Liability Waiver
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WAIVER
In consideration of being permitted to participate in East Nasty Running Club’s (herein “ENRC”) Potato to Tomato 5K Training Program, I, for myself, my agents, attorneys, representatives, affiliates, heirs and assigns, and all persons, claiming by, through for or under me or any of them or on my or any of their behalf, do hereby release, waive, covenant not to sue and discharge ENRC together with its affiliates and its and their respective predecessors, successors, and assigns, both jointly and severally, and its and their current and former officers, directors, employees, agents, representatives, members, shareholders, owners, partners, heirs, executors and administrators (hereinafter referred to collectively as “ENRC Releasees”), of and from any and all manner of actions and causes of action, suits, debts, claims, liabilities and demands whatsoever in law or in equity which I or they ever had, or now have, or may have, or which my heirs, executors, or administrators hereafter may have by reason of any matter, cause or thing whatsoever (collectively, “Claims”), including but not limited to any and all Claims, arising from or out of, or in any way related to, personal injury, accidents or illnesses (including death), and property loss arising from or out of, or in any way related to, but not limited to, participation in running, walking and/or any other athletic training program (collectively, “Training Program”).
ASSUMPTION OF RISK
Participation in the Training Program carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries.
I know that training is a potentially hazardous activity and certify that I am in good health and physically fit to enter a Training Program. I acknowledge that I am aware of the many risks involved in athletic training in general and running training specifically, which risks include by way of example and not limitation: 1) minor injuries such as scrapes, bruises, sprains and strains, 2) more serious injuries such as joint, muscle and bone injuries, concussions and other head injuries, heat-related injuries such as heat stroke and heat exhaustion, dehydration and over-hydration conditions such as hyponatremia, and 3) catastrophic injuries and conditions such as heart attacks and other conditions or injuries which could be fatal.
I have read the previous paragraph and I know, understand, and appreciate these and other risks that are inherent in training for and participating in road, trail and track running and racing and any conditioning and cross-training activities associated with participating in the Training Program.
I hereby assert that my participation is voluntary and that I knowingly assume all such risks.
INDEMINIFICATION AND HOLD HARMLESS
I also agree to INDEMNIFY AND HOLD HARMLESS ENRC, and other ENRC Releasees, from and against any and all losses, liabilities, obligations, damages, Claims, judgments, assessments, penalties, costs and expenses including attorneys’ fees and other professionals’ fees and disbursements based upon, attributable to, resulting from, or in any way related to, the breach or violation of any agreement, covenant, obligation or other provision set forth herein, or based up, attributable to, resulting from, or in any way related to, my involvement with ENRC Training Programs.
SEVERABILITY
The undersigned further expressly agrees that this Waiver of Liability, Assumption of Risks and Indemnity Agreement is intended to be as broad and inclusive as is permitted by the law of the State of Tennessee and that if any portion hereof if held to be invalid by a court of competent jurisdiction, it is agreed that the balance shall notwithstanding such holding, continue in full legal force and effect.
ACKNOWLEDGEMENT OF UNDERSTANDING
I have read this Waiver of Liability, Assumption of Risks and Indemnity Agreement, fully understand its terms, and I understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing this Agreement freely and voluntarily, and intend by my signature for it to be a complete and unconditional release of all liability to the greatest extent allowed by law.
