In consideration for Participant being permitted to participate in the 5K Run/Walk (the “5K”), the undersigned hereby acknowledges, consents, and agrees as follows:
Representations of Participant. Participant hereby represents that Participant understands the nature of running running/walking events such as the 5K and that Participant is in good health, medically able and properly trained to participate in the 5K. Participant agrees to comply with the instructions as provided by the 5K officials, supervisors and support staff and to abide by any decision of any 5K official or supervisor relative to any aspect of Participant’s participation in the 5K, including, without limitation, the right of any 5K official or supervisor to deny or suspend Participant’s participation in the 5K for any reason whatsoever.
Knowledge of Risks. Participant acknowledges and agrees that Participant has been advised by EB Smart Enterprise LLC (“Sponsor”) and that Participant understands that Participant’s participation in the 5K may involve serious risks, including, without limitation, death, bodily injury, damage to personal property, and dangers resulting from injury or accident. Knowing the risks, dangers, and hazards involved in Participant’s participation in the 5K, Participant nevertheless voluntarily consents and agrees to participate in the 5K.
I, INDIVIDUALLY AND/OR IN MY CAPACITY AS PARENT/LEGAL GUARDIAN OF PARTICIPANT (AS APPLICABLE), HEREBY EXPRESSLY AND SPECIFICALLY ASSUME FULL RESPONSIBILITY FOR ANY AND ALL RISKS OF DEATH OR BODILY INJURY TO PARTICIPANT AND/OR PARTICIPANT’S PERSONAL PROPERTY RESULTING FROM OR ARISING OUT OF PARTICIPANT’S PARTICIPATION IN THE 5K, WHETHER CAUSED BY OR CONTRIBUTED BY THE NEGLIGENCE OF SPONSOR OR ANY OF THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, VOLUNTEERS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “EB SMART ENTERPRISE LLC”) OR OTHERWISE.
RELEASE AND WAIVER. I, INDIVIDUALLY AND/OR IN MY CAPACITY AS PARENT/LEGAL GUARDIAN OF PARTICIPANT (AS APPLICABLE), HEREBY, RELEASE, WAIVE, AND FOREVER DISCHARGE EB SMART ENTERPRISE LLC PARTIES FROM ANY AND ALL LIABILITY, CLAIMS, LOSSES, JUDGMENTS, DAMAGES, COSTS, EXPENSES, AND DEMANDS OF ANY KIND OR NATURE WHATSOEVER, EITHER IN LAW OR IN EQUITY, RESULTING OR ARISING FROM PARTICIPANT’S PARTICIPATION IN THE 5K. I, INDIVIDUALLY AND/OR IN MY CAPACITY AS PARENT/LEGAL GUARDIAN OF PARTICIPANT (AS APPLICABLE), HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT (I) THIS RELEASE DISCHARGES ALL OF EB SMART ENTERPRISE LLC PARTIES FROM ANY AND ALL LIABILITY THAT I, INDIVIDUALLY AND/OR IN MY CAPACITY AS PARENT/LEGAL GUARDIAN OF PARTICIPANT (AS APPLICABLE), MAY HAVE AGAINST EB SMART ENTERPRISE LLC PARTIES WITH RESPECT TO THE DEATH OR BODILY INJURY TO PARTICIPANT AND/OR DAMAGE TO PARTICPANT’S PERSONAL PROPERTY THAT MAY RESULT FROM PARTICIPANT’S PARTICIPATION IN THE 5K, AND (II) THIS RELEASE EXTENDS TO ALL ACTS OF NEGLIGENCE, WHETHER CAUSED BY OR CONTRIBUTED BY ANY OF EB SMART ENTERPRISE LLC PARTIES OR OTHERWISE.
INDEMNITY. I, INDIVIDUALLY AND/OR IN MY CAPACITY AS PARENT/LEGAL GUARDIAN OF PARTICIPANT (AS APPLICABLE), UNCONDITIONALLY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS EB SMART ENTERPRISE LLC PARTIES FROM ANY AND ALL LIABILITY, CLAIMS, LOSSES, JUDGMENTS, DAMAGES, DEMANDS, COSTS AND EXPENSES OF ANY KIND OR NATURE WHATSOEVER, EITHER IN LAW OR IN EQUITY, (INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEY’S FEES) INCURRED BY ANY OF EB SMART ENTERPRISE LLC PARTIES RESULTING OR ARISING FROM PARTICIPANT’S PARTICIPATION IN THE 5K, INCLUDING, WITHOUT LIMITATION, THE DEATH OR BODILY INJURY TO PARTICIPANT OR DAMAGE TO PARTICIPANT’S PERSONAL PROPERTY THAT MAY RESULT FROM PARTICIPANT’S PARTICIPATION IN THE 5K, WHETHER CAUSED BY OR CONTRIBUTED BY THE NEGLIGENCE OF ANY OF EB SMART ENTERPRISE LLC PARTIES OR OTHERWISE.
