RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY, INSURANCE AND PARENTALCONSENT AGREEMENT
IN CONSIDERATION of being permitted to participate in any way in the Lock Haven University Intercollegiate activities including but not limited to camps, clinics, tournaments or as a ball boy or girl I, for myself, my personal representatives, assigns, heirs, and next of kin:
1. ACKNOWLEDGE, agree, and represent that I understand the nature of the Lock Haven University Intercollegiate activities and that I am qualified, in good health, and in proper physical condition to participate in such activity. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the activity.
2. FULLY UNDERSTAND that: (a) Lock Haven University intercollegiate games/activities involve risks and dangers of serious bodily injury, including permanent disability, paralysis, and death ("risks"); (b) these risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the activity, the condition in which the activity takes place, or the negligence of the "releasees" named below; (c) there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time; and I fully accept and assume all such risks and all responsibility for losses, costs, and damages I incur as a result of my participation or that of the minor in the activity; (d) Lock Haven University does not provide activity participants with medical insurance and is not responsible for paying medical deductibles or hospital costs for any participants. Each participant must have his or her own medical insurance plan.
3. HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE LOCK HAVEN UNIVERSITY/THE STATE OF PENNSYLVANNIA, their respective administrators, directors, agents, officers, members, volunteers, and employees, other participants, any sponsors, advertisers, and, if applicable, owners and leasers of premises on which the activity takes place, (each considered one of the "releasees" herein) from all liability, claims, demands, losses, or damages on my account caused or alleged to be caused in whole or in part by the negligence of the "releasees" or otherwise, including negligent rescue operations; and I further agree that if, despite this release and waiver of liability, assumption of risk, and indemnity agreement I, or anyone on my behalf, makes a claim against any of the “releases", I will indemnify, save, and hold harmless each of the releasees from any litigation expenses, attorney fees, loss, liability, damage, or cost which any may incur as the result of such claim. I have read this agreement, fully understand its terms, understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effect.
And I, the minor's parent and/or designated guardian, understand as part of the requirements of this Lock Haven University athletic department activity requires and expects the parent or guardian to remain here with any child under the age of 18 during the duration of this activity. This change is due to the recent legislation enacted by Pennsylvania legislators for the protection of minors. And I, the minors parent and/or guardian, understand the nature of Lock Haven University intercollegiate activities and the minor's experience and capabilities and believe the minor to be qualified, in good health, and in proper physical condition to participate in such activity. I hereby release, discharge, covenant not to sue, and agree to indemnify and save and hold harmless each of the “releasees” from all liability, claims, demands, losses, or damages on the minor's account caused or alleged to be caused in whole or in part by the negligence of the "releasees" or otherwise, including negligent rescue operations and further agree that if, despite this release, I, the minor, or anyone on the minor's behalf makes a claim against any of the “releasees” named above, I will indemnify, save, and hold harmless each of the “releasees” from any litigation expenses, attorney fees, loss liability, damage, or cost any may incur as the result of any such claim.
WAIVER: I, the undersigned participant (and my parent or guardian if I am younger than 18 years of age), intending to be legally bound, do hereby forever release and waive any and all rights, claims, and actions for damages that we, our heirs, executors, administrators, and assigns may have, or that may hereafter accrue against any and all persons, organizations, and other entities associated with the event, including, but not limited to Race Entry, 5Kevents.org, USA Track and Field, sponsors, affiliates, volunteers, LHU Turkey Trot, and individual LHU Turkey Trot organizers, arising out of or in connection with my involvement before, during, or after the event.
I verify that I am physically fit and sufficiently trained to participate in this event and I assume the risks involved in this activity. I further attest that I will be mindful of traffic along the race course, and hold said sponsors and organizers blameless in any harm that may happen.
I also acknowledge understanding that the charge to my card will show up as Race Entry. I acknowledge that the online processing fees and charitable donations are non-refundable. I also acknowledge that any charitable donations will have 4.97% withheld from the donation to pay credit card and administrative costs.
Race Entry and its partner 5Kevents.org shall not be liable to you for any direct, indirect, special, incidental, consequential or exemplary damages including, but not limited to, loss of profits, goodwill, use, data or other intangible loses. Race Entry and its partner 5Kevents.org does not guarantee the completeness or accuracy of any information contained in, or provided in conjunction with the http://www.raceentry.com website. Race Entry and its partner 5Kevents.org is not responsible for any omissions or inaccuracies, or for the results obtained from this information.
Race Entry and its partner 5Kevents.org facilitates registration for various events, some of which allow participants under the age of thirteen (13). We require a submission of birth date for all registration entries. For children under the age of thirteen (13), parental or guardian consent is required.
You agree that the statutes and laws of the State of Utah, USA, will apply to all matters relating to this Agreement and Waiver. You irrevocably consent that exclusive jurisdiction for any dispute with Race Entry and its partner 5Kevents.org relating to this Agreement and Waiver resides in the courts of Utah, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Utah in conjunction with any such dispute including any claim involving Race Entry and its partner 5Kevents.org.