Here's some important rules for the Little Sesame Earth Day 5K:
In consideration with your participation in the activities associated with the Little Sesame Earth Day 5k (the “Activities”), you, for yourself and any legal and personal representatives, executors, administrators, successors, and assigns, hereby agree to and make the following contractual representations and warranties: 1. No Liability. You understand that Little Sesame is only providing a virtual platform for the Activities at the sole discretion and direction of individual participants. Little Sesame has no control over the nature of an individual's participation and makes no inducements for participation. The manner and nature of all participation in the Activities is solely at the runner’s discretion and Little Sesame shall have no liability relating to an individual’s decision to participate in the Activities in the manner of their sole choosing. 2. Personal Health. You hereby represent that you are in good health and in proper physical condition to participate in the Activities, as they are described in the materials, and that it is your sole responsibility to determine whether you are sufficiently fit and healthy enough to participate in the Activities.
3. Activities Acknowledgement. You understand and acknowledge the Event and Activities are inherently dangerous. You understand that your attendance or participation in either involves risks and dangers which include, without limitation: (a) the potential for serious bodily injury (up to and including loss of life) and/or loss of or damage to property; (b) exposure to hazards on the running route determined in your sole discretion; (c) dangers due to ground conditions along the route; (d) dangers arising from adverse weather conditions, equipment failure, and/or human error; (e) inadequate safety measures; (f) dangers arising from your conduct and/or lack of fitness to complete the chosen Activities ; (g) situations beyond the immediate control of Little Sesame; and (h) other undefined risks and dangers which may not be readily foreseeable or are presently unknown. The foregoing items shall hereinafter be referred to as the “Risks.” You hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses, or expenses which you incur as a result of your attendance at the Event or participation in the Activities, irrespective of whether any risk or damage is caused, in whole or in part, by the actions or inactions of any party, including the Released Parties (as defined below).
Release, Waivers & Indemnity
You hereby release, waive, and covenant not to sue, and further agree to indemnify, defend, and hold harmless Little Sesame together with their respective parents, subsidiaries, and affiliated companies, officers, directors, shareholders, agents, employees, and volunteers (hereinafter “Released Parties”), with respect to any liability, claim(s), cause(s) of action, damage(s), loss, or expense, including court costs and reasonable attorney’s fees of any kind or nature (hereinafter “Liability”) which may arise out of, result from, or relating to: (a) the Risks set forth above; (b) any person’s breach of or failure to comply with these Terms, or applicable law; (c) any injury to any person during the course of or related to the Event or Activities; or (d) your participating in the Activities, including claims for Liability caused in whole or in part by the negligence of the Released Parties.You further agree that if, despite these Terms, you, or anyone on your behalf, make a claim for Liability against a Released Party, you will indemnify, defend, and hold harmless each of the Released Parties from any such Liability which may be incurred as a result of such a claim. We appreciate your participation! If you have any questions, comments or concerns please email us at firstname.lastname@example.org! #run4motherearth
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