2018 SAGE RAT RUN WAIVER, RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
I, the participant, being of legal age (18 or older), have asked to participate in the activities associated with the SAGE RAT RUN on May 12, 2018. I understand and acknowledge my participation is wholly voluntary in the SAGE RAT RUN Activities. To permit me to participate in the aforementioned SAGE RAT RUN activities, the receipt and sufficiency of which consideration is hereby acknowledged. In consideration of being permitted to participate in the Event described on the attached Exhibit “A”, incorporated herein by this reference (“Event”) on the premises noted below (“Premises”). The undersigned named below, individually and on behalf of any marital community, heirs, successors and assigns, and, if applicable, as the parent and/or legal guardian of the undersigned minor child named below (collectively “Releasor”) knowingly and voluntarily agrees to release, defend, indemnify and hold Sage Rat Run aka; the Red Mountain Artisans, a Washington State business, harmless, including without limitation, its employees, managers, directors, officers, ages, attorneys, successors and assigns (collectively “Releasee”) as follows:
Prior to participating in the event, Releasor shall inspect the Premises and the Event and inspect all related equipment to be used for themselves and on behalf of any minor child, and is Releasor believed any of the foregoing are unsafe, Releasor shall immediately advise the management of such condition, refuse to participate in the event and, if applicable, with hold Releasor’s child from participating in the Event. If Releasor feels in any reasonable way during the course of the Event that anything or any other participant becomes unsafe, Releasor will immediately take all precautions to avoid all such dangers and REFUSE TO FURTHER PARTICIPATE or IMMEDIATELY WITHDRAW RELEASOR’S MINOR CHILD FROM THE EVENT.
Releasor hereby acknowledges receipt of the Rules and Regulations of the Release and the Event attached to and a part of Exhibit “A” and agrees to always follow the same, and understanding that the same may change upon written notice to Releasor. In addition to written Rules and Regulations, Releasor may receive verbal instructions from Releasee personnel that which should operate as enforceable Rules and Regulations, as well. Notwithstanding any Rules and Regulations, Releasor agrees to act reasonably and safely in all circumstances while at the Event and at the Premises.
Releasor fully understands and acknowledges the following risks associated with participating in the Event at the Premises and fully and unconditionally assumes and accepts each and every such risk as follows:
Releasor knowingly and voluntarily agrees to defend, indemnify and hold Releasee harmless for any and all losses and/or damages to Releasor or third party participants and observers in the Event, including, without limitation, any injury, disability, paralysis or death, regardless if cause and however caused and whether caused in whole or in part by the negligence of the Releasee named below.
Releasor hereby expressly acknowledges that any injuries received may be compounded or increased by negligent or delayed rescue or emergency operations over which Releasee may or may not have control and further assumes any and all risks associated with any such delayed rescue or emergency operations.
This Release, Waiver of Liability, Assumption of Risk and Indemnity Agreement has legal effect and RELEASOR IS HEREBY INFORMED OF THE RIGHT TO SEEK INDEPENDENT LEGAL REVIEW OF THIS INSTRUMENT PRIOR TO SIGNING. IF RELEASOR FAILS TO SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING THIS INSTRUMENT, RELEASOR SHALL BE DEEMED TO HAVE KNOWINGLY AND VOLUNTARILY WAIVED ANY AND ALL RIGHTS TO SEEK LEGAL REVIEW OF THIS INSTRUMENT, AND ANY CLAIM OR CAUSE OF ACTION THAT ARISES OUT OF OR IS RELATED TO THE PARTICIPATION OF THE EVENT AT THE PREMISES.
If, despite the release, the Releasor makes a claim against any of the covered parties that make up Releasee, Releasor shall reimburse Release for any and all costs and expenses, including attorney’s fees that Releasee has paid in order to hold Releasee harmless.
RELEASOR HAS READ THIS RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTANDS ITS TERMS, UNDERSTANDS THAT RELEASOR HAS FORFEITED SUBSTANTIAL RIGHTS BY SIGNING THIS RELEASE, WAIVER OF LIABILITY, ASSUMPTION AND RISK AND INDEMNITY AGREEMENT, HAS SIGNED THIS INSTRUMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE OF ANY KIND OF BEING MADE TO RELEASOR, INTENDS THE SIGNATURE BELOW TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY, INCLUDING ANY GROSS NEGLIGENCE OF RELEASEE, AND KNOWINGLY AND VOLUNTARILY WAIVES ANY AND ALL CAUSES OF ACTION AGAINST RELEASEE TO THE GREATEST EXTENT ALLOWED BY LAW.
