ASSUMPTION OF RISK: I am aware that all activities associated with participating in this ORGANIZED RUN including, but not limited to activities involving aerobic exercise, stretching exercise, running, as well as additional strenuous exercise and/or exertion of strength, sports and other sustained physical activities which place stress on the cardiorespiratory and muscular systems (collectively referred to as “Activity”), and can be hazardous activities that include certain risks and dangers, including but not limited to, catastrophic injuries, including paralysis, other serious injury and death. I VOLUNTARILY ACCEPT FULL RESPONSIBILITY OF ALL RISKS INVOLVED, INCLUDING RISKS FROM PARTICIPATING IN ANY WAY IN THE ACTIVITY occurring at CAPITAL FRINGE AND THE ADVERTISED ROUTE ON WEEKLY DURING 2019.
WAIVER: In consideration of my participation of the Activity & event conducted by the Host I, myself, my heirs, executors, administrators or assigns, do hereby release, waive, discharge and covenant not to sue Trainer and/or its members, managers, officers, directors, agents, and affiliated entities (Hereinafter referred to as “Releasees”) from liability, from any and all claims, including the negligence of Trainer resulting in personal injury, accident or illnesses (Including Death) and property loss arising from, but not limited to, participation in the Activity and use of facilities, premises or equipment at Francis Field Park. I expressly release, hold harmless, discharge and indemnify (Including costs and attorney’s fees) Host and Releasees for any loss, injury or damage (including Death) from any cause, including negligence arising out of any Location, and/ or arising out of the use of my equipment or equipment provided by Trainer.
SEVERABILITY AND JURISDICTION: I further expressly agree that the foregoing provisions in this Agreement are intended to be as broad and inclusive as permitted by the laws of the District of Columbia and if any portion of this Agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. I further acknowledge and agree that this Agreement shall be governed by and shall be construed in accordance with the laws of the District of Columbia. Any claims or legal actions by one party against the other shall be commenced and maintained in the state courts of the District of Columbia and the parties hereby submit to the jurisdiction and venue of any such court in the District of Columbia.
INDEMNIFICATION AND HOLD HARMLESS: I also agree to INDEMNIFY AND HOLD Host and all Releasees harmless of any and all claims, actions, suits, procedures, costs, expenses, duties and liabilities, including attorney’s fees brought as a result of my participation in this activity.
ARBITRATION: Any controversies or disputes arising out of or connected to the enforcement or interpretation of this Agreement shall be decided by final and binding arbitration before a single arbitrator pursuant to the governing rules of the District of Columbia. The arbitrator’s cost and fees shall be paid equally by the parties. The prevailing party in such arbitration shall be entitled to recover all reasonable attorneys’ fees and costs incurred, as awarded by the Arbitrator. The venue for the arbitration shall lie in the District of Columbia unless otherwise agreed by the parties. Any arbitration award may be enforced by judgment entered in the Superior Court of the District of Columbia.
PHOTOGRAPHY RELEASE AGREEMENTI acknowledge that during District Running Collective workouts I may be photographed or filmed by District Running Collective leaders, coaches, and other professional or amateur photographers. I hereby grant to District Running Collective, its legal representatives, assignees, and those acting under its authority, the unrestricted right and permission to copyright and/or use, and/or publish photographic portraits or pictures, and the negatives, transparencies, prints, or digital information pertaining to them, in still, single, multiple, moving or video format, or in which I may be included in whole or in part, or composite, or distorted in form, or reproductions thereof, in color or otherwise, "Material" in any media, advertising, or any other lawful purpose.
I hereby relinquish any rights to examine or approve the finished product or products or the advertising copy or printed matter that may be used in connection with an image that District Running Collective has taken of me or my liking, or the use to which it may be applied. I waive any ownership and publication right in connection with the Material, with the exception of the personal use of the Material as part of personal modeling portfolio. I waive my right to sell, license or publish any of the Material that to any person or entity.
I further release District Running Collective, and its founders, leaders, coaches, agents, servants, or employees (“Releasees”) from any claims for remuneration associated with any form of damage, foreseen or unforeseen, associated with the proper commercial or artistic use of these images unless it can be shown that said reproduction was maliciously caused, produced and published for the sole purpose of subjecting me to conspicuous ridicule, scandal, reproach, scorn and indignity.
I waive any and all claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, that may be sustained by me, or any of the property belonging to me, while performing the photography session, or while in, on or upon the premises where the photography session was performed.
ACKNOWLEDGEMENT OF UNDERSTANDING: I have read the Assumption of Risk, Waiver of Liability, provisions in this Agreement and I understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the Agreement freely and voluntarily and intend, by my signature that this document be a complete and unconditional release of liability to the greatest extent of the law. I further certify that I have fully read and understand the terms of this agreement and will comply with the contents herein.