Every Single Street Participant Waiver
June 2 – June 30, 2021
WAIVER AND RELEASE OF LIABILITY
For purposes of this Waiver and Release of Liability (“Release”), the definition of “Activity” shall mean, collectively, the Every Single Street – Telegraph Hill running challenge between June 2 – June 30, 2021 and all other activities related or incidental to the Activity, and my participation in the Activity. In consideration of my opportunity to participate in the Activity, I intending to be legally bound, hereby agree as follows:
- ASSUMPTION OF RISK: PLEASE READ FULLY AND COMPLETELY
I understand and agree that my participation in the suggested Activity, including, but not limited to, running and/or walking different distances involves inherent risks and dangers of accidents, personal and bodily injury (including, without limitation, death) and property loss or damage. These may result from my own actions or inactions, as well as the actions or inactions of others, and the condition of the city/streets, facilities, weather, traffic, and my equipment. Further, there may be other risks not known to me, and not reasonably foreseeable at this time. I have considered the nature and extent of the risks involved, and I voluntarily choose for myself to assume all such risks, both known and unknown, even those risks that result from the negligence of the Released Parties (defined below) or others, and I assume full responsibility for my participation in the Activity. I represent that I am not aware of any medical condition that should prevent me from participating or would result in increased health risk relating to my participation, that I have been cleared by a physician to participate in the Activity, and that I am properly trained. I consent to treatment in the event of an emergency or other incident in which, in the reasonable judgment of the on-site personnel, I require medical care. I acknowledge having received basic instruction on the Activity and I agree to participate in a careful, considerate and safe manner with due consideration for the safety and well-being of all persons. I acknowledge on behalf of myself that the Activity entails physical exertion and understand that risks to participating in the Activity, which, when combined with the forces of nature or acts of commission or omission, by participants, pedestrians, or others, could result in severe physical, mental and/or emotional injuries including but not limited to: broken bones, foot injuries, leg injuries, head or neck injuries, any and all other injuries that could occur while running, stress and/or other damage(s) to myself, or potentially my death (hereinafter collectively, the “Potential Health Dangers”). I, for myself understand that at all time(s) while participating in the Activity, I will be assuming the risk of such Potential Health Dangers occurring to me, and that I cannot eliminate the possibility that the Potential Health Dangers may be a result and/or may arise from participating in the Activity or any consequence thereof. I understand and agree that I may not participate in the Activity if I am under the influence of alcohol, illegal drugs, or if I suffer from any physical or mental impairment or medical condition that could disable me from participating safely. I understand and acknowledge that no medical insurance coverage nor benefits will be provided to me during or after the Activity. I affirm that I have medical insurance or personal financial sources sufficient to cover the costs of transportation and/or medical treatment I may require, and I agree to pay and/or reimburse such expenses that may be incurred on my behalf, incurred by the Released Parties with regard to such matters, for injuries of any type or kind, including death to any person and/or for loss of or damage to property of any type or kind, arising out of, related to or in connection with my participation in the Activity, or for my failure to fully and completely comply with the terms, provisions and conditions of this Release.I am aware that this Release is an assumption of risk acknowledgement plus a waiver and release of liability, and that by signing this Release I am giving up certain legal rights for myself, including the right to recover damages and/or losses in case of injury, death or property damage, and I sign it voluntarily. The terms of this Release shall serve as a release and assumption of risk for my heirs, executors, administrators, insurers, successors and assigns, and for all members of my family, including any minors accompanying me.
