ALL PARTICIPANTS IN THIS RACE AND RELATED EVENTS (“EVENT”) ARE REQUIRED TO, AND
HEREBY DO, ASSUME ALL RISK OF PARTICIPATION IN THE EVENT BY SIGNING THIS GENERAL
RELEASE AGREEMENT.
The undersigned athlete (“Athlete”) on behalf of himself/herself and on behalf
of Athlete’s personal representatives, assigns, heirs, executors, and successors
hereby fully and forever releases, waives, discharges and covenants not to sue
Wag Walk Run, the state in which the event takes place, as well as the town,
city and county in which the event takes place, any or all of the charities or
organizations affiliated with the Event, all municipal agencies whose property
and/or personnel are used or in any way assist and all other sponsoring or
co-sponsoring companies, organizations or individuals related to the Event, and
the directors, officers, affiliates, employees, representatives, volunteers,
sponsors, agents or other relations to such (collectively, the “Releasees”) from
any and all liability to the Athlete and his/her personal representatives,
assigns, heirs, executors, and successors for any and all loss(es) or damage(s)
and any and all claims or demands therefore, on account of injury to the Athlete
or property or resulting in the death of the Athlete, whether caused by the
active or passive negligence of all or any of the Releasees or otherwise, in
connection with the Athlete’s participation in the Event.
The Athlete represents and warrants that he/she is in good physical condition
and is able to safely participate in the Event. The Athlete is fully aware of
the risks and hazards inherent in participating in the Event, and the Athlete
voluntarily assumes these risks. The Athlete attests and verifies that s/he is
physically fit and has sufficiently trained for the completion of the Event in
which s/he participates and that his/her physical condition has been verified by
a medical doctor. It is understood and agreed that Athlete hereby assumes
liability for any and all medical expenses incurred as a result of training for
and/or participation in the Event, including but not limited to ambulance
transport, hospital stays, physician and pharmaceutical goods and services. The
Athlete hereby grants full permission to any and all of the foregoing to use
his/her name, picture, video, voice, and/or that of my minor children and/or pet
(if applicable), without compensation or notice in any broadcast, telecast,
advertising, promotion or other account of this event for any purposes
whatsoever. The Athlete acknowledges that providing his/her email address on the
entry form entitles the Event to email him/her regarding related topics. The
Athlete acknowledges that the entry fee paid is non-refundable and
non-transferable. The Athlete acknowledges and agrees that the Event and/or
agents, in its sole discretion, may delay or cancel the Event if it believes the
conditions on the race day are unsafe. In the event the Event is delayed or
cancelled for any reason, including but not limited to: fire, threatened or
actual strike, labor difficulty, work stoppage, insurrection, war, public
disaster, flood, unavoidable casualty, acts of God or the elements (including
without limitation, rain, hail, hurricane, tornado, earthquake), or any other
cause beyond the control of the Event, there shall be no refund of the entry fee
or any other costs of the Athlete in connection with the Event.
The Athlete agrees to hold Wag Walk Run and the Humane Society of Henderson
County, KY, their members, directors, officers, agents, volunteers and employees
harmless from any claim for loss or injury that may be alleged to have been
caused directly or indirectly to any person or thing by the act of other
persons, owners, guardians and/or their dog(s) while in or upon the grounds or
near any entrance thereto, and the Athlete assumes all responsibility and
liability for any such claim. The Athlete represents and warrants that his/her
dog is in good physical condition and is able to safely participate in the
Event. The Athlete further agrees to hold the aforementioned parties harmless
from any claim for loss of our dog(s) by disappearance, theft, death or
otherwise, and from any claim for damage or injury to our dog(s), whether such
loss, disappearance, theft, damage or injury, be caused or alleged to be caused
by the negligence of Wag Walk Run, Humane Society of Henderson County, KY or any
of the parties aforementioned, or by the negligence of any other person, or any
other cause or causes. Risks may include, but are not limited to, injury or
damage caused directly or indirectly as a result of dog fights, dog bites, being
knocked-down, chased or tripped, dog(s) being hit by a motor vehicle, etc. The
Athlete hereby assumes the sole responsibility for and agrees to indemnify and
save the aforementioned parties harmless or this unsupervised facility from any
and all loss and expense (including legal and expert witness fees) by reason of
the liability imposed by law upon any of the aforementioned parties for damage
because of bodily injuries, including death at any time resulting therefrom,
sustained by any person or persons, including myself (ourselves) or on account
of damage to property, arising out of or in consequence of my (our)
participation Wag Walk Run events or the use of the event location and
facilities, howsoever such injuries, death or damage to property or persons may
be caused, and whether or not the same may have been caused or may be alleged to
have been caused by negligence of the aforementioned parties or agents, or any
other persons.
The Athlete agrees to carefully inspect and satisfy myself that the facilities
provided are safe for their intended use. Once having conducted the inspection,
I agree to expressly assume all risks for myself, guardians, my children and my
dog(s) participating at these premises.
I HAVE READ THIS WAIVER AND RELEASE, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL
RIGHTS BY SUBMITTING IT.
By my registration above, I state that I (we): 1) agree to the terms and
conditions described herein, 2) have read and fully understand the Wag Walk Run
rules and regulations (and will explain the same to attending children and
guests), and 3) promise to comply fully with all of the conditions of use. I
(we) understand that violation of these terms, conditions, rules and regulations
may result in suspension or revocation of participation in Wag Walk Run events.
I (we) also agree to immediately report any unsafe property conditions to Wag
Walk Run event directors.
IF ATHLETE IS UNDER AGE 18: The parent/guardian certifies that my son/daughter
has my permission to participate in the Event. The parent/guardian has read the
forgoing RELEASE AND WAIVER OF LIABILITY AGREEMENT and by accepting the waiver
intentionally and voluntarily agrees to its terms and conditions. The
parent/guardian further certifies that my son/daughter is in good physical
condition and is able to safely participate in the Event. The parent/guardian
authorizes medical treatment for my son/daughter as needed and grants access to
my child’s medical records as necessary.