Waiver
RUN(317) Series Registration Liability Waiver and Assumption of Risk
The individual accepting this Liability Waiver and Assumption of Risk (this “Waiver”) (referred to as “I” or “me”) desires to participate in a run/walk road race (the “Activity”) provided by Vision Event Management LLC, RUN(317), The City of Indianapolis, the City of Speedway, Penske Entertainment Corporation, the Indianapolis Motor Speedway, LLC, The City of Carmel, Broad Ripple Village, Jackson Center of Conductive Education, Pack Away Hunger, The Lions Club of Speedway, Girls on the Run of Central Indiana, Keep Indianapolis Beautiful, 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”). In consideration of the intangible value that I will gain by participating in the Activity and in recognition of the Released Parties’ reliance herein, I agree to all of the terms and conditions set forth in this Waiver.
I am aware that the activity is a potentially hazardous activity and involves risk of personal or psychology injury, pain, suffering, temporrary or permanent disability, death, property damage, and/or financial loss. I should not participate in the activity unless I am medically able and properly trained. I verify to the released parties that I am physically fit and sufficiently trained to participate in the activity. I also know that while some police supervision will be provided, there may be traffic on the course. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE released parties, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE released parties. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE released parties OR OTHERWISE.
Knowing these facts, I hereby expressly waive and release and any all claims, complaints, actions or causes of action, including, but not limited to, libel, defamation, invasion of privacy or right of publicity, misappropriation, property damage, personal injury or wrongful death (collectively, “Claims”), now known or hereafter known, against the Released Parties, arising out of or attributable to my participation in the Activity, whether arising out of the ordinary negligence of the Released Parties or otherwise. I covenant not to make or bring any such Claims against the Released Parties, and forever release and discharge the Released Parties from liability under such Claims.
I shall defend, indemnify and hold harmless the Released Parties against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, fees, the costs of enforcing any right to indemnification under this Waiver, and the cost of pursuing any insurance providers, incurred by the Released Parties, arising out or resulting from any claim of a third party related to my participation in the Activity, excluding any Losses related to the Released Party’s recklessness or intentional misconduct.
I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Released Parties from any Claim based on such treatment or other medical services.
Further, I grant irrevocably grant to Vision Event Management, LLC and its designees, sponsors, successors and assigns (“Vision Event Management”), 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 name(s), likenesses, images, photographs, appearances, voice, statements and testimonials (collectively, the "Appearances") in and in connection with (a) my participation in the Activity; (b) the creation and use of marketing and promotional materials for publicizing, advertising, and promoting the Activity (past, present and future Activities); and (c) 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 Activity 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 LLC or its designees or sponsors to make any use of my Appearances or the Marketing Materials or any of the rights set forth herein.
The Released Parties reserve the right to postpone, cancel or shift the Activity to a virtual race due to circumstances beyond the Released Parties’ 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 any circumstances. The Released Parties reserve the right to change the details of the Activity without prior notice. I understand that my entry fee is nonrefundable and bib numbers are nontransferable.
This Waiver constitutes the sole and entire agreement of the Released Parties and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Waiver is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Waiver or invalidate or render unenforceable such term or provision in any other jurisdiction. This Waiver is binding on and shall inure to the benefit of the Released Parties and me and our respective heirs, successors, and assigns. All matters arising out of or relating to this Waiver shall be governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State Indiana or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in the State of Indiana, and I hereby consent to the exclusive jurisdiction of such courts.
I CONFIRM THAT I HAVE READ THIS WAIVER 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.
