St. Thomas 5 K Run/Walk Release Participation Release and Waiver. In CONSIDERATION of the participant’s participation in the 5K run on February 1, 2014 (the “Event”), I/we, the participant and/or the parents(s) or legal guardians(s) of the participant, hereby, individually and on behalf of my/our child, if applicable, and intending to legally bind myself/ourselves and my/our child, if applicable, and all of my/our and my/our child’s, if applicable, respective guardians, heirs, executors, personal and legal representatives, estates, beneficiaries, administrators, successors and assigns (all of the foregoing, collectively the “Releasors”), waive, release and discharge, and covenant not to sue, St. Thomas Episcopal Parish Church, Incorporated d/b/a St. Thomas Episcopal Parish School (the “School”), and its officers, directors, trustees, shareholders, owners, managers, partners, employees, staff, volunteers, and supervisors and their successors and assigns (collectively the “Releasees”) from any and all liability and/or claims, suits, damages, injury, disability, death, costs and expenses, whether arising before, during or after the Event, and whether caused by the sole or joint negligence, gross negligence, or tortious act or omission of the Releasees or any third party (collectively the “Claims”). The Releasors hereby knowingly and voluntarily waive, to the fullest extent permitted by law, the benefits of any statute, law, rule, or common law which may limit the scope of this Waiver and Release. Notwithstanding anything herein to the contrary, the willful misconduct of the Releasees is expressly excluded from the scope and application of this Release and Waiver. The Releasors are aware of, and understand fully, the potential risks involved in connection with the Event and that serious injury and death may occur, and each of them, assume full, sole, and complete responsibility for, and risks of, death, personal or bodily injury, disability and/or property damage resulting from, in connection with, or in any way related to, the participant’s participation in the Event. The foregoing risks include without limitation, falls, dehydration, exhaustion, weakness, pain, contact with other participants, the effects of the weather (including high heat and/or humidity), traffic, and road conditions. The Releasors represent and warrant to the Releasees, that the participant does not have any medical condition (physical or mental) which would or could impact the participant’s participation in the Event and that the participant is physically able to participate in the Event. The participant and the Releasors are aware that the Releasees will be taking video and/or photographs of the Event and/or the Pre and Post Event Entertainment and grant the Releasees the unrestricted absolute, perpetual and worldwide use (in full or in part) of participant’s name, age, identity, photograph, image, likeness, video recording, and/or recordings made of participant’s voice and/or written extraction, in whole or in part, for any lawful purpose, including for example such purposes as publicity, illustration, advertising, public displays, recruitment materials, exhibitions, Web content, or distribution in any manner by the Releasees, without compensation and without prior notice. The participant and the Releasors further understand and acknowledge that the participant and the Releasors have no financial, proprietary, or personal interest or right in the photographs, recordings, or any material depicting the participant. The participant and Releasors hereby release and hold the Releasees harmless from any and all claims and liability of every kind whatsoever arising out of or attributed to the creation, existence, or use of the photographs, recordings, and any material depicting the participant therein, including in any fashion as set forth above. The Releasors acknowledge that the Releasors have received the opportunity (and been strongly encouraged) to review this Release and Waiver with an attorney, that the Releasors have carefully read and fully understand the contents of this Release and Waiver and that the Releasors have duly executed this Release and Waiver freely and voluntarily, intending and agreeing to be fully bound by the terms hereof.
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