JONES GARDENS
"Nourishing Strides"
Participant Waiver for Registration
"Nourishing Strides" 5K Participant Waiver for Registration
Acknowledgement, Waiver, Release, Indemnification, and Agreement
(For ease of reference, everything from this point through my signature is referred to as the "Waiver and Release". The child whose name is set forth at the end of this Waiver and Release below, if any, is referred to as my "Child".)
In consideration of the acceptance of my (or, if applicable, my Child's) application for participation in the "Nourishing Strides" 5K (together with all events, running/walking, programs, transportation, preparation and follow-up activities before, during and after and in connection therewith, the "5K") by Jones Gardens. ("Jones Gardens"), I, the undersigned, agree to the following (and, if applicable, agree to the following on behalf of my Child):
Acknowledgment and Assumption of Risks Involved in Participation. I (and, if applicable, I on behalf of my Child) acknowledge that the 5K contains risks, including but not limited to the risks of falling, collision with other runners, walkers, motor vehicles, pedestrians or stationary or moving objects, surface hazards, including any part of the terrain, the conditions of the road or practice surface, equipment failure, inadequate or misused safety equipment, weather conditions, my (or, if applicable, my Child's) negligence and the negligence of others. My (or, if applicable, my Child's) participation is voluntary and done at my (or, if applicable, my Child's) own risk. I (and, if applicable, I on behalf of my Child) voluntarily assume all risks of loss, damage, death, or injury that may be sustained by me (or, if applicable, my Child) while participating in the 5K or directly related to or incidental to the 5K and any activity associated therewith.
I (and, if applicable, I on behalf of my Child) attest that I am (and, if applicable, my Child is) sufficiently trained for participation and completion of the 5K and in excellent health with no mental, physical, or medical conditions which would impair, prevent, or prohibit me from safely participating in the 5K. I (and, if applicable, I on behalf of my Child) recognize that an event of this nature can be physically demanding. I (and, if applicable, I on behalf of my Child) acknowledge Jones Gardens' recommendation that I (or, if applicable, my Child) consult with a physician regarding the advisability of participation in this activity. I (and, if applicable, I on behalf of my Child) agree to not be under the influence of alcohol or any illicit or prescription drugs which would in any way impair ability to participate in the 5K. I (and, if applicable, I on behalf of my Child) acknowledge that serious accidents can occur during the 5K, and that participants in this 5K may sustain serious injury as a consequence thereof. I (and, if applicable, I on behalf of my Child) acknowledge that situations may arise during the 5K which may be beyond the immediate control of the 5K organizers. Nevertheless, I (and, if applicable, I on behalf of my Child) agree to assume these risks.
Infectious Diseases, including COVID-19. I (and, if applicable, I on behalf of my Child) acknowledge that:
(a) participation includes the possible exposure to and illness from infectious and/or communicable diseases including but not limited to MRSA, influenza, and 2019-nCoV caused by the novel coronavirus SARS-CoV-2 ("COVID-19") (all of which together will be referred to here as the "Infectious Diseases"); (b) participation increases my (or, if applicable, my Child's) risk of exposure to and illness from Infectious Diseases, and that the risk of Infectious Diseases may be increased by my own negligence and/or the negligence of others (including other participants of the 5K and the Releases); (c) if I (or, if applicable, my Child) become infected I (or, if applicable, my Child) may pass the disease on to others who could get sick and die; (d) if I (or, if applicable, my Child) become infected I (or, if applicable, my Child) may need to quarantine, shelter in place, miss work, school, or other activities, and that if I (or, if applicable, my Child) have come into contact with others, they may need to do so as well; (e) medical and governmental authorities do not all agree on the best ways to prevent or treat COVID-19 or other Infectious Diseases, and I (and, if applicable, I on behalf of my Child) agree to take responsibility for making decisions about the best prevention and treatment for myself (or, if applicable, my Child), provided that these are at least as rigorous as those required or recommended by all applicable state, city, and federal governmental authorities, or as required by Jones Gardens; (f) the circumstances regarding Infectious Diseases are changing from day to day, and that it is my (or, if applicable, my Child's) responsibility (and not that of Jones Gardens or any Release) to inform myself of the latest news, risk, and local, state and federal guidelines (including those promulgated by the Commonwealth of Virginia (https://www.cdc.gov/nchs/pressroom/states/virginia/va.htm) and Centers for Disease Control and Prevention ("CDC") (see https://www.cdc.gov/coronavirus/2019-ncov/index.html); and (g) even following the rules and guidelines will not necessarily protect me (or, if applicable, my Child) from being exposed or becoming sick.