I RECOGNIZE THAT THE EVENT IS A VIRTUAL EVENT CONSISTING OF A SUGGESTED RUNNING AND WALKING ROUTE AND DISTANCE. IT IS MY RESPONSIBILITY TO CAREFULLY MONITOR MY TRAINING ACTIVITY INCLUDING PERSONAL HEALTH AND SAFETY. THIS INCLUDES BUT IS NOT LIMITED TO ACTING IN ACCORDANCE WITH ANY REGULATIONS SET BY MY RESPECTIVE CITY, COUNTY, STATE AND FEDERAL GOVERNMENT WITH REGARDS TO COVID-19, SOCIAL DISTANCING PROTOCOLS AND ACTING IN ACCORDANCE WITH ALL PEDESTRIAN TRAFFIC LAWS WHILE WALKING OR RUNNING OUTSIDE.
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- RELEASE FROM LIABILITY. I, for myself and on behalf of my heirs, estate, executors, administrators, insurers, successors and assigns, hereby irrevocably and unconditionally, RELEASE, WAIVE, and HOLD HARMLESS Salomon, Inc. (“SI”), Soul Focus, LLC., Throwing Stars Collective, and FitRankings and each of their respective, current and former parents, affiliates, subsidiaries, predecessors, successors, assigns, and all of their respective current and former officers, directors, shareholders, employees, attorneys, agents, and representatives, subcontractors and insurers, all other Activity sponsors and partners. with connection to the Activity (collectively, the “Released Parties”) with respect to any and all claims, causes of action, demands, or requests for relief I may have for damages for personal or bodily injury, disability, death, loss or damage to person or property relating in any way to the Activity, whether arising from the negligence of any or all of the Released Parties or otherwise, to the fullest extent permitted by law. I further COVENANT AND AGREE NOT TO SUE any of the Released Parties for any of the claims that I have waived or released herein for myself.
- PERSONAL INFORMATION. On behalf of myself, I understand and agree that any information I provide to UA, its parent, affiliates, subsidiaries, successors, assigns, licensees, and agents during the process of registering for or participating in the Activity may be used by UA to contact me via direct mail, e-mail, or phone for the Activity and/or UA and its parent’s, subsidiaries’ and affiliates’ marketing purposes.
- AUTHORIZATION TO RECORD AND TO USE RECORDINGS AND NAME. I hereby grant to UA permission to film, photograph, video record and otherwise record my image, performance, voice, or any other aspect of my likeness at the Activity (collectively the “Recording”) and, the perpetual right to use the Recording and my name in any manner or media and for any purposes without any additional consideration. I shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based upon invasion of privacy, defamation, or right of publicity) arising out of UA’s use, alteration, blurring, distortion, faulty reproduction, fictionalization, illusionary effect, or use in composite form of my image, voice, and/or likeness. On behalf of myself, I further agree that any contributions I make in connection with any Recording shall be considered a “work made for hire” for UA for copyright purposes, or if for any reason, held not to be a work made for hire, on behalf of myself, I hereby assign to UA any of my right, title and interest in and to the Recording. UA shall have no obligation to use any of the rights I grant. I represent that it is not necessary for UA to obtain permission from or to pay any third party in connection with the rights granted in this paragraph. I agree that if my likeness is used in any materials under the jurisdiction of any union agreement to which UA is a signatory (such as the SAG-AFTRA commercials contract), on behalf of myself I will agree to the terms of such agreement and accept scale payments.
- MISCELLANEOUS. This Release represents the entire understanding between the parties with respect to the subject matter hereof. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Release. This Release shall be binding on the parties and their respective heirs, estate, executors, administrators, insurers, successors, and assigns. This Release shall be governed by the laws of the State of Maryland without regards to its conflict of laws principles. Although I have waived my rights to bring a dispute, any of the Released Parties (defined above) may, in each of their individual discretion, elect for any dispute regarding the Activity or that is otherwise the subject of this Release to be adjudicated by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The hearing shall be conducted in Baltimore, MD unless both parties consent to a different location. The decision of the arbitrator shall be final and binding upon all parties, and judgment upon the award rendered pursuant to such arbitration may be entered in any court of competent jurisdiction.
I have read this Participant Release, fully understand and agree to its terms, and understand that I am giving up substantial rights by agreeing to it.