Acknowledge Waiver Terms: MIAMI RUN CLUB LLC & MIAMI RUNNER HEADQUARTERS LLC & Dr. Emmanuel Pinillos & all others affiliated. WAIVER, RELEASE OF LIABILITY, AND ASSUMPTION OF RISK AGREEMENT
IMPORTANT LEGAL NOTICE:
This is a binding legal document. By signing or electronically accepting this agreement,
you (the “Participant”) are waiving your right to bring legal action against Miami
Run Club LLC, Miami Runner Headquarters LLC, Dr. Emmanuel Pinillos, pace leaders,
Miami World Center Holdings LLC, Horizon Block C LLC, Miami A/I Parcel 3 Subsidiary
LLC, BI 109 LLC, Miami Worldcenter Holdings LLC, Miami A/I Commercial Association
Holdings LLC, Miami A/I LLC, MWC Retail CD West LLC, MWC Retail H LLC, MWC
Retail F East LLC, MWC Retail F West LLC, MWC Retail LLC, MWC Garage Holdings
LLC, MWC Garage H LLC, MWC Garage LLC, CIM Group LLC, CIM Group LP, PMV
Group 1 Holdings LLC, 701 N Miami (FL) LLC and their respective directors, officers,
employees, independent contractors, volunteers, sponsors, agents, pace leaders,
business partners, and affiliates (collectively, the “Released Parties”). If you do not
understand this document, consult with legal counsel before signing.
1. PARTICIPANT UNDERSTANDING AND VOLUNTARY ASSUMPTION OF RISKI, the undersigned Participant, acknowledge that I am voluntarily participating in one or more physical activities, including but not limited to community runs, workouts, mobility classes, fitness challenges, social events, and/or wellness activations (collectively, the Events") organized, hosted, or affiliated with Miami Run Club LLC, Miami Runner Headquarters LLC, Dr. Emmanuel Pinillos, and their respective directors, officers, employees, independent contractors, volunteers, sponsors, agents, pace leaders, business partners, and affiliates (collectively, the “Released Parties”).
I expressly acknowledge and agree that:
My participation in the Events is entirely voluntary, at my own risk, and not required or mandated by any party;
I am in good physical health and have either been cleared by a licensed physician to participate in physical activity or knowingly assume the risks involved without such clearance;
I am aware that running and physical activity carry inherent risks, including but not limited to falls, collisions, overexertion, musculoskeletal injury, environmental exposure, traffic hazards, dehydration, and death;
The Events may take place on public streets, sidewalks, trails, or private property, where hazards may exist that are not controlled by the Released Parties.
2. COMPLETE WAIVER AND RELEASE OF LIABILITYIn consideration of my participation, I, for myself and on behalf of my heirs, estate, legal representatives, executors, administrators, and assigns, irrevocably waive, release, discharge, and covenant not to sue any of the Released Parties for any and all claims, demands, damages, losses, liabilities, lawsuits, or causes of action of any kind, whether in law or equity, arising out of or related in any way to:
Personal injury, illness, or death;
Property damage or loss;
Emotional distress or mental suffering;
Exposure to communicable disease (including but not limited to COVID-19);
Negligence (ordinary or gross), breach of statutory or legal duty, or any other alleged fault of the Released Parties.
This waiver includes, without limitation, any claims of negligence, premises liability, failure to warn, or vicarious liability for the acts or omissions of other participants, volunteers, or third parties.
3. INDEMNIFICATION AND HOLD HARMLESS AGREEMENTI agree to fully indemnify, defend, and hold harmless the Released Parties—including Miami Run Club LLC, Miami Runner Headquarters LLC, Dr. Emmanuel Pinillos, and all affiliated individuals or entities—from any and all claims, lawsuits, actions, proceedings, damages, judgments, settlements, fines, penalties, and expenses (including reasonable attorneys' fees) arising out of or relating to:
My participation in the Events;
Any act or omission by me during or in connection with the Events;
Any injury or damage I cause to other persons or property.
This indemnity obligation shall survive the termination of this agreement.
4. MEDIA RELEASEI grant the Released Parties the unrestricted, worldwide, royalty-free, perpetual right to use my name, likeness, image, and voice in all forms of media, including social media, advertising, and promotional materials, without compensation or approval.
5. COMMUNICABLE DISEASES — EXPRESS ASSUMPTION OF RISKI understand that participation may expose me to infectious diseases including but not limited to MRSA, influenza, and COVID-19. I voluntarily and knowingly assume all such risks, even if caused in whole or in part by the negligence of the Released Parties. I further agree to comply with all health and safety recommendations applicable to the Events.
6. GOVERNING LAW AND JURISDICTIONThis agreement shall be governed by the laws of the State of Florida. Any legal dispute shall be resolved exclusively in a court of competent jurisdiction located in Miami-Dade County, Florida, and I consent to personal jurisdiction and venue in such courts.
7. SEVERABILITYIf any portion of this agreement is held invalid or unenforceable, the remaining portions shall remain in full force and effect.
8. ACKNOWLEDGMENT OF UNDERSTANDINGI have read this entire Waiver, Release of Liability, and Assumption of Risk Agreement. I understand it is a complete release of liability and assumption of all risks, and I agree to be bound by its terms freely and voluntarily, without duress or coercion. I understand that by signing this agreement, I am relinquishing substantial legal rights, including the right to sue the Released Parties.
For participants under 18, this Agreement and the following additional paragraph apply and must be signed or electronically accepted by the participant’s parent or guardian.
NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING
THAT, EVEN IF THE RELEASED PARTIES USES
REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE
THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM THE RELEASED PARTIES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY
DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THE RELEASED PARTIES HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.