Release and Waiver. I (and, if applicable, I on behalf of my Child) hereby unconditionally RELEASE, WAIVE and AGREE NOT TO SUE Jones Gardens, the City of Staunton, The Virginia Department of Transportation, the City of Staunton Police Department, and all sponsoring or participating entities, governmental agencies, businesses and organizations, and their respective subsidiaries, affiliates, parent companies, and all past, present and future directors, trustees, officers, employees, agents, volunteers, contractors and representatives of the foregoing (collectively, "Releases", and each individually, "Release"), from all liability and all claims of any kind - including but not limited to for damages, death, personal injury or loss of property - resulting from, arising out of, or connected in any way with, in whole or in part, my (or, if applicable, my Child's) participation in the 5K, WHETHER CAUSED BY NEGLIGENCE OF THE RELEASEES OR OTHERS, to the maximum extent permitted by law. In addition, I (and, if applicable, I on behalf of my Child) waive my (and, if applicable, my Child's) insurers' right to make a claim against Release based on payments by insurers to me (and, if applicable, my Child and/or on my Child's behalf) for any reason. I (and, if applicable, I on behalf of my Child) acknowledge this means my insurers have no rights of subrogation against the Releases. I (and, if applicable, I on behalf of my Child) agree to not initiate, participate in or assist anyone in connection with, any claim, lawsuit, court action or other legal proceeding or demand, whether currently known or unknown, whether anticipated or unanticipated, against Release, in connection with the 5K, and I (and, if applicable, I on behalf of my Child) waive any right I (and, if applicable, my Child) may have to do so.
Indemnification. Without limiting the effectiveness in any way of the release provided in this document, I (and, if applicable, I on behalf of my Child) agree to indemnify, hold harmless and reimburse Releases and their representatives and agents from and for all damages, losses, costs, or expenses (including legal fees) incurred by Releases or paid by them to any person (including me or my insurers (and, if applicable, my Child and my Child's insurers)) in respect of any accident, injury (including death), loss, or property damage, however caused, resulting from, arising out of, or otherwise in connection with my (or, if applicable, my Child's) participation in the 5K.
Medical Treatment and Records. I (and, if applicable, I on behalf of my Child) acknowledge and agree that medical or other services rendered to me (or, if applicable, my Child) by or at the insistence or recommendation of any of the Releases is not an admission of liability or obligation to provide such services or an agreement to continue to provide any such services, and is not a waiver by any Release of any rights. I (and, if applicable, I on behalf of my Child) consent to emergency medical treatment and transportation as medical professionals may deem appropriate in the event I (or, if applicable, my Child) suffers an injury arising out of participation in the 5K. This Waiver and Release extends to any liability arising out of or in any way connected with the medical treatment or transportation provided in the event of such injury. I (and, if applicable, I on behalf of my Child) further acknowledge that if I am (or, if applicable, my Child is) injured I am responsible for my (or, if applicable, my Child's) medical expenses.
The Rules of the 5K. I (and, if applicable, I on behalf of my Child) agree I (or, if applicable, my Child) will abide by the rules of the 5K, including those established by Jones Gardens (including, without limitation, that I (or, if applicable, my Child) will run or walk along the assigned route and refrain from wearing headphones. I (and, if applicable, I on behalf of my Child) agree I (or, if applicable, my Child) will obey the directions of the Jones Gardens usher marshals and Staunton PD Officers and other officials. I (and, if applicable, I on behalf of my Child) agree I (or, if applicable, my Child) will wear the official runner ID kit. I agree that, to the fullest extent permitted by applicable law, the payment submitted in connection with my (or, if applicable, my Child's) application for participation in the 5K is not refundable, deferrable, or transferable under any circumstances, including cancellation of the 5K. Jones Gardens reserves the right to reject any entry and to disqualify and bar or remove any individual from the 5K. Reasons for this include but are not limited to: a violation of the rules of the 5K, unsafe conduct, abusive behavior, non-payment of the 5K fees, participating without an official runner bib, participating with an official runner bib assigned to another person, transferring or attempting to transfer an official runner bib to obtain such items from another person, and providing false information on the 5K entry form(s) or to the 5K at any time including during the registration process. I acknowledge (and, if applicable, I on behalf of my Child), acknowledge that individuals disqualified from the 5K may be barred from future 5K's and other Jones Gardens events.
