Wisner Leprechaun Fun Run RELEASE OF LIABILITY, EXPRESS ASSUMPTION OF RISK, WAIVER AND INDEMNITY AGREEMENT This document limits your rights to recovery of damages in case of accident, injury or death. Read before signing. In consideration of being permitted to play, compete, observe, or for any purpose participate in any way in The "Wisner Leprechaun Fun Run" and all related activities or other activities and events whatsoever, including, hereinafter referred to as EVENT, and in further consideration of being permitted for any purpose to enter any EVENT AREA, herein defined as including, but not limited to, the event course, all areas of event parking, event observation, including bleachers, restroom facilities, concession areas, and all other areas adjacent or appurtenant to any area and place where any activity related to the event shall occur, EACH OF THE UNDERSIGNED, for himself or herself, his or her heirs, successors, assigns and legal representatives, hereby covenants, promises, and agrees, and by execution of this document, expressly represents and warrants as follows: 1) That he or she has, or will immediately upon entering any event area, and will continuously thereafter, inspect all event areas and all portions thereof which he or she enters and with which he of she comes into contact, 2) That he or she will note any existing weather conditions and all event activities and conditions of any nature whatsoever, and will continuously thereafter, monitor and note any and all changes in the weather conditions and any and all changes in event activities and conditions of any nature whatsoever, 3) That he or she will not enter or participate in any way in any event area or event activity until he or she has completed an inspection which satisfies him or her that any event area or event activity with which he or she is reasonably likely to be involved with in any manner whatsoever, or to come in contact with in any way, is safe for all purposes and aspects of all contact with such event area and all involvement with all event activities of every nature or extent whatsoever, 4) That if, at any time, he or she is in or about any event area or is involved in any event activity which he or she feels constitutes an unreasonable risk of accident, injury, or property damage, or is in any way unsafe, that he or she will immediately leave any such event area or areas, will stop involvement, and will not participate in any way, in any such event activity or activities, and will immediately advise an event official of the event area or areas and/or event activity or activities that he or she feels is so unsafe, 5) That he or she is fully informed and aware of the nature and extent of all possible activities involved with participation in any and all aspects of the event and all possible risks associated therewith, including, but not limited to, that the activities of the event may be very dangerous and involve a risk of serious injury and/or death and/or property damage, 6) That his or her entry upon any event area or areas, or his or her participation in any way, if any, in any event activity, constitutes an express acknowledgment that he or she has complied with all matters herein set forth, and that he or she finds and accepts such event area or areas and such event activities as being safe and reasonable suited and fit for the purposes of his or her intended use and that such event area or areas and such event activities are properly designed and maintained, 7) That he or she freely, voluntarily and intelligently assumes all risks arising from conditions related to involvement in all event activities of any nature whatsoever and/or the use of any event area by himself, herself or others, including full responsibility for the risk of bodily injury, death and property damage, 8) That no oral representations, statements or inducements apart from this written instrument have been made, 9) To indemnify and hold harmless all parties, persons, or entities that are in any way involved in any aspect of the event whatsoever, including, but not limited to, the all persons and entities associated in any way with the planning, organization, and facilitation of the event; The City of Wisner, Nebraska; Cuming County, Nebraska; Wisner Hibernians, Wisner Volunteer Fire Department, Wisner Rescue, all supporter or sponsors of the event, and all directors, officers, elected officials, employees, agents, and other representatives of such persons or entities, individually and in all representative and other capacities whatsoever, hereinafter referred to as RELEASEES, from any loss liability, damage or cost Releasees may incur resulting or to result from his or her entry upon any event area or participation in any way in any event activity, 10) That he or she hereby releases, waives and forever discharges the Releasees, their heirs, successors, assigns, legal representatives, and all insurance carriers of all Releasees of an from any and every liability, claim, demand, action and cause of action, of whatever kind or nature, either in law or equity, including rights under all medical payment provisions of all insurance policies of all Releasees, arising from or by reason of death or any injury to his or her person or property, known or unknown, whether caused by negligence or not, resulting or to result from his or her entry upon any event area or participation in any way in any event activity, 11) That he or she assumes total financial responsibility for the undersigned participant and will not hold any Releasee liable or responsible in the event of death or injury to the participant or damage to his or her property, 12) That the foregoing RELEASE OF LIABILITY, EXPRESS ASSUMPTION OF RISK, WAIVER AND INDEMNITY AGREEMENT is intended to be as broad, far reaching and inclusive as is permitted by all applicable laws and that if any portion thereof is held to be invalid it is agreed that the balance shall, notwithstanding, continue in full force and effect. This agreement shall be valid and binding upon execution and shall remain in full force and affect until written notice of termination is delivered the President of Wisner Community Arts & Recreation Association |