Assumption of Risk and Waiver of Liability and Terms and
Conditions of Participation (the “Agreement”)
PARTICIPANTS: READ THIS AGREEMENT CAREFULLY BEFORE ACCEPTING. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS.
Released Parties include NEW YORK CITY RUNS, INC. (“NYCRUNS”), and its directors, officers, employees, agents, contractors, insurers, equipment suppliers, and volunteers, and NYCRUNS’ respective predecessors, successors, subsidiaries and affiliates of the foregoing, whether no longer existing, now existing or formed or incorporated in the future;
All NYCRUNS’ event sponsors, 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.
Releasing Parties include: the participant as well as the 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 the participant’s behalf.
ASSUMPTION OF INHERENT RISKS:
I am voluntarily entering or agreeing to be a volunteer at the event I am registering for herein (the “Event”). I agree not to enter into 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 ability to safely complete 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; contact with other participants, spectators or others, or vehicular or other traffic; the effects of the weather, including heat and/or humidity, wind, cold temperature, and wet or icy surfaces; falling tree branches or other overhead objects; traffic; 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 reserves 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 your acceptance of my application for the Event, I, for myself and anyone entitled to act on my behalf, waive and release the Released Parties from present and future claims and liabilities of any kind, known or unknown, 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 Released 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.
TERMS AND CONDITIONS:
I hereby understand, acknowledge and agree that once I have entered a race, my entry fees are non-exchangeable, non-transferable, and non-refundable, under any and all circumstances, including, but not limited to, cancellation of the event or of my participation, or change in the date, nature, or format of the event.
I hereby understand, acknowledge and agree that an event may be cancelled or changed due to severe weather or other factors that threaten the safety of participants, staff, or volunteers. I further understand, acknowledge and agree that cancellation or change of the date, nature, or format of an event may be mandated by governmental officials or otherwise be at the discretion of NYCRUNS.
I hereby understand, acknowledge and agree that all NYCRUNS races are capped. Price and entry is subject to availability. I further understand, acknowledge and agree that NYCRUNS reserves the right to change the price of any race in its sole discretion with or without notice.
I hereby understand, acknowledge and agree that NYCRUNS reserves the right to reject any entry and to disqualify and bar any individual from any event for any reason. This rejection/disqualification may be based on, but is not limited to: violation of any rule set forth by NYCRUNS, the New York City Parks Department, any New York City agency, or any other governing body; unsportsmanlike conduct; non-payment of race fees; competing with an unofficial number; competing with an official number or BibTag assigned to another person; transferring or attempting to transfer an official number or BibTag to, or to obtain such number or BibTag from, another person; crossing the finish line without having completed the entire course; and providing false information on the race entry form. Individuals disqualified from a race will be removed from the race results and may be barred from future events
PUBLICITY RELEASE: I hereby grant to NYCRUNS 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 for any purpose without compensation.
GUARDIAN’S PERMISSION AND RELEASE FOR MINOR: If I am or will be applying for my child to participate in, or be a volunteer at, the Event, I represent and warrant that I am the parent or legal guardian of the child and, as such, consent to my child’s participation in the Event and I agree that the terms of this Agreement apply equally to my child and me and any claims I or my child may have in connection with the Event. I also waive any derivative claims that relate to or arise out of my child’s participation in the Event.
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 (and other Released Parties) or the INHERENT RISKS of the activity, to the greatest extent allowed by law in the State in which the Event is held.