I, the undersigned, desire to participate or I desire that my minor child participates in the CUES School System Neighborhood Fun Run (the “Race”). This Assumption of Risk, Waiver, and Release from Liability (this “Assumption”) covers the entirety of my participation or my child’s participation in the Race. In consideration for being permitted to participate in the Race, I hereby state as follows:
1. Assumption of Risk: I understand and acknowledge that participation in the Race involves risks including, but not limited to, property damage, bodily injury and death. I acknowledge that I voluntarily consent to participate, or consent to the participation of my child, in the Race with full knowledge, understanding, and appreciation of the risks and danger involved, and I hereby agree to accept and assume full responsibility for any and all risks of property damage or bodily injury that may arise out of or result from my participation or the participation of my child in the Race. I hereby represent to the physical fitness of myself or my child and warrant that neither myself nor my child has any physical impairments, injuries, or illnesses that would prevent participation in the Race.
2. Release and Indemnification: I hereby forever waive, release, and discharge all organizers and sponsors of the Race, and any of their respective owners, employees, agents and representatives (collectively, the “Released Parties”) from any and all liability, claims, demands, actions or rights of action whatsoever arising out of or related to any losses, damages, or injuries, including death, that may be sustained by me or my child or to any property belonging to me or my child, which are in any way connected with my or my child’s participation in the Race, whether caused by the negligence of Released Parties or otherwise, to the fullest extent allowed by law. I agree to indemnify and hold harmless Released Parties from any loss, liability, damage, or costs, including court costs and attorney’s fees that Released Parties may incur due to my or my child’s participation in the Race, whether caused by the negligence of Released Parties or otherwise, to the fullest extent allowed by law.
3. Representatives: It is my express intent that this Assumption shall bind the members of my family, as well as my heirs, assigns and legal representatives.
4. Consent for Emergency Treatment: I hereby consent to medical treatment for myself or my child for emergencies that occur during or are related to participation in the Race where I am unable to consent to such treatment. I understand that I am solely responsible for any medical, health or personal injury costs relating to the Race. If an injury occurs, you are authorized to contact the Emergency Contact listed at the top of this form.
5. Jurisdiction /Severability: This Assumption shall be governed in all respects by the laws of the State of Nebraska. In the event that any clause or provision of this agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions which shall continue to be enforceable.
6. Photography Release: I grant CUES School System and its business partners permission to take, use, reproduce and publish photos and/or videos of myself and my child for all business and promotional purposes, through any medium, including social media, television, radio, and printed materials such as newspapers and brochures. I release the CUES School System, and its agents, legal representatives and assigns from any and all claims, actions and liabilities related to the use of said images and videos.
I have read and fully understand this Assumption and understand that it relates to surrendering and releasing valuable legal rights. I do so freely and voluntarily.