2024 GO/GUNNISON OUTDOOR INITIATIVE Thighs Before Pies Turkey Trot presented by Gunnison Valley Health RELEASE OF LIABILITY IN CONSIDERATION FOR the opportunity to participate in the 8th Annual Turkey Trot Race (the “Event”); I, for myself and on behalf of my spouse, children, heirs, parents, guardians, next of kin, legal and personal representatives, executors, administrators, successors and assigns, hereby agree to the following terms pursuant to this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement (the “Agreement”); I hereby represent that (i) I am at least 18 years of age or older or the guardian of participant that is under 18 years of age; (ii) I am (minor is) in excellent health with no mental, physical or medical conditions which would impair, prevent or prohibit me (he/she) from safely participating in the Event; and (iii) I (minor) will not be under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to participate in the Event. I agree that it is my sole responsibility to determine whether I am (minor is) in proper physical condition to participate in the Event. I agree that it is my responsibility to be familiar with the Event courses and to abide by the Rules and Regulations established for the Event (some of which may be expressed verbally to me immediately prior to the Event). I hereby agree to participate in accordance with applicable law. I (or minor) shall promptly and faithfully comply with all reasonable instructions, directions, requests, rules and regulations of the Event Organizers. I hereby accept responsibility for my own (or that of minor’s) conduct and actions while participating in the Event. I understand and acknowledge the risks and dangers associated with participating in the Event and related activities, including without limitation, the potential for serious bodily injury, sickness and disease, permanent disability, paralysis and loss of life; loss of or damage to equipment/property; exposure to extreme conditions and circumstances; contact with other participants, Event volunteers, spectators, animals or other natural or manmade objects; dangers arising from adverse weather conditions; imperfect road conditions; land, snow, water and surface hazards; equipment failure; inadequate safety measures; situations beyond the immediate control of the Event Organizers; and other undefined, not readily foreseeable and presently unknown risks and dangers (“Risks”). I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others serving or participating in the Event, or the negligent acts or omissions of the Released Parties defined below, and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I incur as a result of my participation (or minor’s participation) in the Event. I hereby grant the GO Initiative permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, and promotional materials without payment or other consideration. To the fullest extent permitted by law, I hereby release, waive and covenant not to sue, and further agree to Indemnify, defend and hold harmless the following parties: Gunnison Valley Health, Gunnison Valley Orthopedics, the GO Initiative, the Gunnison Outdoor Initiative, City of Gunnison, Crested Butte and Gunnison Chamber of Commerce, Gunnison Valley Health Foundation, all Sponsors associated with the Event, Coaches, Promoters, Supporters, Sponsors, and Organizers, Volunteers, any Property Owners, Law Enforcement Agencies or Public Entities providing support for the Event; and each of their respective parent, subsidiary and affiliated entities, officers, directors, partners, shareholders, members, agents, employees, volunteers, successors and assigns (collectively, the “Released Parties” or “Event Organizers”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and attorney’s fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate in any way to my participation in the Event, including claims for Liability caused in whole or in part by the negligent acts or omissions of the Released Parties. I further agree that if, despite this Agreement, I, or anyone on the my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liabilities which any may be incurred as the result of such claim. 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 intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between me and the Event Organizers regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any portion of this Agreement is held to be unenforceable, invalid or overly broad, I agree that the remaining terms and provisions of this Agreement will continue in full legal force and effect. |