THE ACKNOWLEDGMENT,WAIVER AND RELEASE FROM LIABILITY
In consideration of the acceptance of my application to participate in A’Famosa Color Run including without limitation, competing in the race(s) and participating in any and all pre and post race activities and social events (collectively, the "Event"), and/or my being permitted to officiate, observe, work for or in any manner participate in the Event or its staging, and intending to be legally bound hereby, I hereby freely agree, represent and acknowledge, for myself, my personal representatives, assigns and heirs that: (1) I HEREBY RELEASE AND PROMISE NOT TO SUE, AND SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS, A’Famosa Resort ; hereinafter referred to as "The Organiser"; all states, cities, counties or localities in which the Event or segments of the Event are held; all Event sponsors, advertisers, officials, volunteers and independent contractors; owners and lessees of property used to conduct or used in conjunction with the Event; and the officers, directors, shareholders, partners, employees, members and agents of any of the above (the "Releasees"); FROM EVERY CLAIM AND ANY LIABILITY that I, my personal representatives, heirs and assigns may allege against the Releasees, including attorney's fees, as a direct or indirect result of injury to me or my property or resulting in my death, whether or not caused by any act or omission of Releasees, including but not limited to the negligence of Releasees or otherwise while I am in any way competing in, officiating, observing, working for, or in any manner participating in the Event or its staging; (2) I acknowledge that participating in the Event can be a dangerous activity that involves risks of serious bodily injury, death or property damage and I HEREBY ASSUME FULL RESPONSIBILITY FOR RISK OF BODILY INJURY, DEATH AND PROPERTY DAMAGE due to the negligence of Releasees or otherwise arising out of or in any way relating to any of the events referred to in item 1 hereof; (3) I will comply with all rules, regulations and instructions of the Event and its officials; (4) I am physically fit, have sufficiently trained for the Event, and there is no medical reason why I should not participate in the Event; (5) I CONSENT TO RECEIVE MEDICAL TREATMENT in the event that I become ill, I am injured or I am involved in an accident during the Event or as otherwise deemed necessary or advisable by Event officials; (6) I CONSENT TO THE FREE AND UNRESTRICTED USE OF MY NAME, VOICE AND PICTURE in any and all Event promotional materials, videotapes, telecasts, and promotions for any purposes deemed necessary by The Organiser, including but not limited to commercial use, and I waive all right to any future compensation to which I may otherwise be entitled as a result of the use of my name or likeness; (7) I understand that The Organiser withholds the right to offer any refund to participants for their registration to The Event for whatever reason including but not limited to non-starters, withdrawal, cancellation of The Event; and (8) I accept that once my registration has been paid for and confirmed that it cannot be transferred to any other individual as they will not be covered under the insurance of The Event. Any requests to transfer registrations must be made in writing to the Race Director, will be assessed on a case-by-case basis and may be subject to additional costs related to the transfer of details.
I HAVE CAREFULLY READ, UNDERSTAND AND VOLUNTARILY SIGNED THIS AGREEMENT.
I HEREBY AFFIRM THAT I AM EIGHTEEN (18) YEARS OF AGE OR OLDER, I HAVE READ THIS DOCUMENT, AND I UNDERSTAND ITS CONTENTS.
For persons under 18 years of age, a parent or legal guardian must sign the above Waiver and Release and complete the following section.
I am the parent or natural guardian of this participant and have executed the foregoing Waiver and Release Agreement for and on behalf of my Child. I HAVE READ AND UNDERSTAND THIS WAIVER AND RELEASE AGREEMENT. In consideration of allowing my Child to participate in the Event, I agree that THE TERMS OF THIS WAIVER AND RELEASE AGREEMENT SHALL BIND ME, MY CHILD, our personal representatives, heirs and assigns. I HEREBY RELEASE AND PROMISE NOT TO SUE, AND SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS, THE RELEASEES FROM EVERY CLAIM AND ANY LIABILITY that I or my Child may allege against the Releasees, including attorney fees, as a direct or indirect result of injury to me or my child, or my or my Child's property, or resulting in my or my Child's death, because of my Child's participation in the Event or its staging, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES or otherwise.