Assumption of Risk, Release of Liability, Covenant Not to Sue and Indemnity Agreement
In consideration of APX Velocity allowing me to participate in any APX Velocity sanctioned event, workout or series and all activities related to or connected with any event, workout or series, including travel to and from (collectively the "Event"), whether through the issuance of any membership, and whether as a runner, official, coach, volunteer, spectator, or otherwise, I, for myself, my spouse, children, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agree as follows:
Assumption of Risk. I am aware that running involves inherent risks, including but not limited to those associated with man-made and natural hazards; collisions with pedestrians, vehicles, other participants, animals, and fixed or moving objects; imperfect course conditions; surface hazards, including pot holes; equipment failure; inadequate safety equipment; use of equipment or materials provided by the Event organizer and others; and weather conditions. I fully understand that participating in the Event is an extreme test of a person's physical and mental limits and may involve the risk of serious injury or death, economic loss, property damage or loss that may result from my own actions, inactions or negligence, and also from the actions, inactions or negligence of others. I understand and voluntarily assume these risks.
Release of Liability. I hereby forever release, waive, and discharge APX Velocity, and each of their respective leaders, officers, directors, agents, employees, volunteers, independent contractors, members, clubs, officials, event directors, local associations, affiliates, sponsors, advertisers, partners, organizers, property owners, law enforcement agencies, and public entities, that are connected with the Event, and each of their respective officers, agents, employees, and volunteers (collectively, "Releasees") from any and all claims that may arise out of or are related to my participation in the Event, including claims arising from the ordinary negligence of Releasees.
Covenant Not to Sue and Indemnity Agreement. I will not make any claim against Releasees for injury, damage, death or any other loss arising from or related to my participation in the Event. I understand that if I attempt to sue Releasees in violation of this agreement, Releasees may seek to recover all of their costs, including legal fees. I agree to indemnify, hold harmless, and defend Releasees from and against any and all actions, causes of action, claims, charges, demands, losses, damages, costs, attorney's fees, judgments, verdicts, liens, indebtedness and liabilities of every kind and character, whether known or unknown, including foreseen or unforeseen bodily injury and personal injuries and property damage that may be sustained by me or any other person in any way connected to, related to, or arising out of my participation in the Event.
Health. I represent that I am in good health and proper physical condition to safely participate in the Event. I acknowledge that it is my sole responsibility to make such determination and that I am responsible for my own well-being at all times while participating in the Event.
Rules; Regulations; Equipment. I agree to be familiar with and abide by the rules and regulations established for an Event, including competitive rules adopted by APX Velocity, and any special regulations for the Event. I agree to be familiar with the Event course. I agree to run and participate so as to neither endanger myself nor others. I accept responsibility for the condition and adequacy of my equipment and any equipment provided for my use.
Governing Law; Jurisdiction; Severability. This agreement shall be governed by the laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the state of California or any other jurisdiction). Any legal suit, action, or proceeding arising out of or relating to this agreement shall be instituted in courts of the State of California located in San Jose in Santa Clara County. If any provision of this agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of this agreement or invalidate or render unenforceable any other provision in any other jurisdiction.
Photo & Video Release. I hereby grant full permission to any and all of the foregoing to use any photographs, motion pictures, recordings, or any other record of these events for any legitimate purpose in any legal condition, including but not limited to publicity, copyright purposes, illustration, advertising, social media and web content without monetary payment to me.
Newsletter Sign-up. I agree that APX Velocity may send me a monthly newsletter via email with a summary of upcoming events and races as well as recent highlights and other information.
I have carefully read the foregoing and fully understand its terms. I attest that I am 18 years of age or older. I understand that I am giving up substantial rights, including my right to sue Releasees for injuries resulting from the inherent risks of running and the ordinary negligence of Releasees. I acknowledge that I am signing this agreement freely and voluntarily, and intend my signature to be a complete and unconditional release of all liability to the greatest extent permitted by law.
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