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Waiver


In consideration of being permitted to participate in 3.101, I hereby agree as follows:

1. I know that running is a potentially hazardous activity, which could cause injury or death. I should not enter and run unless I am medically able and properly trained. I agree to abide by any decision of a program coach relative to any aspect of my participation in this training session, including the right of the official to deny or suspend my participation for any reason whatsoever. I hereby certify I am in good health, and prepared to undertake this training program. I assume all risks associated with running in this event, including, but not limited to, falls, getting lost, contacts with other participants, the effects of the weather, including high heat and/or humidity, conditions of the trails/roads, all such risks being known and appreciated by me.

2. On behalf of myself, my executors, administrators, heirs, next of kin, successors and assigns, and anyone else who might sue on my behalf, I HEREBY WAIVE, RELEASE, and FOREVER DISCHARGE RUNdetroit, all coaches, program staff, producers, Event staff, administrators, officials, contractors, vendors, volunteers and organizers (including race directors), athletes, all other persons or entities involved with 3.101, states, cities, towns, and other governmental bodies and locations in which 3.101 or portions of 3.101 takes place, and the officers, directors, employees, agents, insurers, other participants and representatives of all of the above (collectively, the "Released Parties"), from any and all claims, causes of action, damages, losses (economic and non-economic), and liabilities of every kind (collectively "Claims"), for death, personal injury, or property damage, which may arise out of, result from, or relate to my assistance/participation in, or my traveling to or from, the Event, including but not limited to any Claims for theft, damage to any equipment, negligence, partial or permanent disability, Claims relating to the provision of first aid, medical care, medical treatment, or medical decisions (at an Event site or elsewhere), and any Claims for medical or hospital expenses.

3. I assume any and all risks for injury to person or property, or any other consequence arising out of my participating in the Event, including travel en route to and from the Event. I HEREBY WAIVE AND RELEASE MY LEGAL RIGHTS TO SUE FOR ANY INJURY OR OTHER DAMAGE ARISING OUT OF OR RESULTING FROM MY PARTICIPATION.

4. I FURTHER COVENANT and AGREE NOT TO SUE any of the Released Parties for any of the Claims that I have waived, released, or discharged herein. I AGREE TO INDEMNIFY and HOLD HARMLESS the Released Parties from any and all expenses incurred, Claims made, or liabilities assessed against them, including but not limited to attorneys’ fees and litigation expenses, arising out of or resulting from, directly or indirectly, in whole or in part, my breach or failure to abide by any part of this Waiver Agreement, and my actions or inactions which cause injury or damage to any other person.

5. I acknowledge and agree to allow my photograph, likeness and/or voice to appear in any documentary, promotional (including advertisements), television, radio or film coverage of 3.101 without compensation or further notice, and I agree to assign all copyright or other interests therein to 3.101.

6. The parent or legal guardian who signs the Waiver Agreement on behalf of a minor, incapacitated and/or mentally challenged person (hereinafter "Said Person"), hereby acknowledges that he or she has the legal capacity and authority to act on behalf of Said Person to legally bind Said Person to the Waiver Agreement. The parent or legal guardian who signs the Waiver Agreement agrees to indemnify and hold harmless the Released Parties for any expenses incurred, Claims made, or liabilities assessed against them, as a result of any insufficiency of legal capacity or authority to act on behalf of Said Person in the execution of the Waiver Agreement.

7. If any provision of this Waiver Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Waiver Agreement and shall not affect the validity and enforceability of any remaining provisions.

8. I understand that if the Mustache Dache race cannot be held on November 12th, 2017 due to circumstances beyond the control of the race committee and sponsors, including, but not limited to, unsafe weather conditions or governmental ban, the race will be cancelled and will not be rescheduled for another date this year. Since the majority of event costs (entry forms, advertising, etc.) occur prior to the race, my entry fee will not be refunded.