Waiver
Waiver of Liability, Assumption of Risk and Indemnity Agreement
In consideration of being permitted to participate in Prospect Park Track Club's Trail Training Group training program, I, the undersigned, for myself, my heirs, personal representatives and assigns, do hereby release, waive, covenant not to sue and discharge PPTC and Adam Devine from liability from any and all claims including the negligence of the Coach resulting in personal injury, accidents or illness (including death), and property loss arising from distance running programs developed by the Coach.
ASSUMPTION OF RISK
Participation in running and conditioning programs carries with it inherent risks that cannot be eliminated regardless of the care take to avoid injuries. I know that running is a potentially hazardous activity and certify that I am in good health and physically fit enough to enter into a training program. I acknowledge that I am aware of the many risks involved in athletic training in general and running training specifically, which risks include by way of example and not limitation: 1) minor injuries such as scrapes, bruises, sprains and strains, 2) more serious injuries such as joint, muscle and bone injuries, concussions, and other head injuries, heat related injuries such as heat stroke and heat exhaustion, dehydration and over hydration conditions such as hyponatremia, and catastrophic injuries and conditions such as heart attacks and other conditions and injuries which could be fatal. I have read the previous paragraphs and I know, understand, and appreciate these and other risks that are inherent in training for and participating in road, trail, and track running and racing and any conditioning and cross training activities associated with that training. I hereby assert that my participation is voluntary and that I knowingly assume all such risks.
INDEMNIFICATION AND HOLD HARMLESS
I also agree to INDEMNIFY AND HOLD HARMLESS Coach Adam Devine from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees brought as a result of my involvement in his training programs.
SEVERABILITY
The undersigned further expressly agrees that the foregoing waiver and assumptions of risks agreement is intended to be as broad and inclusive as is permitted by the law of the State of New York and that if any portion thereof is invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
ACKNOWLEDGEMENT OF UNDERSTANDING
I have read this waiver of liability, assumption of risk, and indemnity agreement consisting of this page, fully understand its terms, and I understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am submitting this form agreement freely and voluntarily, and intend by my completion and submission to be a complete and unconditional release of all liability to the greatest extent allowed by law.