Changes and Cancellations. I (and, if applicable, I on behalf of my Child) hereby agree that changes in weather, in government recommendations or directives, in other conditions involving the 5K may cause Jones Gardens to cancel, suspend, postpone or terminate the 5K, and acknowledge that Jones Gardens will have no liability to me (or, if applicable, my Child) in the event of any cancellation, suspension, postponement or termination of the 5K.
Intellectual Property Rights. I (and, if applicable, I on behalf of my Child) hereby irrevocably grant full permission to Jones Gardens and all other sponsoring or participating entities, and each of their affiliates and subsidiaries (collectively, "Authorized Users") to use photographs, videotapes, motion pictures, sound recordings or any other recordings of this 5K, that include my (or, if applicable, my Child's) name, likeness and/or voice, for legal promotional activity or any other legitimate purpose, in each case without compensation to me (and, if applicable, my Child), and I (and, if applicable, I on behalf of my Child) further irrevocably grant the Authorized Users full permission to perpetually use, edit, reproduce, transmit, distribute, publish, display and/or perform, in whole or in part and without the need for paying a royalty or other compensation, any of those photographs, videotapes, motion pictures, sound or any other recordings of the 5K that include my (or, if applicable, my Child's) name, likeness, voice, statements and general biographical information (e.g., residence city and state or province) (collectively, "Authorized Materials"), singularly or in conjunction with other photographs, videotapes, motion pictures, sound recordings or other recordings (whether from the 5K or otherwise), for advertising, publicity, commercial or any other business purposes without limitation as to time, territory or medium. I (and, if applicable, I on behalf of my Child) hereby waive all rights to review or approve the use of the Authorized Material and I (and, if applicable, I on behalf of my Child) hereby release the Authorized Users from any and all claims and demands arising out of their use of the Authorized Materials, including claims for defamation, violation of rights of privacy or publicity, intrusion, false light, public disclosure of private facts, physical or emotional injury or distress, or any similar claim or cause of action, in tort, contract or otherwise, now or hereafter known in any jurisdiction throughout the world. I (and, if applicable, I on behalf of my Child) represent and warrant that the rights granted to and use of the Authorized Materials as contemplated hereunder do not, and will not, violate any right of, or conflict with or breach any contract with, any person or entity.
Severability. Should any portion of this Waiver and Release be judicially determined invalid, voidable, or unenforceable for any reason, such portion shall be severable from the remaining portions, and such invalidity, voidability or unenforceability shall not affect the validity, effect, enforceability, or the interpretation of the remaining provisions of this Waiver and Release.
Consent and Release of Participant (or, if applicable, Parent or Legal Guardian). I (and, if applicable, I on behalf of my Child) consent to this Waiver and Release and agree that its terms shall bind me (and, if applicable, my Child and any other parent or legal guardian of my Child) and my (and, if applicable, my Child's and any other parent or legal guardian of my Child's) heirs, executors, administrators, legal representatives, and assignees. I (and, if applicable, I on behalf of my Child) acknowledge that this is an important legal document in which I (and, if applicable, I on behalf of my Child and any other parent or legal guardian of my Child) give up legal rights and remedies I (and, if applicable, my Child and any other parent or legal guardian of my Child) would otherwise have and this document applies to all activities at the 5K, regardless of whether specifically listed above or not. I hereby state that I am authorized to make this decision (and, if applicable, make this decision on behalf of my Child and any other parent or legal guardian of my Child).
I (and, if applicable, I on behalf of my Child) hereby warrant that I (and, if applicable, I on behalf of my Child) have read and understand this Waiver and Release carefully, completely understand its terms and conditions, acknowledge that I (and, if applicable, I on behalf of my Child) intend for my signature to serve as confirmation of my (and, if applicable, my Child's) complete and unconditional acceptance of these terms, conditions and provisions. I warrant that I am at least eighteen (18) years of age or older if I am signing on behalf of myself.
