited to, any claims, demands, causes of action, judgments, damages, costs and expenses (including attorneys’ fees) (together “Claims”), which arise out of, result from, occur during, or are connected in any manner with participation in the Event and/or any travel to/from the Event, whether or not such Claims are caused by any act, omission or negligence of the Releasees. In no event shall Releasees be responsible to Participants (including for the return of any Event registration fees or other donations made) for Participants inability to participate in all or a portion of the Event.
• Fundraising. Participants acknowledge that the Event is a fundraiser. As such, registration fees will not be refunded regardless of Participants’ ability to participate in all or part of the Event, to complete the Event, or if the Event must be cancelled or rescheduled for any reason.
• Insurance. Participants understand and agree that Charity does not, and has no responsibility to, carry or maintain health, medical, disability, or liability insurance coverage for Participants. Participants are solely responsible for maintaining all such insurance and other benefits.
• Indemnification. Participants, for themselves and their personal representatives, heirs, assigns, and next of kin, agree to indemnify, defend and hold harmless the Releasees, from any and all Claims (including third-party Claims), which arise out of, occur during, or are connected in any manner with any act, omission, or negligence of Participants.
• Age & Guardian Certification. If any Participant is a minor (under 18 years), the undersigned represents and warrants that (i) (s)he the parent or lawful guardian of the minor(s) participating in the Event, and (ii) the parent or legal guardian of the minor(s) and will exercise appropriate supervision, responsibility and control over said minor at all times.
• Code of Conduct. By participating in the Event, you are representing yourself, other Participants, and the Charity. As such your understanding of appropriate behavior is essential to the enjoyment of the Event, and most importantly, your safety and the safety of other Participants. Participant understands that as a condition of your participation in the Event, you agree to: (i) not wear and/or display crude or inappropriate images, signage, banners, or flags, (ii) avoid the use of profanity and/or inappropriate language or behavior, and (iii) abide by the rules and direction of Event or Charity staff for the duration of the Event. Participant understands that failure to follow this Code of Conduct may lead to their dismissal from the Event.
I HEREBY CERTIFY THAT I HAVE READ THE RELEASE AND HAD AN OPPORTUNITY TO ASK QUESTIONS ABOUT ANY PROVISIONS I DID NOT UNDERSTAND; AND ACKNOWLEDGE THAT BY CHECKING THE BOX, I AM ELECTRONICALLY SIGNING THIS AGREEMENT, WHICH MAY RESULT IN FORGOING MY VALUABLE LEGAL RIGHTS.