WISCONSIN HERD RELEASE AGREEMENT
For good and valuable consideration, receipt of which is hereby acknowledged, I, the undersigned “Participant”, on behalf of myself and/or minor child, hereby hold harmless, release, waive, discharge and covenant not to sue or bring claim against Future Bucks LLC, Milwaukee Bucks, LLC, Deer District LLC, the National Basketball Association, NBA Properties, Inc., NBA Development League, LLC, the NBA G League, and their Member Teams, NBA Properties, Inc., and their respective parents, subsidiaries, affiliates, directors, officers, governors, employees and agents (the “Released Parties”), Oshkosh Arena, City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers, Race Day Events, LLC, volunteers, and individual race organizers, sponsors from and against any and all claims, causes of action, or demands, including, but not limited to, those arising out of or relating to the negligence of the Released Parties relating to or arising out of my participation with Wisconsin Herd Run with the Herd 5k Run and 1K walk to take place at Oshkosh Arena in connection with the playing of Wisconsin Herd games and/or other Wisconsin Herd-related exhibitions, events, contests, film/photo shoots and/or other activities, including, but not limited to, any applicable travel, living and working arrangements on or around the following date(s): October 30, 2022 (the “Activity”), and further agree to defend and indemnify the Released Parties for any claims, damages or causes of action relating to or arising out of the Activity.
I verify that I am physically fit and sufficiently trained to participate in this event. I further attest that I will be mindful of traffic along the racecourse, and hold said sponsors and organizers blameless in any harm that may happen. I also understand that the entry fees are nonrefundable.
I expressly assume all risk of injury or illness (including, without limitation, permanent disability and death), virus and disease contraction (including, without limitation, severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), which is also known as COVID-19 (“COVID-19”)), relating to or arising out of my voluntary participation in the Activity, howsoever caused or arising and whether by all acts of negligence, including, but not limited to, negligence of the Released Parties or otherwise, and accept personal responsibility for the damages following such injury, permanent disability, virus or disease contraction or death; however, this agreement shall not waive liability for intentional or reckless acts committed by the Released Parties. If a medical emergency arises, then I grant permission to the Released Parties’ designated personnel to administer first aid to and/or to obtain emergency medical treatment for myself. I fully understand that (i) no precautions, including the protocols implemented from time to time by Future Bucks LLC, its affiliated entities and/or third parties (including, but not limited to, federal and state governmental agencies and local health authorities) can eliminate the risk of exposure to COVID-19, (ii) people of all ages and health conditions can be and have been adversely affected by COVID-19 according to public health authorities and (a) people with certain underlying medical conditions are or may be especially vulnerable and (b) the risk of severe illness from the contraction of COVID-19 increases steadily with age, and contracting COVID-19 can result in the further transmission of COVID-19 to my spouse, family members and other contacts, and (iii) exposure to COVID-19 can result in being subject to quarantine requirements, illness, disability, other short-term and long-term health effects, and/or death, regardless of age or health condition.
I recognize, UNDERSTAND AND APPRECIATE there ARE inherent dangers associated with the ACTIVITY to which I may be exposed (including to potentially hazardous conditions) and I hereby assume full responsibility for any risk of bodily injury, illness, paralysis, VIRUS OR DISEASE CONTRACTION, death, or property damage arising out of or related to my participation in the activity.
I grant full permission to the Released Parties, by any means, whether now known or hereinafter developed, to exhibit, record, reproduce, broadcast, transmit, publish, sell, distribute, perform, use and re-use, and to license others to exhibit, record, reproduce, broadcast, transmit, publish, sell, distribute, perform, use and re-use, for any purpose, in any manner, without further notification, authorization or compensation to me or anyone on my behalf, my name and likeness, and any photographs, videotapes, motion pictures, recordings, or other record of the Activity (or any part or parts of my Activity) in any and all media, whether now known or hereafter developed, worldwide and in perpetuity, and I represent and warrant that no further permission is required for the Released Parties to use the Activity as provided herein.
I further represent and warrant that: (i) I have read each of the above paragraphs carefully, and I acknowledge that I have the opportunity, if I wish, to discuss and negotiate any of the terms contained herein; and (ii) I have full authority to execute this Wisconsin Herd Release Agreement and do so with full knowledge of the facts and circumstances surrounding the Activity and the substantial rights that I am granting and giving up herein.
WAIVER: I, the undersigned participant (and my parent or guardian if I am younger than 18 years of age), intending to be legally bound, do hereby forever release and waive any and all rights, claims, and actions for damages that we, our heirs, executors, administrators, and assigns may have, or that may hereafter accrue against any and all persons, organizations, and other entities associated with the event, including, but not limited to Race Entry, sponsors, affiliates, volunteers, Run with the Herd 5K, and individual Run with the Herd 5K organizers, arising out of or in connection with my involvement before, during, or after the event.
I verify that I am physically fit and sufficiently trained to participate in this event and I assume the risks involved in this activity. I further attest that I will be mindful of traffic along the race course, and hold said sponsors and organizers blameless in any harm that may happen.
I also acknowledge understanding that the charge to my card will show up as Race Entry. I acknowledge that the online processing fees and charitable donations are non-refundable. I also acknowledge that any charitable donations will have 4.97% withheld from the donation to pay credit card and administrative costs.
Race Entry shall not be liable to you for any direct, indirect, special, incidental, consequential or exemplary damages including, but not limited to, loss of profits, goodwill, use, data or other intangible loses. Race Entry does not guarantee the completeness or accuracy of any information contained in, or provided in conjunction with the http://www.raceentry.com website. Race Entry is not responsible for any omissions or inaccuracies, or for the results obtained from this information.
Race Entry facilitates registration for various events, some of which allow participants under the age of thirteen (13). We require a submission of birth date for all registration entries. For children under the age of thirteen (13), parental or guardian consent is required.
You agree that the statutes and laws of the State of Utah, USA, will apply to all matters relating to this Agreement and Waiver. You irrevocably consent that exclusive jurisdiction for any dispute with Race Entry relating to this Agreement and Waiver resides in the courts of Utah, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Utah in conjunction with any such dispute including any claim involving Race Entry .