I, individually, and on behalf of my heirs, successors, assigns, and personal representatives, hereby release, acquit and forever discharge the SAGE RAT RUN and its employees, volunteers, agents, servants, officers, sponsors, trustees, and representatives (in their official and individual capacities) from any and all liability whatsoever for any and all damages, losses or injuries, including death, mental anguish or emotional distress to persons and/or property, including but not limited to any claims, demands, actions, causes of action, damages, costs, expenses (including hospital and medical expenses) and attorney’s fees, which arise out of, during, or in connection with my participation in the aforementioned SAGE RAT RUN Activities, including but not limited to any damages, losses, or injuries to persons or property or both, which may be sustained or suffered by me or any person in connection with my association with, or participation in the SAGE RAT RUN Activities. I know that running in a fun run and or a road race is a potentially hazardous activity. I should not enter and run unless I am medically able and properly trained. I agree to abide by any decision of a race official relative to my ability to safely complete the run. I assume all risks associated with running in this event including but not limited to falls, contact with other participants, road traffic, the effects of the weather, including high heat and/or humidity, the conditions of the road and traffic on the course, all such risks being known and appreciated by me. Having read this waiver and knowing these facts, and in consideration of your acceptance of my entry, I, for myself and anyone entitled to act on my behalf, waive and release the event organizers, Astra Health, Cities of Sunnyside, Grandview and Prosser, Benton and Yakima Counties, all other sponsors and contributors, volunteers and their representatives and successors from all claims or liabilities of any kind arising out of my participation in this event even though that liability may arise out of negligence or carelessness on the part of the persons named in this waiver.
If I am under 18 years of age my parent has knowledge of my participation and signs this waiver on my behalf. This is to certify that my child has permission to compete in this event, is in good physical condition and the event officials may authorize necessary emergency medical treatment. I understand that this event is a fun run and that others may be present on the path in the form of walkers, bicycles, skateboards, baby joggers or strollers, roller skates or blades, and animals. Others on the path may be present in which running officials have no knowledge. I agree and understand these guidelines by signing below.
I, individually, and on behalf of my heirs, successors, assigns, and personal representatives, hereby agree to indemnify, defend and hold harmless SAGE RAT RUN, Astria Health, and its employees, volunteers, agents, servants, officers, sponsors, trustees, and representatives (in their official and individual capacities) and all other sponsors and contributors from any and all liability, loss or damages they or any of them incur or sustain as a result of any claims, demands, damages, actions, causes of action, judgments, costs or expenses, including attorney’s fees, which result from, arise out of or relate to my participation in the aforementioned SAGE RAT RUN Activities.
I agree that this Waiver, Release and Indemnification Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Washington, and if any portion hereof is held invalid, it is agreed that the balance hereof shall, notwithstanding, continue in full legal force in effect. In the event of any cause of action, the laws of the State of Washington apply and the jurisdiction lies with the Benton or Yakima County Superior Court or the U. S. District Court of Washington.
I hereby acknowledge and accept that there are certain risks, known and unknown, including bodily injury and death that could result from my participation in the aforementioned SAGE RAT RUN. The SAGE RAT RUN Activities will include running and/or walking on paved and unpaved surfaces. I have knowingly and voluntarily decided to assume the risk of these inherent dangers in consideration of the SAGE RAT RUN permission to allow me to participate in the aforementioned SAGE RAT RUN Activities. I hereby release and discharge the SAGE RAT RUN and Astria Health and its employees, volunteers, agents, servants, officers, sponsors, trustees, and representatives (in their official and individual capacities) and all other sponsors and contributors from any and all negligence, including the SAGE RAT RUN own negligence, in connection with my attendance at, activities in, or participation in the SAGE RAT RUN Activities, including travel to and from the SAGE RAT RUN locations, except for any gross negligence or willful and wanton misconduct on the part of the SAGE RAT RUN.
I represent and warrant that I am covered throughout the SAGE RAT RUN Activities by a policy of comprehensive health and accident insurance which provides coverage for injuries which I may sustain as part of my participation in the SAGE RAT RUN Activities. I release and discharge the SAGE RAT RUN and Astria Health, and all other sponsors and contributors, any employees, volunteers, agents, servants, officers, sponsors, trustees, and representatives (in their official and individual capacities) of all responsibility and liability for any injuries, illnesses, medical bills, charges, co-pays, deductibles or similar expense, whether covered by health insurance or not that I may incur while participating in or attending the SAGE RAT RUN Activities.
I hereby consent to any publicity, including the use of my name and likeness, and waive any right to inspect and/or approve any photography, film videotape, recordings or advertising copy which may be used in connection with my participation or attendance in the Activities.
In signing or electronically acknowledging this Waiver, Release and Indemnification Agreement, I hereby acknowledge and represent that I have read this entire document, that I understand its terms and provision, that I understand that it affects my legal rights, that it is a binding Agreement, and that I have signed or acknowledged it knowingly and voluntarily.
Premise as described above include locations as described on the Sage Rat Run website for start and finish and route locations.