By signing this legal document, you are giving up any legal rights you may have to sue Kendall Run Club, Homestead, West Kendall, Brickell Run Club, Gables Run Club, Weston Run Club, South Beach Run Club, Old Cutler Run Club and/or, Run the City, Inc., pace leaders and/or sponsors in court for money or other damages.
I _____________________________________ (“Participant”) desire to participate in Run Club (Kendall, Weston, South Beach, Gables, Homestead, West Kendall, Brickell and Old Cutler) (the “Events”), conducted by Run the City and/or its subsidiaries and agents. In exchange for participating in the Events, I agree for myself and my heirs, estate, insurers and assigns to assume liability for and fully release, hold harmless, defend, and indemnify 117 Partners, Investment Management Associates, Fortune Development Sales Corp, Fortune International Realty Brickell Inc., CytoSport, Baptist Health South Florida, Nike, Inc., DDA Miami, Weston Town Center LLC, Weston Maintenance Association LLC, Weston Common Area LLC, Run the City, Inc., Francisco J. Ruiz, Run Club Pacers, Run Club Network, and each of their respective affiliates, directors, employees, agents, subcontractors, and sponsors (collectively, the “Run Club Indemnitees”) from any and all claims, damages, injuries (including death), lawsuits, expenses (including attorney fees) and any other liability whatsoever, of or to me or any other person, in connection with my participation in the Events due to any cause whatsoever, including but not limited to the Run City Indemnitees’ own negligence, breach of contract, or breach of any statutory duty or other duty of care, including the failure to safeguard or protect me from the risks and losses associated with the Event.
I additionally grant Run the City and the Run Club Network the worldwide right in perpetuity, without compensation, to use or allow any of the foregoing parties to use my image or likeness for any lawful purpose, including public distribution, and in any medium now known or hereafter developed, including but not limited to advertisements, social networking sites, including but not limited to Facebook or Instagram.
By signing below (or, if submitted electronically, by clicking “I agree” to the above waiver which will constitute my valid signature), I acknowledge my understanding that my participation in the Events and/or any pre- or post-run club activities (the run club and pre/post-run club activities are individually and collectively referred to as the “Events”) involves rigorous physical activity and are potentially hazardous. I attest and verify that I am physically fit and have sufficiently trained for the Events and that, if appropriate, my physical fitness to participate in the Event has been verified by a licensed medical doctor. I expressly assume all known and unknown risks associated with the Events, including but not limited to: loss of or damage to my property; injury (including death); accidents; the effects of weather; terrain conditions that may vary widely, and that may include uneven and/or slippery surfaces, unpredictable spectators and/or participants, and natural and man-made obstacles (including without limitation, vehicles, security barriers, signs, and debris on the course). I understand and agree that these risks may result in injury, harm or damage, including but not limited to economic, property, emotional, mental, physical, death, or other forms of pain or suffering.
This Release and Waiver shall be construed and enforced in accordance with the laws of the state of Florida ("State"), and any provisions required to be included in a release and waiver of this type by any applicable and valid federal or State law, rule, or regulation shall be deemed to be incorporated herein.
I HAVE READ THIS RELEASE CAREFULLY, FULLY UNDERSTAND IT and VOLUNTARILY AGREE TO ITS TERMS WITH FULL KNOWLEDGE THAT I AM RELEASING SUBSTANTIAL RIGHTS THAT I MAY OTHERWISE HAVE HAD, and SPECIFICALLY ASSUME RESPONSIBILITY FOR THESE RISKS of INJURY.