Prior to the completion of registration for the 2021 Seaside School Virtual Half Marathon + 5K, participants will be required to sign a waiver. Content from the waiver is noted below and can also be found on RunSignUp.
THIS AGREEMENT CONTAINS A WAIVER OF CLAIMS BASED ON NEGLIGENCE. BY SIGNING THIS AGREEMENT, I HEREBY WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASEES.
I desire to participate in the 2021 Seaside School Virtual Half Marathon + 5K and its related activities (collectively, the “Race”) hosted by The Seaside School, Inc., a Florida not-for-profit corporation (the “School”) and The Seaside School Foundation, Inc. In consideration of being permitted to participate in the Race, I hereby agree to all of the terms of this Waiver and Release. I understand the School is relying on this Waiver and Release to allow me to participate in the Race.
I specifically acknowledge, agree and certify as follows:
- I understand that running in an event that is organized as a virtual activity where I run on my own, at a date and time of my choosing, in a location and running route of my choosing, which will not have any support or security measures in place by the School is a potentially hazardous activity, which could result in death, serious injury or property loss. In addition, the Race is an extreme test of a person’s physical and mental limits and carries with it the potential for death, serious injury and property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of athletes, equipment, vehicular traffic, actions of other people and lack of hydration. Further, there may be other risks not known to me or reasonably foreseeable at this time. My participation in the Race is completely voluntary and for my personal enjoyment. I understand and have considered the risks involved, and I voluntary and freely choose to assume all risks of participating in the Race.
- I am physically fit, have sufficiently trained for participation in the Race and have not been advised not to participate in the Race or any similar event by a qualified medical person.
- I agree to abide by my local community ordinances as well as the Center for Disease Control’s (CDC) recommendations for the prevention of the spread of the 2019 Novel Coronavirus Disease (COVID-19) and other communicable diseases, and I attest to having read the CDC’s guidance at: https://www.cdc.gov/coronavirus/2019-ncov/prepare/prevention.html.
- I agree to follow all pedestrian safety ordinances including running on a sidewalk where available and not in the road. I agree to follow the rules of the road if no sidewalk or multi-use trail is available, and I will run against oncoming traffic and not with traffic.
- I agree to indemnify, hold harmless, reimburse and, upon request, defend the School, The Seaside School Foundation, Inc., the Town of Seaside, Total Race Solutions, any and all vendors, providers, subcontractors, sponsors, volunteers or others involved in the Race, and their respective directors, officers, employees, representatives, insurers and agents (each a “Releasee,” and collectively, “Releasees”) from and for all damages, losses, costs, or expenses (including legal fees) incurred by any Releasee or paid by them to any person (including me or my insurers) in respect of any accident, injury (including death), loss, or property damage, however caused resulting from, arising out of, or otherwise in connection with my participation in the Race, including my traveling to and from the Race, whether caused by the negligence of myself, Releasees, or otherwise.
- I fully and forever release and discharge the Releasees from any and all injuries (including death), losses, damages, claims (including negligence claims), demands, lawsuits, expenses, and any other liability of any kind, of or to me, my property, or any other person, directly or indirectly arising out of or in connection with my participation in the Race, including my traveling to and from the Race, even if it is due to the negligence, injudicious act, omission, or other fault of the Releasees.
- I will not initiate any claim, lawsuit, court action, or other legal proceeding or demand against Releasees, nor join or assist in the prosecution of any claim for money or other damages which anyone may have, on account of injuries (including death), losses, or damages sustained by me, other parties, or my (or others’) property in connection with my participation in the Race, including my traveling to and from the Race, and I waive any right I may have to do so. This means that I cannot sue to hold Releasees, individually or collectively, responsible for any injury, loss, or damage sustained by me, other parties, or my (or others’) property in connection with the Race, even if it is due to the negligence, injudicious act, omission, or other fault of any Releasee. I waive my insurers’ right to make a claim against Releasees based on payments by insurers to me or on my behalf for any reason. This means my insurers have no rights of subrogation against Releasees.
- If any photographs are submitted of me participating in the Race, I hereby grant the School and its designees, including sponsors and others, the right to use my name and likeness, whether in photo, video, film or any other manner, in connection with the Race for any publicity or other purpose without further compensation to me or permission from me.
MINORS: If the participant is a minor, the parent or guardian hereby: (A) certifies that the minor child participating in the Race has permission to participate; (B) makes all of the representations, warranties and covenants in this Release and Waiver on behalf of such minor, including as to the good physical condition of such minor to allow him/her to safely participate in the Race.
This Release and Waiver shall inure to the benefit of Releasees and their successors and assigns and shall be binding on my heirs, beneficiaries, personal representatives, and assigns. It is my desire and intent that the words, terms, provisions, covenants, and remedies contained in this Release and Waiver shall be enforceable to the fullest extent permitted by applicable law. If any portion of this Release and Waiver is held invalid or unenforceable, the remainder shall not be affected and shall continue in full legal force and effect. That shall include modifying the Release and Waiver to allow any remaining claims to be waived, released, and indemnified against in the event that the inclusion of any particular provision is found to be invalid or contrary to public policy. The terms of this Release and Waiver shall continue from this date forever.
This Waiver and Release shall be governed by the laws of the State of Florida (without regard to principles of conflicts of laws). Any controversy or claim arising out of out of this Waiver and Release shall be settled by arbitration administered in Walton County, Florida by the American Arbitration Association in accordance with its applicable rules, and judgment awarded on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
I HAVE READ THIS RELEASE AND WAIVER, FULLY UNDERSTAND ALL THE TERMS, UNDERSTAND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING, AND HAVE SIGNED THIS RELEASE FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT, ASSURANCE, OR GUARANTEE OF ANY NATURE BEING MADE TO ME.