I know that running and walking in a road race is a potentially hazardous activity. I should not enter unless I am medically able and properly trained. I verify to you that I am physically fit and sufficiently trained to participate. I also know that while some police supervision will be provided, there may be traffic on the course. I assume all risks associated with my voluntary participation in this event, including, but not limited to, falls, contact with other participants, the effects of the weather (including extreme heat, extreme cold, snow and ice), traffic, and the conditions on the road with all such risks being known and appreciated by me.
Knowing these facts, and in consideration of my accepted entry, I for myself, my heirs, executors, administrators or anyone else who might claim on my behalf, hereby voluntarily release, discharge, waive and relinquish any and all claims, complaints, actions or causes of action (“Claims”) against Vision Event Management LLC, Leff's Lucky Town, the City of Wauwatosa, the MACC Fund, and each of their respective parents, subsidiaries, affiliates, and successor companies, and each of their respective officers, directors, agents, representatives, shareholders and employees, as well as each of their respective successors, representatives and assigns (collectively, the “Released Parties”), including but not limited to those Claims alleging libel, defamation, invasion of privacy or right of publicity, misappropriation, property damage, personal injury or wrongful death (“Losses”) arising from or resulting in any manner from my participation in the Event. I agree to defend, indemnify and hold harmless the Released Parties in the event of any and all Claims, by whomever or wherever asserted, including but not limited to such Claims for personal injury, property damage or wrongful death, resulting in any manner from my participation in this event, including, without limitation, and to the maximum extent permitted by law, those Losses arising from the Released Parties’ own negligence, but not including a Released Party’s recklessness or intentional misconduct, for which such Released Party shall remain responsible.
This agreement has been entered into in the State of Indiana, and the validity, interpretation and legal effect of this agreement shall be governed by the laws of the State of Indiana. The Indiana courts (state and federal), shall have sole jurisdiction of any controversies regarding this agreement, any action or other proceeding which involves such a controversy shall be brought in those courts, and not elsewhere. If any part of this agreement, shall be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect the remainder of this agreement, which shall continue in full force and effect, or the application of this agreement to the remaining parties.
Further, I grant irrevocably grant to Vision Event Management, LLC and its designees, sponsors, successors and assigns, the absolute, unrestricted right and permission to record, film, photograph, videotape, copy, reproduce, adapt, edit, copyright, publish, exhibit, distribute, perform and otherwise exploit by any manner and in any and all media now known or hereafter devised throughout the world in perpetuity, my names, likenesses, images, photographs, appearances, voice, statements and testimonials (collectively, the "Appearances") in and in connection with my participation in the Events; the creation and use of marketing and promotional materials for publicizing, advertising, and promoting the Events (past, present and future Events); and the creation and use of marketing and promotional materials by Vision Event Management, LLC’s sponsors for publicizing, advertising and promoting such sponsors involvement with such Events and any of such sponsors related products or services (collectively, "Marketing Materials"). I hereby waive any right to inspect or approve the Marketing Materials or the uses of my Appearances in such Marketing Materials. Nothing herein shall constitute any obligation on Vision Event Management or its designees or sponsors to make any use of my Appearances or the Marketing Materials or any of the rights set forth herein.
I consent to emergency medical care and transportation in order to obtain treatment in the event of injury to me as medical professionals may deem appropriate and agree that Waiver and Release extends to any such medical care, treatment and transportation. I further acknowledge that I will be responsible for the cost associated with any such medical care, treatment or transportation. I understand that my entry is non-refundable.
We reserve the right to postpone, cancel or shift the event to a virtual race due to circumstances beyond our control such as a natural disaster, pandemic events, or emergency or as required to protect the safety of participants, volunteers, and staff. No refunds will be issued under these circumstances. We reserve the right to change the details of the event without prior notice. I understand that my entry fee is nonrefundable, non-deferrable, and bib numbers are nontransferable.
I CONFIRM THAT I HAVE READ THIS WAIVER & RELEASE OF LIABILITY CAREFULLY AND UNDERSTAND THAT I AM VOLUNTARILY RELEASING CERTAIN CLAIMS THAT I MIGHT OTHERWISE MAKE AGAINST THE RELEASED PARTIES. ADDITIONALLY, I ACKNOWLEDGE AND AGREE THAT THE FOREGOING CONTAINS A COMMITMENT ON MY BEHALF TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASED PARTIES AS SPECIFICALLY SET FORTH ABOVE.