In consideration of permission to participate in activities held or sponsored by SARSEF: Southern Arizona Research, Science and Education Foundation (“SARSEF”), I, on behalf of my participating student, hereby agree to this Release, Waiver of Liability, and Indemnity Agreement (“Agreement”) as follows:Acknowledgements and Understanding I hereby acknowledge, understand and affirm that:
1. My participating student shall not participate in or attend any events or gatherings if my participating student (i) is experiencing symptoms of COVID-19, including without limitation fever, cough or shortness of breath; (ii) has a suspected or diagnosed case of COVID-19, or (iii) has been exposed to or associated with any person suspected of having or who has been diagnosed with a case of COVID-19.
2. To the fullest extent allowed by law, my participating student shall comply with all of the following, as in effect or amended from time to time: (i) federal, state, and local laws, rules, and regulations; (ii) federal, state, and local orders of any nature, including executive and/or emergency orders; and (iii) protocols established by the Centers for Disease Control and Prevention, the Arizona Department of Health Services or the local county health department or similar government agency, which are in any way related to COVID-19 or any other communicable diseases.
3. SARSEF has the right to implement any federal, state, or local guidance for protecting against COVID-19 and other communicable diseases.  If and when implemented by SARSEF, my participating student shall comply with such guidelines.  However, it is the responsibility of my participating student, regardless of any SARSEF policy, to comply with all applicable federal, state, and local laws.  If I and/or my participating student disagrees with any SARSEF policy, we have the right to opt-out of and cease participation in any activity at any time.
4. There are both known and unknown risks associated with and related to COVID-19 and other communicable diseases, that participation in SARSEF’s activities may result in exposure to COVID-19 and other communicable diseases, which could result in quarantine, serious illness, disability and/or death, and that such risks are explicitly assumed by participating in SARSEF’s activities.
5. Participation in activities held or sponsored by SARSEF is entirely voluntary and that my participating student may cease participating at any time.Release, Waiver and Discharge of Liability and ClaimsI hereby release, waive and forever discharge any and all liability, claims and demands of whatever kind or nature against SARSEF and SARSEF’s directors, officers, employees, volunteers and agents (the “Released Parties”), either in law or equity, to the fullest extent permissibly by law, including but not limited to damages or losses caused by the negligence, fault or conduct of any kind on the part of the Released Parties, including but not limited to death, bodily injury, illness, economic loss or out of pocket expenses, or loss or damage to property, which I or my participating student, our respective heirs, successors, assigns, legally appointed fiduciaries or personal representatives have or may have in the future, that that arise out of or are related to COVID-19 and other communicable diseases and participating in one or more activities held or sponsored by SARSEF.IndemnityI agree to indemnify and hold harmless SARSEF from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees brought as a result COVID-19 and other communicable diseases and participating in any activity held or sponsored by SARSEF, and I agree to reimburse SARSEF for any such expenses incurred. I understand and agree that this Agreement is intended to be as broad and inclusive as is permitted by the law of the State of Arizona and that if any portion of this Agreement is held void or unenforceable, then the remaining portions of this Agreement shall remain in full force and effect.I acknowledge and agree that I am the parent or legal guardian of my participating student, and that I have the legal authority to agree to this Agreement for and on behalf of my participating student.    

(collectively “Release and Waiver”)

For good and sufficient consideration, the adequacy of which is acknowledged, I knowingly, intentionally and voluntarily agree to the following terms and conditions of SARSEF permitting me (the "Participant") to participate in the SARSEF Racing in the Sun ("the Event"):

1. Assumption of Risk. I HEREBY ASSUME ALL RISKS OF PARTICIPATING IN THIS EVENT, including without limitation any risks that may arise from negligence, carelessness or strict liability on the part of or attributed to SARSEF and its respective agents, employees, officers, directors, representatives, successors and assigns, and from any dangerous or defective equipment or property owned, maintained, purchased, distributed or controlled by, SARSEF.

2. Release from Liability. I WAIVE, RELEASE, AND DISCHARGE, AND AGREE NOT TO SUE, SARSEF from all liabilities, claims, demands, rights, obligations, suits and causes of actions, including without limitation those for my death, disability, personal injury, property damage, or property theft, arising from or associated with this event, including without limitation liability arising from their negligence or fault.

