|By clicking on "I Agree," you agree, warrant and covenant as follows:
|PLEASE REVIEW THIS DOCUMENT CAREFULLY. It includes a release of liability and waiver of legal rights, including the right to sue certain parties. DO NOT agree to this document unless you have read and understood it in its entirety. By agreeing, you acknowledge that you have both read and understood the text presented to you. When you sign below by clicking “I AGREE,” you understand and agree that events like The DRI Walk for Diabetes & Family Fun Day 2017 Presented by Walgreens (the “Event”) carry certain inherent dangers and risks which may or may not be readily foreseeable, including, without limitation, personal injury, property damage or death. Your ability to participate in the Event(s) is/are subject to your agreement to the terms of this release of liability and waiver (the “Release”), and by clicking “I AGREE” below, you accept and agree to the terms of the Release, including the release of liability and waiver of legal rights provisions.
You must complete ONE WAIVER PER PERSON ATTENDING THE EVENT, REGARDLESS OF WHETHER OR NOT THEY ARE PARTICIPATING IN THE WALK AND/OR RUN
I wish to participate in the Event, which is hosted by certain Releasees (as defined below) or Providers (as defined below). Therefore, for good and valuable consideration – including the right to participate in the Event – the receipt of which is hereby acknowledged, I agree as follows:
1. Legal Authority. I hereby represent and warrant that I have the legal authority to agree to the Release, that I FULLY UNDERSTAND AND AGREE to the terms of the Release, and that the Release will apply to me, my heirs, personal representatives, executors, and assigns. I understand that I am signing this release as a condition to and in consideration of my participation in the Event. I hereby represent and warrant that I am at least 18 years of age and of sound mind and body, and I am capable of giving this release on my behalf. I understand that, among other risks, there may be risks of injury or death to person and property while participating in the Event, including, but not limited to, severely strained, torn and pulled muscles; severely strained, torn, pulled and ruptured ligaments and tendons; cartilage damage; broken bones; contusions; injuries to the head, elbow, back, spinal cord, knee, foot and ankle; mental anguish; pain; suffering; paralysis; cerebral or cognitive injury; heart; lung or other internal organ injury; and death. I represent and warrant that I am in good physical condition and that I have no medical condition which prevents me from participating in the Event. I understand that any injury which I may sustain during the Event may reduce or eliminate my ability to participate in other life functions.
2. Assumption of Risk, Release of Liability and Indemnification. I understand that, even with adherence to reasonable safety practices, there exists a risk of injury to those who participate in the Event. I acknowledge that such injuries could be catastrophic, including paralysis death. I further understand that I should NOT participate in the Event unless I am physically and medically able to do so. NEVERTHELESS, I KNOWINGLY AND FREELY ACCEPT AND ASSUME THE RISK ASSOCIATED WITH MY PARTICIPATION IN THE EVENT, AND, ON BEHALF OF MYSELF AND EACH OF MY HEIRS, PERSONAL REPRESENTATIVES, EXECUTORS, AND ASSIGNS, I DO HEREBY AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS MIAMI MARLINS,L.P., MARLINS STADIUM OPERATOR, LLC, MARLINS STADIUM DEVELOPER, LLC, THE CITY OF MIAMI, MIAMI- DADE COUNTY, WALGREENS INC., DIABETES RESEARCH INSTITUTE FOUNDATION, INC., MULTIRACE, LLC AND EACH OF THE FOREGOING’S AFFILIATES, SPONSORS, PARTNERS, MEMBERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AND VOLUNTEERS (HEREINAFTER INDIVIDUALLY AND COLLECTIVELY REFERRED TO AS THE “RELEASEES”)WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, OR DAMAGE TO PERSON, PROPERTY OR REPUTATION RELATING TO MY PARTICIPATION IN THE EVENT AND EVENT-RELATED RELATED ACTIVITIES (INCLUDING REGISTRATION), WHETHER ARISING FROM THE NEGLIGENCE OF ONE OR MORE OF THE RELEASEES OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
3. Treatment. I understand and agree that I will be responsible for my care and treatment in the event I sustain an injury during or as a result of my participation in the Event. I hereby acknowledge and understand that neither Releasees nor any other party at the Event (collectively, “Providers”) has any obligation or duty to provide me with medical treatment in case of injury. Notwithstanding such absence of duty, I hereby give my consent to any Provider to seek, obtain, and provide emergency medical treatment to me in case of injury that occurs while participating in the Event or Event-related activities. This care may be given under whatever conditions are necessary to preserve life, limb, or my well-being. I understand that such treatment will be sought and provided only in an emergency and that, based on the circumstances, reasonable efforts may be made to seek my consent before providing such treatment.
4. Consent to Use of Likeness. I understand that, during the course of or in connection with the Event, photographs, audio, video, and other recordings (the “Depictions”) may be taken of me, and I hereby grant the Releasees and their designees and licensees the right, in any and all manner and media throughout the world and in perpetuity, to disseminate, reproduce, record, exhibit, print and publish the Depictions, which may include my name, likeness, voice and/or biographical material, for any purpose, including, without limitation as news or informative matter and for advertising and publicizing Releasees and their designees.
5. Disclaimer of Warranties. RELEASEES MAKE NO WARRANTY THAT THE EVENT OR EVENT-RELATED SERVICES WILL BE SAFE, SECURE OR ERROR FREE AND EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
6. Applicable Law; Consent to Jurisdiction. I hereby agree that the laws of the State of Florida, without regard to the conflict of laws principles thereof, will apply to any and all disputes or claims relating in any way to the Event or the Release (including registration). I agree that jurisdiction for such disputes and claims relating to the Event or the Release shall lie exclusively in the courts of the Eleventh Judicial Circuit located in Miami-Dade, Florida and I agree and expressly consent to the exercise of personal jurisdiction in such courts. THE FOREGOING NOTWITHSTANDING, ANY DISPUTE WITH THE RELEASEES OR ANY OF ITS AFFILIATES WILL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA WITHOUT REGARD TO THE CONFLICT OF LAWS PRINCIPLES THEREOF, AND I EXPRESSLY CONSENT TO THE EXERCISE OF PERSONAL JURISDICTION IN THE COURTS OF THE STATE OF FLORIDA.
7. Severability. If any provision of the Release shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed to the most limited extent possible and shall not affect the validity or enforceability of any remaining provisions.
I HEREBY AFFIRM THAT I HAVE READ THIS AGREEMENT, AND THAT I FULLY UNDERSTAND ITS TERMS. I FURTHER AFFIRM MY UNDERSTANDING THAT, BY SIGNING THIS AGREEMENT, I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. I ACKNOWLEDGE THAT I AM ASSENTING TO THIS AGREEMENT AND WAIVER FREELY AND VOLUNTARILY, AND THAT BY CLICKING “I AGREE,” I INTEND FOR MYSELF TO BE BOUND BY THIS AGREEMENT TO THE FULLEST EXTENT ALLOWED BY LAW.