I, ______________________________, understand and hereby acknowledge that my participation in NCJerk Fest 5k Run/Walk is wholly voluntary. In consideration of being allowed to participate in NCJerk Fest 5k Run/Walk
I hereby agree as follows:
1. I understand the nature of the NC Jerk Fest 5k Run/Walk I may participate in may require mental judgment and a high degree of physical fitness, agility, and dexterity, and that this may include strenuous exercise that requires physical fitness, strength, and stamina.
2. I understand that the NC Jerk Fest 5k Run/Walk described herein involve the risk of injury. I understand, accept, and voluntarily assume these risks.
3. I understand that neither the CaribSplash nor the City of Durham will provide medical or health insurance coverage to me during any aspect of my participation in NC Jerk Fest 5k Run/Walk.
4. I, individually, and on behalf of my heirs, successors, assigns and personal representatives, hereby agree to indemnify, defend, and hold harmless CaribSplash and the City of Durham and their employees, agents, and representatives, from any and all liability whatsoever for any and all damages, losses, or injuries (including death) I sustain to my person or property or both, including but not limited to any claims, demands, actions, causes of action, judgments, expenses and costs, including attorneys fees, which arise out of, result from, occur during, or are connected in any manner with my participation in the activity.
5. To the extent authorized by law, I, individually, and on behalf of my heirs, successors, assigns and personal representatives, hereby release and forever discharge CaribSplash and the City of Durham and their employees, agents, and representatives, from any and all liability, loss, damage or expense, including attorneys fees, that they or any of them incur or sustain as a result of any claims, demands, actions, causes of action, damages, judgments, costs or expenses, including attorneys fees, which arise out of, occur during, or are in any way connected with my participation in the activity.
6. To the extent that I, individually, or my heirs, successors, assigns, or personal representatives bring a claim of any kind whatsoever against CaribSplash and the City of Durham and/ or their employees, agents, and representatives, I agree that this Waiver, Release and Indemnification Agreement is to be construed under the laws of the State of North Carolina, and that if any portion hereof is held invalid, the balance hereof shall, notwithstanding, continue in full legal force and effect. In signing this document, I hereby acknowledge that I have read this entire document, that I understand its terms, that by signing it I am giving up substantial legal rights I might otherwise have, and that I have signed it knowingly and voluntarily.