Because physical exercise can be strenuous and subject to risk of serious injury, we urge you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. I agree that by participating in physical exercise or training activities, I do so entirely at my own risk. Any recommendation for changes in diet including the use of food supplements, weight reduction and/or body building enhancement products are entirely my responsibility and I should consult a physician prior to undergoing any dietary or food supplement changes. I agree that I am voluntarily participating in these activities and use of these facilities and premises and assume all risks of injury, illness, or death. ShoMO Fitness and its affiliates are not responsible for any loss of my personal property. I acknowledge that I have carefully read this waiver and release and fully understand that it is a release of liability. I expressly agree to release and discharge the trainers or instructors from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I may otherwise have to bring a legal action against the trainers or instructors for personal injury or property damage. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence. If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed here from. I further understand the content of this waiver and release cannot be modified orally.
I understand and acknowledge that I am legally agreeing to the statements in the following paragraphs of this Waiver Agreement by affixing my signature below and that these statements are being accepted by ShoMO Fitness in consideration for permitting me to participate in any ShoMO Fitness event and/or program; and I further understand and acknowledge that my statements are being relied upon by program sponsors, organizers, administrators, volunteers and other parties defined below as the "Released Parties."
1. I acknowledge that the Lincoln Pettaway Freedom 5K that I have registered for is a test of a person's physical and mental limits and carries with it the potential for death, serious injury, and property damage. I acknowledge and agree that it is my responsibility to determine whether I am sufficiently fit and healthy enough to safely participate in this event, and I attest and certify that I am or will be sufficiently fit and physically trained to participate in this event that I elect to enter. I have no physical or medical condition that would endanger myself or others if I participate in any Program, or would interfere with my ability to safely participate in this event. I accept responsibility for the condition and adequacy of my competition equipment and my conduct in connection with this event. I understand and acknowledge the dangers associated with the consumption of alcohol and/or drugs before, during, and after this event and I recognize that consumption of alcohol and/or drugs might impair my judgment and/or motor skills. I assume full responsibility for any injury, loss or damage associated with my consumption of alcohol and/or drugs.
2. On behalf of myself, my executors, administrators, heirs, next of kin, successors and assigns, and anyone else who might sue on my behalf, I HEREBY WAIVE, RELEASE, and FOREVER DISCHARGE ShoMO Fitness, all event sponsors, event producers, event staff, administrators, officials, contractors, vendors, and organizers (including race directors), volunteers, public officials, emergency responders, all other persons or entities involved with this event, states, cities, towns, and other governmental bodies and locations in which this event or portions of this event take place, and the officers, directors, employees, agents, insurers, other participants and representatives of all of the above (collectively, the "Released Parties"), from any and all claims, causes of action, damages, losses, and liabilities of every kind (collectively "Claims"), for death, personal injury, or property damage, which may arise out of, result from, or relate to my participation in, or my traveling to or from, any ShoMO Fitness.
3. I acknowledge and ASSUME ALL OF THE RISKS and aspects of this event. I acknowledge that running, walking and other portions of an event are inherently dangerous and I understand that I will be participating in this event at my own risk, that I am responsible for the risk of participation in this event, and that I am waiving and releasing my legal rights to sue for any injury or damages arising out of or resulting from my participation in this event. I further understand that any injury or damages incurred may be the result of negligence, omission or carelessness by the Released Parties.
4. I FURTHER COVENANT and AGREE NOT TO SUE any of the Released Parties for any of the Claims that I have waived, released, or discharged herein. I AGREE TO INDEMNIFY and HOLD HARMLESS the Released Parties from any and all expenses incurred, Claims made, or liabilities assessed against them, including but not limited to attorneys' fees and litigation expenses, arising out of or resulting from, directly or indirectly, in whole or in part, my breach or failure to abide by any part of this Waiver Agreement, , and my actions or inactions which cause injury or damage to any other person.
5. I AGREE that prior to participating in this event I will inspect the race course, facilities, equipment, and areas to be used, and if I believe or become aware that any are unsafe, I will immediately advise the the event director. I FURTHER GRANT the event organizers, ShoMO Fitness, and their licensees the right, permission, and authority to use my name, voice, picture, or photograph, email in any broadcast, telecast, commercial advertisement, promotion, or other account of ShoMO Fitness, and I WAIVE any rights to future compensation to which I might otherwise have been entitled for such use.
6. I understand that unforeseen obstacles, and dangers, natural or manmade will occur during the event and that I am participating with caution and take full responsibility to take proper action to avoid these unforeseen obstacles and dangers
7. The parent or legal guardian who signs the Waiver Agreement on behalf of a minor, incapacitated and/or mentally challenged person (hereinafter "Said Person"), hereby acknowledges that he or she has the legal capacity and authority to act on behalf of Said Person to legally bind Said Person to the Waiver Agreement. The parent or legal guardian who signs the Waiver Agreement agrees to indemnify and hold harmless the Released Parties for any expenses incurred, Claims made, or liabilities assessed against them, as a result of any insufficiency of legal capacity or authority to act on behalf of Said Person in the execution of the Waiver Agreement.
8. If any provision of this Waiver Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Waiver Agreement and shall not affect the validity and enforceability of any remaining provisions.
Photo and Video Release
I hereby grant ShoMO Fitness permission to use my likeness in a photograph or video in any and all of its publications, including website entries, without payment or any other consideration.
I understand and agree that these materials will become the property of ShoMO Fitness and will not be returned. I hereby irrevocably authorize ShoMO Fitness to edit, alter, copy, exhibit, publish, or distribute this photo or video footage for purposes of publicizing ShoMO Fitness programs or for any other lawful purpose. In addition, I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photograph or video footage. I hereby hold harmless and release and forever discharge ShoMO Fitness from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization. I am 21 years of age and am competent to contract in my own name. I have read this release before signing below and I fully understand the contents, meaning, and impact of this release.
Acknowledgment
I agree to comply with the rules of the Chicago Park District facilities. ShoMO Fitness may make reasonable changes to classes, schedules, and rates at any time provided it gives advanced notice of these changes. This event is non-transferable and non-refundable. I ACKNOWLEDGE THAT MY ELECTRONIC SUBMISSIONS CONSTITUTE MY AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. MY AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLY TO ALL RECORDS RELATING TO ALL TRANSACTIONS I ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.