Acknowledgement, Waiver, Release, Indemnification, and Agreement
(For ease of reference, everything from this point through my signature is referred to as the "Waiver and Release". The child whose name is set forth at the end of this Waiver and Release below, if any, is referred to as my "Child".)
In consideration of the acceptance of my (or, if applicable, my Child's) application for participation in the "Nourishing Strides" 5K (together with all events, running/walking, programs, transportation, preparation and follow-up activities before, during and after and in connection therewith, the "5K") by Jones Gardens. ("Jones Gardens"), I, the undersigned, agree to the following (and, if applicable, agree to the following on behalf of my Child):
Acknowledgment and Assumption of Risks Involved in Participation. I (and, if applicable, I on behalf of my Child) acknowledge that the 5K contains risks, including but not limited to the risks of falling, collision with other runners, walkers, motor vehicles, pedestrians or stationary or moving objects, surface hazards, including any part of the terrain, the conditions of the road or practice surface, equipment failure, inadequate or misused safety equipment, weather conditions, my (or, if applicable, my Child's) negligence and the negligence of others. My (or, if applicable, my Child's) participation is voluntary and done at my (or, if applicable, my Child's) own risk. I (and, if applicable, I on behalf of my Child) voluntarily assume all risks of loss, damage, death, or injury that may be sustained by me (or, if applicable, my Child) while participating in the 5K or directly related to or incidental to the 5K and any activity associated therewith.
I (and, if applicable, I on behalf of my Child) attest that I am (and, if applicable, my Child is) sufficiently trained for participation and completion of the 5K and in excellent health with no mental, physical, or medical conditions which would impair, prevent, or prohibit me from safely participating in the 5K. I (and, if applicable, I on behalf of my Child) recognize that an event of this nature can be physically demanding. I (and, if applicable, I on behalf of my Child) acknowledge Jones Gardens' recommendation that I (or, if applicable, my Child) consult with a physician regarding the advisability of participation in this activity. I (and, if applicable, I on behalf of my Child) agree to not be under the influence of alcohol or any illicit or prescription drugs which would in any way impair ability to participate in the 5K. I (and, if applicable, I on behalf of my Child) acknowledge that serious accidents can occur during the 5K, and that participants in this 5K may sustain serious injury as a consequence thereof. I (and, if applicable, I on behalf of my Child) acknowledge that situations may arise during the 5K which may be beyond the immediate control of the 5K organizers. Nevertheless, I (and, if applicable, I on behalf of my Child) agree to assume these risks.
Infectious Diseases, including COVID-19. I (and, if applicable, I on behalf of my Child) acknowledge that:
(a) participation includes the possible exposure to and illness from infectious and/or communicable diseases including but not limited to MRSA, influenza, and 2019-nCoV caused by the novel coronavirus SARS-CoV-2 ("COVID-19") (all of which together will be referred to here as the "Infectious Diseases"); (b) participation increases my (or, if applicable, my Child's) risk of exposure to and illness from Infectious Diseases, and that the risk of Infectious Diseases may be increased by my own negligence and/or the negligence of others (including other participants of the 5K and the Releases); (c) if I (or, if applicable, my Child) become infected I (or, if applicable, my Child) may pass the disease on to others who could get sick and die; (d) if I (or, if applicable, my Child) become infected I (or, if applicable, my Child) may need to quarantine, shelter in place, miss work, school, or other activities, and that if I (or, if applicable, my Child) have come into contact with others, they may need to do so as well; (e) medical and governmental authorities do not all agree on the best ways to prevent or treat COVID-19 or other Infectious Diseases, and I (and, if applicable, I on behalf of my Child) agree to take responsibility for making decisions about the best prevention and treatment for myself (or, if applicable, my Child), provided that these are at least as rigorous as those required or recommended by all applicable state, city, and federal governmental authorities, or as required by Jones Gardens; (f) the circumstances regarding Infectious Diseases are changing from day to day, and that it is my (or, if applicable, my Child's) responsibility (and not that of Jones Gardens or any Release) to inform myself of the latest news, risk, and local, state and federal guidelines (including those promulgated by the Commonwealth of Virginia (https://www.cdc.gov/nchs/pressroom/states/virginia/va.htm) and Centers for Disease Control and Prevention ("CDC") (see https://www.cdc.gov/coronavirus/2019-ncov/index.html); and (g) even following the rules and guidelines will not necessarily protect me (or, if applicable, my Child) from being exposed or becoming sick.