3. Indemnity and Hold Harmless. I INDEMNIFY AND HOLD HARMLESS SARSEF from any and all claims, demands, rights, obligations, suits and causes of actions arising from or made as a result of my participation in this event.

4. No Responsibility or Liability for Other’s Acts. I acknowledge that the SARSEF is NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific event or activity on behalf of SARSEF.


5. Compliance with Event Rules. I understand that participation in the Event is entirely voluntary and requires participants to abide by applicable rules and standards of conduct. I agree to abide by all rules established for the Event and by SARSEF.

6. Acknowledgment of Risks; Certification of Physical Fitness. 1.

     6.1. I acknowledge that this activity or event may involve physical activity, may involve a test of my physical and mental limits, and may carry with it the potential for death, serious injury, and property loss. The risks may include, without limitation, those caused by terrain, facilities, temperature, weather, heat, lack of hydration, equipment, vehicular traffic, condition of participants, and actions of other people, including, without limitation, participants, volunteers, spectators, coaches, event officials, event monitors, or event producers. 2.

     6.2. I certify that I am physically fit, have sufficiently prepared or trained for participation in this event, and have not been advised by a qualified medical professional not to participate. I certify that there are no health-related reasons or problems that preclude my participation in this event.

7. Consent to Medical Treatment. I consent to receive medical treatment that SARSEF, or the Sponsoring School's, discretion may be deemed advisable in the event of injury, accident, or illness during this event, including hospitalization, anesthesia, surgery, or injections of medication. Medical providers are authorized to disclose to the representative of SARSEF or the Sponsoring School examination findings, test results and treatment provided for purposes of medical evaluation of the participant, follow-up and communication with the participant or the participant’s parents or guardian, or determination of the participant’s ability to continue in the Event activities. I assume the responsibility of all medical bills, if any.

8. Interpretation. This Release and Waiver will be construed broadly to provide a release and waiver to the maximum extent permitted under applicable law.

9. Binding Effect. I acknowledge that this Release and Waiver governs my actions and responsibilities at this event. I acknowledge that this Release and Waiver will be used by SARSEF or the event holders, sponsors, or organizers for their benefit to the maximum extent permitted by law. I acknowledge, intend and agree that this Release and Waiver binds and inures to the benefit of me, my executors, administrators, heirs, next of kin, successors, and assigns.


Waiver and Release
I AM AWARE THAT THIS IS A WAIVER AND RELEASE OF LIABILITY AND A LEGALLY BINDING CONTRACT. I CERTIFY THAT I HAVE READ THIS DOCUMENT, THAT I FULLY UNDERSTAND ITS CONTENTS, AND THAT I SIGN IT OF MY OWN FREE WILL.

PARENT / GUARDIAN WAIVER FOR MINORS (persons under 18 years old):The undersigned parent or guardian represents that he/she is, in fact, acting in that capacity; that he/she consents to his/her child or ward’s participation in this event; and that he/she agrees to be bound, individually and on behalf of the child or ward, to the terms of this Release and Waiver as stated above. The undersigned parent or guardian further agrees to hold harmless and indemnify all parties referenced above from all liability, loss, cost, claim, or damage whatsoever that may arise from or be associated with her or his, or her/his child or ward’s, participation in this event.

IMAGE PHOTO RELEASE  

I grant permission to SARSEF and its agents or employees, to use photographs or images taken of me on the date and at the location listed below (the “images”) for publication in publications such as recruiting brochures, promotional, newsletters, and magazines, and to user the images on display boards, websites, videos and to odder them for publications in other newspapers, magazines and websites, without notifying me.

I further agree that SARSEF may license to use the image or any excerpts, and my name and likeness used in or identifying the image and in any related or derivative versions of the images in all media throughout the universe.

I agree to waive and release any and all claims against SARSEF and its contractors and licensees relating to my name, my likeness, the images and their uses and or distribution in any version or media throughout the universe, including without limitation, any rights and claims relating to royalties or compensation, editing, alteration, copyright, distribution, misappropriation, libel, false light, rights of privacy and/or publicity.

Location of image: All events related to Racing The Sun