RELEASE OF LIABILITY
NO REFUNDS will be given! The event will take place rain or shine.
Participant’s acknowledgement and assumption of risk and full release from liability of Martha’s Village & Kitchen, Inc., the City of Palm Desert and any and all sponsors and each of their respective representatives, racers, directors, shareholders, customers, invitees, managers, members, agents, volunteers and employees (“Agency”):
Participant (“participant” or “you”) agrees to assume all risk and responsibility arising from participation in the Martha’s Village & Kitchen Thanksgiving Day 5K (the “physical activities”). Participant affirms that participant is in good physical condition and does not suffer from any disability that would prevent or limit participation in the physical activities. Participant acknowledges participation will be physically and mentally challenging, and participant agrees that it is the responsibility of participant to seek competent medical advice regarding any concerns or questions concerning the ability of participant to take part in physical activities. By signing this agreement, participant affirms that he or she is capable of participating in the physical activities. Participant agrees to assume all risk and responsibilities for exceeding his or her physical limits. Participant understands that risk of injury includes, but is not limited to, injuries arising from or relating to the use by you or your dependent(s) or others of equipment, bathrooms and other wet areas and other facilities; injuries arising from or relating to participation by you or others in supervised and unsupervised activities or programs, such as heart attack, stroke, death, heat stress, sprains, strains, broken bones, and torn muscles, tendons, and ligaments among others, and accidental injuries occurring anywhere, including but not limited to the race course, and surrounding areas, driveways, sidewalks, dirt areas, public street, stairs, bathrooms, or activities associated with or related to your participation with the event which are carried on anywhere or while you are traveling to or from the event. Accidental injuries include those caused by you, those caused by other persons and those of a slip and fall nature. If you have any special exercise requirements or limitations, you agree to disclose them to the Agency before participation in the event. You hereby agree that your participation is undertaken by you at your sole risk. By your execution hereof you hereby waive all claims which you or any dependent may have hereafter against Agency, and do hereby release Agency on your behalf and on behalf of any dependents and agree to defend and to hold Agency absolutely harmless from all claims, demands, injuries, damages, actions, suits, attorney fees or causes of action to persons or property arising out of or in any way connected with you or your dependent’s participation in the event, including those arising out of any active or passive negligent act or omission of the Agency. You do hereby further agree on behalf of yourself and any dependents to assume full responsibility for all risks of bodily injury, death or property damage due to the negligent act or omission of the Agency. For the purposes of this section, all references to “you” and “your” shall be deemed to include you, your spouse or domestic partner and your dependents. Participant agrees that this release is intended to be as broad as California law permits. Participant agrees to allow Martha’s Village & Kitchen, Inc. and its partner agencies (including but not limited to S.V.D.P. Management, Inc., St. Vincent de Paul Village, Inc. and Toussaint Youth Villages, Inc.) and their contractors, grantors, agencies and sponsors the use of participant’s name and likeness in connection with this event for any purpose related to advertising or promotion of the event worldwide in perpetuity in all forms of media including but not limited to posted results online. I have carefully read this waiver and release and fully understand its contents. I am aware that this is a release of liability and a contract between me and the persons and entities mentioned above and that I accept of my own free will. If the participant is under 18 years of age at the time of registration, the participant’s parent or legal guardian must completely review this waiver and release. The parent or legal guardian understands, accepts and consents to its terms and authorizes the participation of the registrant by his/her acceptance below.
I have read and understand the above statement and hereby agree to the terms set forth therein.