Release and Waiver. I (and, if applicable, I on behalf of my Child) hereby unconditionally RELEASE, WAIVE and AGREE NOT TO SUE Jones Gardens, the City of Staunton, The Virginia Department of Transportation, the City of Staunton Police Department, and all sponsoring or participating entities, governmental agencies, businesses and organizations, and their respective subsidiaries, affiliates, parent companies, and all past, present and future directors, trustees, officers, employees, agents, volunteers, contractors and representatives of the foregoing (collectively, "Releases", and each individually, "Release"), from all liability and all claims of any kind - including but not limited to for damages, death, personal injury or loss of property - resulting from, arising out of, or connected in any way with, in whole or in part, my (or, if applicable, my Child's) participation in the 5K, WHETHER CAUSED BY NEGLIGENCE OF THE RELEASEES OR OTHERS, to the maximum extent permitted by law. In addition, I (and, if applicable, I on behalf of my Child) waive my (and, if applicable, my Child's) insurers' right to make a claim against Release based on payments by insurers to me (and, if applicable, my Child and/or on my Child's behalf) for any reason. I (and, if applicable, I on behalf of my Child) acknowledge this means my insurers have no rights of subrogation against the Releases. I (and, if applicable, I on behalf of my Child) agree to not initiate, participate in or assist anyone in connection with, any claim, lawsuit, court action or other legal proceeding or demand, whether currently known or unknown, whether anticipated or unanticipated, against Release, in connection with the 5K, and I (and, if applicable, I on behalf of my Child) waive any right I (and, if applicable, my Child) may have to do so.
Indemnification. Without limiting the effectiveness in any way of the release provided in this document, I (and, if applicable, I on behalf of my Child) agree to indemnify, hold harmless and reimburse Releases and their representatives and agents from and for all damages, losses, costs, or expenses (including legal fees) incurred by Releases or paid by them to any person (including me or my insurers (and, if applicable, my Child and my Child's insurers)) in respect of any accident, injury (including death), loss, or property damage, however caused, resulting from, arising out of, or otherwise in connection with my (or, if applicable, my Child's) participation in the 5K.
Medical Treatment and Records. I (and, if applicable, I on behalf of my Child) acknowledge and agree that medical or other services rendered to me (or, if applicable, my Child) by or at the insistence or recommendation of any of the Releases is not an admission of liability or obligation to provide such services or an agreement to continue to provide any such services, and is not a waiver by any Release of any rights. I (and, if applicable, I on behalf of my Child) consent to emergency medical treatment and transportation as medical professionals may deem appropriate in the event I (or, if applicable, my Child) suffers an injury arising out of participation in the 5K. This Waiver and Release extends to any liability arising out of or in any way connected with the medical treatment or transportation provided in the event of such injury. I (and, if applicable, I on behalf of my Child) further acknowledge that if I am (or, if applicable, my Child is) injured I am responsible for my (or, if applicable, my Child's) medical expenses.
The Rules of the 5K. I (and, if applicable, I on behalf of my Child) agree I (or, if applicable, my Child) will abide by the rules of the 5K, including those established by Jones Gardens (including, without limitation, that I (or, if applicable, my Child) will run or walk along the assigned route and refrain from wearing headphones. I (and, if applicable, I on behalf of my Child) agree I (or, if applicable, my Child) will obey the directions of the Jones Gardens usher marshals and Staunton PD Officers and other officials. I (and, if applicable, I on behalf of my Child) agree I (or, if applicable, my Child) will wear the official runner ID kit. I agree that, to the fullest extent permitted by applicable law, the payment submitted in connection with my (or, if applicable, my Child's) application for participation in the 5K is not refundable, deferrable, or transferable under any circumstances, including cancellation of the 5K. Jones Gardens reserves the right to reject any entry and to disqualify and bar or remove any individual from the 5K. Reasons for this include but are not limited to: a violation of the rules of the 5K, unsafe conduct, abusive behavior, non-payment of the 5K fees, participating without an official runner bib, participating with an official runner bib assigned to another person, transferring or attempting to transfer an official runner bib to obtain such items from another person, and providing false information on the 5K entry form(s) or to the 5K at any time including during the registration process. I acknowledge (and, if applicable, I on behalf of my Child), acknowledge that individuals disqualified from the 5K may be barred from future 5K's and other Jones Gardens events.
