ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
WAIVER: In consideration for being allowed to participate in the Joy Snyder Coby Memorial Foundation’s Run For Joy 5k, I, for myself, and for my heirs, family, personal representatives and/or assigns (collectively the, “Releasors”), do hereby release, waive, discharge and agree not-to-sue the Joy Snyder Coby Memorial Foundation, and all of their respective sponsors, partners, officers, directors, employees, agents, affiliates, and all volunteers, collectively representing the “Released Parties”, from all present and future claims for property damage, personal injury, or wrongful death arising as a result of my participation in the Event. I understand and agree that the Released Parties are not responsible for any injury or property damage arising out of the Event, even if caused by Released Parties negligence.

ASSUMPTION OF RISK: I understand that my participation in the Event involves certain risks, including, but not limited to, serious injury and death. I understand that I am voluntarily participating in the Event with knowledge of the danger involved and agree to accept all risks of participation. I represent that I understand the nature of the Event and that I am qualified, in good health, and in proper physical condition to participate in such Event. I acknowledge that if I believe event conditions are unsafe, I will immediately discontinue my participation in the Event.

MEDICAL AUTHORIZATION: I consent to administration of first aid and other medical treatment in the event of my injury or illness.

INDEMNIFICATION: I also agree on behalf of the Releasors to indemnify and hold harmless the Released Parties from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorneys’ fees brought as a result of my participation in the Event and all related activities.

SEVERABILITY: I understand that this document is intended to be as broad and as inclusive as permitted by the laws of the state in which the Event is taking place and agree that if any portion of this Agreement is invalid, the remainder will continue in full legal force and effect. I further agree that any legal proceedings related to this waiver will take place in Hardy County, WV.

USE OF NAME AND LIKENESS: I hereby expressly grant the Released Parties, their affiliated and subsidiary companies, any third party it authorizes, and to its and their respective employees, agents and assigns, the right to film and/or photograph me at the Event and/or make recordings of the my voice, and the right to use pictures, silhouettes and other reproductions of my likeness (as the same may appear in any camera photograph and/or motion picture film) and/or recordings of my voice in and/or likeness in connection with the Released Parties, its related, affiliated and/or subsidiary companies. I agree that my email address may be used to subscribe to The Joy Snyder Coby Memorial Foundation updates and related events. To unsubscribe I will email the Foundation for removal from the subscription list.

ADULT ACKNOWLEDGEMENT OF UNDERSTANDING: I am of legal age and am freely entering in to the agreement. I have read this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement fully, understand its terms and understand that I am giving up substantial rights, including the right to sue and any other remedies on behalf of the Releasors. I acknowledge that I am entering in to the agreement freely and voluntarily, and I intend my online registration for the Event to be a complete and unconditional release of all liability to the greatest extent allowed by law.

MINOR ACKNOWLEDGEMENT OF UNDERSTANDING: I am the parent or legal guardian of the Participant. I am of legal age and am freely entering in to the agreement on behalf of the Participant. I have read this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement fully, understand its terms and understand that I am giving up substantial rights, including the right to sue and any other remedies on behalf of the Releasors. I acknowledge that I am signing the agreement freely and voluntarily, and I intend my online registration for the Event to be a complete and unconditional release of all liability to the greatest extent allowed by law.