Medical Authorization. In the event of any injury or illness of Participant during the 5K, I, individually and/or in my capacity as parent/legal guardian of Participant (as applicable), hereby authorize and consent to the transportation of Participant to the nearest medical or dental facility, and, should the need arise, I hereby further authorize and consent to any x-ray, examination, anesthetic, medical or surgical diagnosis and treatment in the discretion of the attending physician or dentist. I understand that I am giving this authorization in advance of any specific diagnosis, treatment or hospital care being required and I am providing this authorization to give authority and power to render any care which the medical provider and/or dental provider deems advisable. None of the foregoing medical or dental treatments shall be withheld if, in the event Participant is a minor, I cannot be reached prior to the administration of such medical and/or dental treatments. I hereby agree that I shall be solely responsible for the payment of any and all costs for such medical and/or dental treatment of Participant, and in no event shall any of
EB SMART ENTERPRISE LLC be required to pay for any such costs or expenses. I, INDIVIDUALLY AND IN MY CAPACITY AS THE PARENT/LEGAL GUARDIAN OF PARTICIPANT (AS APPLICABLE), HEREBY, RELEASE, WAIVE, AND FOREVER DISCHARGE EB MART ENTERPRISE LLC PARTIES FROM ANY AND ALL LIABILITY, CLAIMS, LOSSES, JUDGMENTS, DAMAGES, COSTS, EXPENSES, AND DEMANDS OF ANY KIND OR NATURE WHATSOEVER, EITHER IN LAW OR IN EQUITY, RESULTING OR ARISING FROM ANY SUCH MEDICAL OR DENTAL TREATMENT RENDERED TO PARTICIPANT.
Photo/Video Consent and Release. I hereby authorize Sponsor to take photographs, recordings, and/or videos (whether electronic, digital, or otherwise) of Participant in connection with the 5K, and I hereby consent to the use, reproduction, and publication of such images by Sponsor in connection with the promotion and publicity of the activities of Sponsor including, without limitation, publication of such image on Sponsor’s website. I, individually and/or in my capacity as parent/legal guardian of Participant (as applicable), hereby waive any right to inspect or approve the actual use by Sponsor of any such image of Participant. Such images of Participant shall be the sole property of Sponsor, and I, individually and/or in my capacity as parent/legal guardian of Participant (as applicable), acknowledge and agree that neither I nor Participant shall be entitled to any compensation whatsoever should any such images of Participant be used by Sponsor.
COVENANT NOT TO SUE. I HEREBY ACKNOWLEDGE AND AGREE THAT I, INDIVIDUALLY AND/OR IN MY CAPACITY AS PARENT/LEGAL GUARDIAN OF PARTICIPANT (AS APPLICABLE), WILL NOT INSTITUTE ANY SUIT OR ACTION AT LAW, OR OTHERWISE, AGAINST ANY OF EB SMART ENTERPRISE LLC PARTIES OR INITIATE OR ASSIST IN THE PROSECUTION OF ANY CLAIM FOR DAMAGES, OR CAUSES OF ACTION, WHICH I, INDIVIDUALLY AND/OR IN MY CAPACITY AS PARENT/LEGAL GUARDIAN OF PARTICIPANT (AS APPLICABLE), MAY HAVE BY REASON OF INJURY OR DEATH TO PARTICIPANT OR DAMAGE TO PARTICIPANT’S PERSONAL PROPERTY RESULTING OR ARISING FROM PARTICIPANT’S PARTICIPATION IN THE 5K.
Severability. If any term, covenant, or condition of this 5K Run/Walk Release and Waiver of Liability (the “Agreement”) is, to any extent, invalid, illegal, or unenforceable, I hereby agree that the remainder of this Agreement shall not be affected thereby, and shall, notwithstanding, remain binding, valid, and enforceable to the fullest extent permitted by law.
