PARTICIPANT WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
If in doubt as to your physical condition to participate in the St. George Marathon, Half Marathon, 5K, Kids Division 1 Mile, Kids Division 200 Meter, Adaptive Division 1 Mile, Adaptive Division 200 Meter, and the St. George Mayor’s Walk-1 Mile (collectively and individually “Activity,”) it is strongly recommended that you seek the advice of a competent medical professional and abide by his/her advice. Participants under 18 years of age must have written consent of their legal guardian to participate in the Activity. By signing this Participant Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement (“Agreement.”), Participant or Participant’s legal guardian on behalf of Participant, agrees to the following:
I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Activity. I hereby represent that (i) I am in good health and in proper physical condition to participate in the Activity; and (ii) I am not and will not be under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in the Activity. I assume all risks associated with participating in the Activity, including but not limited to: falls, the potential for bodily injury, physical contact with others including but not limited to participants, volunteers, race personnel, contract service providers, employees and spectators, physical contact with natural or man-made objects, and the potential contraction of a communicable disease resulting from contact with others as described herein. I assume all risks including the effects of the weather, high heat, humidity or lack of humidity, freezing cold temperatures, traffic, and the conditions of the road including surrounding terrain.
In consideration of the privilege granted to me of participation in the Activity, I hereby forever release, waive, and covenant not to sue, and further agree to indemnify, defend, and hold harmless the following entities, as relevant and applicable in each instance: the City of St. George, USA Track & Field Inc., the St. George Marathon Committee, organizers, directors, and Activity officials (individually and collectively “Provider”), and the foregoing entities’ agents, representatives, successors, administrators, and assignees (individually and collectively “Provider”), for any and all injuries, claims, demands, causes of action, damages, loss or expense (including court costs and attorneys’ fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate in any way to my participation in the Activity, except to the extent caused by the gross negligence and/or willful misconduct of the Provider, as relevant and applicable in each instance. I further agree that if, despite this Agreement, I, or anyone on my behalf makes a claim for Liability against the Provider, I will indemnify, defend and hold harmless the Provider from any such Liability which may be incurred as a result of such claim.
I give my permission to the Provider and its assignees to reproduce or use my image without cost or reimbursement, on video, photographic, or any other media, for race products, promotional, and any other lawful or legitimate purposes.
I understand that the Provider does not provide for refunds in the event of cancellation of the Activity, or any other circumstance, including my inability to participate for any reason whatsoever, and by signing this Waiver, I agree that I am not entitled to a refund under the foregoing circumstances.
I agree that this Agreement will be governed by and construed in accordance with the laws of the State of Utah. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
I make this Agreement with the express intention of binding my heirs, executors, administrators, legal representatives, and assigns to the terms herein.
I hereby warrant that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it and acknowledge that I do so freely and voluntarily, without any inducement, assurance or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement.
