The entrant must agree to all terms and conditions in the officlal race registration for as well as to the following terms and conditions (parent or guardian also agrees if the entrant is under 18).
In consideration of the risk of injury while participation in the 5K and walk-a-thon (the “Activity”) and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Morley Stanwood Community Schools, located at 4808 Northland Drive, Morley, Michigan 49336, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotions loss. That I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.
I agree to indemnify and hold harmless Morley Stanwood Community Schools against any and all claims, suits or action of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Morley Stanwood Community Schools incurs any of these types of expenses, I agree to reimburse Morley Stanwood Community Schools.
I acknowledge that Morley Stanwood Community School and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts of failures to act of any party or entity conduction a specific event or activity on behalf of Morley Stanwood Community Schools.
I acknowledge that this Activity may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event official, and event monitors, and/or producers of the event.
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 Morley Stanwood Community Schools and all of its affiliates, managers, members, agents, attorneys, staff, volunteers, hairs, representatives, predecessors, successors and assigns, from any and all clams or causes of action and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against Morley Stanwood Community Schools for personal injury or property damage.
To the extent that statue or case law does not prohibit releases for negligence, this release is also for negligence on the part of Morley Stanwood Community Schools, its agents, volunteers, and employees.
In the event that I should require medical care or treatment, I agree to be financially responsible for any cost incurred as a result of such treatment. I an aware and understand that I should carry my own health insurance.
In the event that any damage to equipment or facilities occurs as a result of my or my family’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all cost associated with any actions of neglect or recklessness. This Agreement was entered into at arm’s-length, without duress or coercion, and is to be interpreted as a agreement between tow parties of equal bargaining strength. Both this participant and Morley Stanwood Community Schools agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
I, the undersigned participant, affirm that I am of the age of 18 years or older, and that I an freely signing this agreement. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free will.
In the event that the participant is under the age of consent (18 years of age), then this release must be signed by a parent or guardian.