MISSION 43/J.A. & KATHRYN ALBERTSON FOUNDATION, INC. GENERAL WAIVER AND RELEASE FROM LIABILITY and PHOTO RELEASE

 

In consideration for allowing me to participate in an "Event" or "Events" (which terms shall, whenever used throughout this document, refer to and include all participation in any cycling, swimming, running, or other physical or recreational event organized, supported by, or otherwise associated with Mission 43, a program of the J.A. & Kathryn Albertson Foundation, Inc., an Idaho non-profit corporation (“Mission 43” or the “Foundation”).  I  hereby acknowledge, understand, and agree to this Waiver and Release from Liability ("Waiver and Release") in its entirety for myself, my executors, administrators, heirs, next of kin, successors and assigns, or anyone else who might claim or sue on my behalf, without exception, reservation, or limitation (including by time passed since the date of my signature):

1. Mission 43 and the Foundation and any Event sponsors, organizers and administrators of Event(s) (each an "Organizer" and collectively the “Organizers”) will, and are entitled to, rely upon the statements made by me herein including, but without limitation, for the purposes of arranging (or declining to arrange) the provision of healthcare support (if any) and obtaining (or declining to obtain) insurance coverage (if any) for Events.

2. Participating in an Event COULD HAVE INHERENT RISKS ASSOCIATED WITH A PERSON’S PHYSICAL AND MENTAL CAPABILITIES AND CARRIES WITH IT A RISK OF SERIOUS INJURY, DEATH AND/OR PROPERTY LOSS.  I certify that I am physically fit, have properly prepared for the Event(s) in which I will participate, and have not been advised against such participation by any qualified health professional.
   I shall immediately contact Mission 43 or the Foundation should any qualified health professional advise that I not participate in  an Event, at which time I shall withdraw myself from, and shall not participate in, any Event(s) that such health professional's advice might reasonably be construed to relate to.
3. I hereby EXPRESSLY ASSUME ALL RISKS ASSOCIATED WITH MY PARTICIPATING IN EVENT(S) whether foreseeable or otherwise and including, but not limited to: psychological or physical injury of any kind including heat-related illness, abnormal heart beat, abnormal blood pressure, stroke, and/or heart attack; falls (and any injury thereby caused to me or any other person or property); any and all hazards posed by spectators or other participants (whether realization of any such hazard should occur intentionally, recklessly, or negligently); the effects of the weather (including temperature extremes, rainfall, and humidity); defective equipment (by whomever provided); the surface condition of the roads and sidewalks; collision with pedestrians, vehicles, other Event participants, and fixed or moving objects; and water hazards, all such risks being understood and appreciated by me.
   I acknowledge that these risks include risks that may be the result of active or passive negligence of the "Released Parties" (which term shall, whenever used throughout this document, refer to each and any of Mission 43, the Foundation, Organizer(s), Event sponsors, and Event producers, as well as each of their respective officers, directors, employees, volunteers, representatives, agents, successors, affiliates and assigns) or of other persons or entities. The foregoing assumption of risk is intended to be construed to include the broadest possible range of risks, whether such risks are inherent risks of Events or otherwise.
4. I am familiar with, and shall use, the safety equipment customarily used by participants in organized sporting or recreational events  such as Events, and I EXPRESSLY ASSUME ALL RISKS ASSOCIATED WITH MY FAILURE to use such safety equipment, and/or my use of defective or inappropriate safety equipment, whether provided by me, Mission 43, the Foundation, an Organizer, or another Event participant.

5. Event(s) usually take place in public locations and MAY NOT BE CLOSED TO TRAFFIC.

   • The risks of participating in Event(s) include, but are not limited to, those caused by actions of other people including, without limitation, operators of motor vehicles, spectators, Event volunteers, and other participants in Event(s) and I EXPRESSLY ASSUME THE RISKS ASSOCIATED WITH an Event conducted under such conditions.
   •  I shall observe and obey all traffic laws, signs, and signals at all times. 
6. I shall abide by any decision of an Event official relative to my ability to complete this Event safely and I agree that Event officials, Event Organizers and Event volunteers may, but are not obligated to, authorize necessary emergency treatment for me during the course of an Event and/or provide first aid and/or medical assistance to me. I hereby consent to such first aid and/or medical assistance and agree to cover any costs and fees attributable to such first aid and/or medical assistance.
7. I acknowledge that no Event is, or involves, a race.
8. I hereby FOREVER WAIVE, RELEASE, ACQUIT, AND DISCHARGE THE RELEASED PARTIES from any and all CLAIMS, OBLIGATIONS, LIABILITIES, INJURIES, ACTIONS, CAUSES OF ACTION, DEBTS, LIENS, DAMAGES, JUDGMENTS, LOSSES, DEMANDS, AND EXPENSES (including, without limitation, attorneys' fees and costs) (collectively "Claims")of any kind, whether or not such Claims are caused by the negligent acts, inaction, or omissions of any other person or entity and which Claims may arise out of, result from, or relate to (whether directly or indirectly) my involvement or participation in an Event including, without limitation, traveling to and/or from such Event, and whether or not such involvement or participation results in my personal injury or death. 

   I expressly agree not to bring any lawsuit (directly or indirectly, alone or jointly with (an)other(s)) against any of the Released Parties in relation to any of the Claims or other risks that I have assumed by virtue of this Waiver and Release.

9. I INDEMNIFY, DEFEND AND HOLD HARMLESS each of the Released Parties for any and all claims arising out of, or resulting from (whether directly or indirectly): my actions, inactions, or omissions; and/or my breach or failure to adhere to or comply with any provision of this Waiver and Release.

10. I hereby grant permission to Mission 43, the Foundation and Organizers to use my name and/or likeness relating to my participation in any Event(s), and I hereby waive all rights to any compensation to which I may otherwise be entitled as a result of the use of my name and/or likeness.