Changes and Cancellations. I (and, if applicable, I on behalf of my Child) hereby agree that changes in weather, in government recommendations or directives, in other conditions involving the 5K may cause Jones Gardens to cancel, suspend, postpone or terminate the 5K, and acknowledge that Jones Gardens will have no liability to me (or, if applicable, my Child) in the event of any cancellation, suspension, postponement or termination of the 5K.
Intellectual Property Rights. I (and, if applicable, I on behalf of my Child) hereby irrevocably grant full permission to Jones Gardens and all other sponsoring or participating entities, and each of their affiliates and subsidiaries (collectively, "Authorized Users") to use photographs, videotapes, motion pictures, sound recordings or any other recordings of this 5K, that include my (or, if applicable, my Child's) name, likeness and/or voice, for legal promotional activity or any other legitimate purpose, in each case without compensation to me (and, if applicable, my Child), and I (and, if applicable, I on behalf of my Child) further irrevocably grant the Authorized Users full permission to perpetually use, edit, reproduce, transmit, distribute, publish, display and/or perform, in whole or in part and without the need for paying a royalty or other compensation, any of those photographs, videotapes, motion pictures, sound or any other recordings of the 5K that include my (or, if applicable, my Child's) name, likeness, voice, statements and general biographical information (e.g., residence city and state or province) (collectively, "Authorized Materials"), singularly or in conjunction with other photographs, videotapes, motion pictures, sound recordings or other recordings (whether from the 5K or otherwise), for advertising, publicity, commercial or any other business purposes without limitation as to time, territory or medium. I (and, if applicable, I on behalf of my Child) hereby waive all rights to review or approve the use of the Authorized Material and I (and, if applicable, I on behalf of my Child) hereby release the Authorized Users from any and all claims and demands arising out of their use of the Authorized Materials, including claims for defamation, violation of rights of privacy or publicity, intrusion, false light, public disclosure of private facts, physical or emotional injury or distress, or any similar claim or cause of action, in tort, contract or otherwise, now or hereafter known in any jurisdiction throughout the world. I (and, if applicable, I on behalf of my Child) represent and warrant that the rights granted to and use of the Authorized Materials as contemplated hereunder do not, and will not, violate any right of, or conflict with or breach any contract with, any person or entity.
Severability. Should any portion of this Waiver and Release be judicially determined invalid, voidable, or unenforceable for any reason, such portion shall be severable from the remaining portions, and such invalidity, voidability or unenforceability shall not affect the validity, effect, enforceability, or the interpretation of the remaining provisions of this Waiver and Release.
Consent and Release of Participant (or, if applicable, Parent or Legal Guardian). I (and, if applicable, I on behalf of my Child) consent to this Waiver and Release and agree that its terms shall bind me (and, if applicable, my Child and any other parent or legal guardian of my Child) and my (and, if applicable, my Child's and any other parent or legal guardian of my Child's) heirs, executors, administrators, legal representatives, and assignees. I (and, if applicable, I on behalf of my Child) acknowledge that this is an important legal document in which I (and, if applicable, I on behalf of my Child and any other parent or legal guardian of my Child) give up legal rights and remedies I (and, if applicable, my Child and any other parent or legal guardian of my Child) would otherwise have and this document applies to all activities at the 5K, regardless of whether specifically listed above or not. I hereby state that I am authorized to make this decision (and, if applicable, make this decision on behalf of my Child and any other parent or legal guardian of my Child).
I (and, if applicable, I on behalf of my Child) hereby warrant that I (and, if applicable, I on behalf of my Child) have read and understand this Waiver and Release carefully, completely understand its terms and conditions, acknowledge that I (and, if applicable, I on behalf of my Child) intend for my signature to serve as confirmation of my (and, if applicable, my Child's) complete and unconditional acceptance of these terms, conditions and provisions. I warrant that I am at least eighteen (18) years of age or older if I am signing on behalf of myself.