I know that competing in a running race is a potentially hazardous activity, which could cause injury or death. I certify that: I am medically able to participate in this race; am in good health; and am properly trained. I agree to abide by any decision of a race official relative to any aspect of my participation in this event, including the right of any official to deny or suspend my participation for any reason whatsoever. I attest that I have read the rules of the race and agree to abide by them. I assume all risks associated with running in this event, including, but not limited to: falls and physical contact with vehicles, bicycles, other participants, volunteers, race personnel, service providers, employees, and spectators and the potential contraction of a communicable disease resulting from contact with other participants, volunteers, race personnel, service providers, employees, and spectators. I further assume the risk of: the effects of the weather; high heat and/or humidity; cold temperatures; traffic and the conditions of the road, trail, or track, including surrounding terrain. I further agree to abide by the Center for Disease Control’s (CDC) recommendations for the prevention of the spread of the 2019 Novel Coronavirus Disease (COVID-19) and other communicable diseases, and I assume all such risks being known, appreciated, and accepted by me.
I understand that bicycles, skateboards, roller skates or inline skates, dogs and other animals are not allowed in the race.
In consideration for your accepting my entry, I, for myself and anyone for whom I am acting waive and release the Beat the Heat 5K race organizers, Twin City Track Club, Inc., the City of Winston-Salem, the Road Runners Club of America, Cook Medical, Inc., Cook Winston, LLC, all event sponsors, their representatives and successors from all claims or liabilities of any kind arising out of my participation in this event, even though that liability may arise out of negligence or carelessness on the part of the persons named in this waiver. In addition, I acknowledge the contagious nature of COVID-19 and other communicable diseases and voluntarily assume the risk that I may be exposed to or infected by COVID-19 and/or other communicable diseases by participating in this event. I acknowledge that such exposure or infection may result in personal injury, illness, permanent disability, and/or death.
I represent and warrant to the entities and persons named in this document that: no healthcare provider has told me that I am or may be infected by COVID-19; I am not experiencing symptoms of COVID-19 (e.g., elevated temperature, fever or chills, sore throat, shortness of breath or difficulty breathing, and new loss of taste or smell); and I will not attend or participate in this event if, after signing this waiver, my medical condition changes to the extent that either of the foregoing statements about COVID-19 is no longer accurate.
I grant permission to all of the foregoing to use my photographs, motion pictures, recordings or any other record of this event for any legitimate purposes. I understand that this event does not provide refunds in the event of a cancellation, and by signing this waiver, I acknowledge that I am not entitled to a refund is cancelled before or during the event.
Waiver Part 2: STATE OF NORTH CAROLINA - COUNTY OF FORSYTH
ASSUMPTION OF RISK AND WAIVER OF LIABILITY RELATING TO COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
The City of Winston-Salem (the “City”) has created new protocols and put in place preventative measures to reduce the spread of COVID-19. However, the City cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending any program may increase the risk that you or your child(ren) contract COVID19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending City-sponsored programming and that such exposure or infection may result in personal injury, illness, permanent disability, and/or death. I understand that the risk of becoming exposed to or infected by COVID-19 at this City program may result from the actions, omissions, or negligence of myself and others, including, but not limited to, City officers, agents, and employees, other volunteers, and program participants and their families.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself including, but not limited to, personal injury, disability, and death, illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at this City program. On my behalf, and on behalf of my child(ren) and our heirs, assigns, and personal representative, I hereby release, covenant not to sue, discharge, and hold harmless the City and its officers, agents, employees, and representatives and other participants, sponsoring agencies, sponsors, advertisers, and (if applicable) the owners and lessors of the premises used, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any claims based on the actions, omissions, or negligence of the City and its officers, agents, employees, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any City program. I understand and agree that my child(ren) shall not be considered employees, agents, or representatives of the City and shall not be entitled to employee benefits of any kind. This waiver shall be governed by and construed in accordance with the laws of the State of North Carolina. This waiver represents the entire understanding and agreement between the parties. This waiver cannot be amended or modified except by another written document duly signed and executed by the City and the undersigned.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IF FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
Must be signed by a parent/guardian if Participant is under age 18.