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Assumption of Risk and Waiver of Liability (the “Agreement”)

PARTICIPANTS: READ THIS AGREEMENT CAREFULLY BEFORE ACCEPTING. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS.

Parties

Released Parties include: NEW YORK CITY RUNS, INC. (“NYCRUNS”), EMPIRE STATE REALTY TRUST, INC. (“ESRT”), and their respective directors, officers, employees, agents, contractors, insurers, equipment suppliers, and volunteers, including NYCRUNS’ and ESRT’s respective predecessors, successors, subsidiaries and affiliates, whether no longer existing, now existing or formed or incorporated in the future; all NYCRUNS’ and ESRT’s event sponsors, charity partners, organizers, promoters, directors, officials, property owners, and advertisers; governmental bodies and/or municipal agencies whose property and/or personnel are used; and any or all parent, subsidiary or affiliate companies, licensees, officers, directors, partners, board members, supervisors, insurers, agents, equipment suppliers, and representatives of any of the foregoing (together, the “RELEASED PARTIES”).

Releasing Parties include: the participant as well as participant’s spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on participant’s behalf (together, the “RELEASING PARTIES”).

Assumption of Inherent Risks:

By signing below, I am voluntarily entering or agreeing to be a participant and/or volunteer at the Empire State Building Run-Up (the “Event”). I agree not to participate or volunteer at the Event unless I am medically able and properly trained. I agree to abide by any decision of an Event official relative to my participation in the Event.

I recognize that participation in the Event is a potentially hazardous activity and I willingly assume all risks associated with such participation, including, but not limited to: falls; heat and or humid conditions in the Event stairwells; slippery conditions in the Event race and/or stairwell surfaces; contact with other participants, spectators or others; hazardous, uneven, cracked or damaged race and/or stairwell surfaces; and the crowded nature and other conditions of the course, all such risks being known and appreciated by me.

I also understand that it is my responsibility to consult with my personal physician prior to participating in the Event to ensure that such participation will not pose any unusual risks to my health and well-being.

I further acknowledge that NYCRUNS and ESRT reserve the right to change the details (such as the date, start time, course, and distance) of, and amenities offered at, the Event at any time for any reason, and I hereby waive and release any claims that I may have as a result of any such changes.

Having read this Agreement and knowing these facts, and in consideration of the Released Parties’ acceptance of my application for the Event, I, for myself and anyone entitled to act on my behalf, including the RELEASING PARTIES, HEREBY WAIVE, RELEASE, DISCHARGE, HOLD HARMLESS, AND PROMISE TO INDEMNIFY AND NOT TO SUE THE RELEASED PARTIES FROM PRESENT AND FUTURE CLAIMS AND LIABILITIES OF ANY KIND, KNOWN OR UNKNOWN (INCLUDING REASONABLE LEGAL FEES AND COSTS INCURRED BY THE RELEASING PARTIES), ARISING OUT OF MY PARTICIPATION IN THE EVENT, INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DAMAGE FOR PERSONAL INJURY AND/OR PROPERTY DAMAGE, ANY CLAIM OF RIGHT IN RESPECT OF THE IMAGES (AS DEFINED BELOW), INCLUDING, BUT NOT LIMITED TO, CLAIMS OF FALSE ENDORSEMENT OR RIGHTS OF PUBLICITY OR PRIVACY, EVEN THOUGH SUCH CLAIM OR LIABILITY MAY ARISE OUT OF NEGLIGENCE OR FAULT ON THE PART OF ANY OF THE RELEASING PARTIES.

AUTHORIZATION:

I grant medical personnel at the Event permission to administer or arrange for any medical assistance that they deem necessary or appropriate as a result of my participation in the Event, including without limitation, arranging transportation to a hospital of other medical facility. I also grant them access to my medical records and physicians, as well as other information, relating to medical care that may be administered to me at any such medical facility as a result of my participation in the Event.

PUBLICITY RELEASE:

I hereby grant to NYCRUNS and ESRT the irrevocable and assignable right to depict in perpetuity, worldwide, and in any and all media now or hereafter known, my likeness, image, name, words, voice, and/or biographical information of me participating in the event (collectively “Images”) in photographic works, motion pictures, video recordings and/or other works, and I agree that such Images may be used by NYCRUNS and ESRT for any purpose without compensation.

ACKNOWLEDGMENT OF UNDERSTANDING:

I HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE. I FURTHER ACKNOWLEDGE THAT I AM FREELY AND VOLUNTARILY AGREEING TO THE AGREEMENT AND PARTICIPATING IN THE EVENT, AND INTEND MY ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY DUE TO ORDINARY NEGLIGENCE OF NYCRUNS, ESRT, AND THE OTHER RELEASED PARTIES, OR THE INHERENT RISKS OF THE ACTIVITY, TO THE GREATEST EXTENT ALLOWED BY LAW IN THE STATE OF NEW YORK. THIS RELEASE IS A CONTRACT WITH LEGAL AND BINDING CONSEQUENCES AND IT APPLIES TO ALL RACES AND ACTIVITIES ENTERED AT THE EVENT, REGARDLESS WHETHER OR NOT LISTED ABOVE. I HAVE READ IT CAREFULLY BEFORE SIGNING, AND I UNDERSTAND WHAT IT MEANS AND WHAT I AM AGREEING TO BY SIGNING.

I ATTEST THAT I AM EIGHTEEN (18) YEARS OF AGE OR OLDER AND THAT I AM PHYSICALLY FIT AND SUFFICIENTLY TRAINED TO PARTICIPATE IN ALL ACTIVITIES ASSOCIATED WITH THE EVENT AND MY PARTICIPATION IN SUCH EVENT IS VOLUNTARY.