YOU MUST EXECUTE THIS DOCUMENT AND AGREE TO ITS TERMS IN ORDER TO PARTICIPATE IN THE RACE TO WRIGLEY CHARITY RUN
In consideration of my or my child or ward (if under the age of 18) or legally incapacitated adult of whom I am the parent or legal guardian being permitted to participate in the Race to Wrigley Charity Run, and all other activities conducted in conjunction therewith (collectively, the “Event”) wherever the Event may occur, I hereby acknowledge, understand, and agree as follows:
- I understand that running is a potentially hazardous activity. I understand I should not participate in the Event unless I am medically able and properly trained. I also know natural and man-made obstacles or hazards and surface and environmental conditions (including without limitation road conditions, traffic, and weather conditions) may be present throughout the Event area and each may carry a significant risk of personal injury to me and/or damage to my property. At all times when participating in the Event, I agree to take an active role in identifying and accepting those risks, conditions, obstacles and hazards. I am not required to undertake or participate in the Event—I have freely elected to do so and am choosing to participate in the Event at my own risk. I assume all risk associated with Event, and specifically with running in a road race including, without limitation, falls, running-related injuries, contact with other participants, road conditions, traffic and weather conditions, all such risks being known and appreciated by me in said event and any pre-and post-Event activities. I agree Released Parties are not liable for any injuries I may sustain in connection with this Event. For purposes of this waiver and release, “Released Parties” shall mean the Race to Wrigley Charity Run, Cubs Charities, Chicago Cubs, HSC Plaza and Building Operations LLC, Major League Baseball, RAM Racing, RAM Racing Productions, EnMotive, MLB Advanced Media, L.P., the Office of the Commissioner of Baseball (“BOC”), its Bureaus, Committees, Subcommittees and Councils, the Major League Baseball Clubs (“Clubs”), Major League Baseball Properties, Inc., The MLB Network, LLC, Tickets.com, LLC, each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Clubs or the BOC and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities (the “MLB Entities”), all Event sponsors, and for each of the foregoing, their parent and affiliated entities and for each of the foregoing, its directors, officers, members, managers, employees, agents, representatives and successors.
- Having read this waiver and knowing these facts, I for myself and anyone entitled to act on my behalf (including without limitation my heirs, assigns, administrators, executors, legal and personal representatives, and next of kin), hereby release, waive and forever discharge, protect and hold harmless each of the Released Parties from all past, present and future claims, allegations, damages, injuries or liabilities of any kind or nature whatsoever, whether known or unknown, and including without limitation bodily injury or death, with respect to the Event, any promotion or publicity about the Event, or my participation in the Event, whether caused by or arising out of the negligence or carelessness of any of the Released Parties, other Event participants, or otherwise.
- I agree to abide by all rules and regulations of the Event including without limitation any decision of a race official regarding my ability to safely complete the run. I agree not to cover, alter, or reproduce my running number in any way and that doing so may disqualify me from this and future events. I understand the Event operators have the right to remove me from the Event premises and/or to terminate the Event at any time for any reason in their sole and absolute discretion. I acknowledge that my entry fee is non-refundable, including if the race is cancelled, and my entry is non-transferable. I agree I will not chargeback or dispute the credit card transaction.
- I understand and agree the Event is for the sole purpose of my entertainment. Any pictures or photographs I take shall be used solely for my private, non-commercial use. No sale, transmission, distribution or commercial use may be made of pictures or descriptions of the Event.
- I hereby grant to the Released Parties and their respective designees the right to use my name, voice, photograph, actions and likeness any video and/or audio recordings of my participation in the Event and any other facts about me or my participation in the Event, in perpetuity (i.e., forever) throughout the universe in all media without limitation and without additional compensation or consideration, notification or permission, unless prohibited by law.
- I HEREBY AGREE TO INDEMNIFY AND SAVE AND HOLD RELEASED PARTIES HARMLESS from any loss, liability, damage, or cost (including attorneys’ fees) (collectively, “Costs”) arising from my participation in the Event whether caused by the Released Parties’ negligence or otherwise.
- I, my heirs, assigns, administrators, executors, legal and personal representatives, and next of kin will not make any claim or take any actions or proceedings of any type in respect of any matter referred to in this release against any of the Released Parties or against any other person, corporation, firm or government authority who or which might claim contribution, indemnity or relief from or over any Released Party.
- I expressly agree this waiver and release is intended to be as broad and inclusive as permitted by the laws of the State of Illinois, and shall be governed by and interpreted in accordance with the laws of the State of Illinois (excluding choice of law provisions). I agree in the event that any clause or provision of this waiver and release shall be held to be invalid by any court of competent jurisdiction, such term or provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law and the remainder of this waiver and release shall in no way be affected and shall remain valid and enforceable for all purposes. Any action related to this waiver and release or its terms may be brought only in a federal or state court sitting in Chicago, Illinois. No such action may be brought as a class action.
Authority to Register.
You represent and warrant that you have full legal authority to complete this event registration on EnMotive, including full authority to make use of the credit or debit card to which registration fees will be charged. In addition, if you are registering a third party (i.e., as the parent or guardian of such individual), you represent and warrant that you are duly authorized to act on behalf of such party in performing this event registration, that this waiver and release binds you, your ward/child and his or her heirs, assigns, administrators, executors, legal and personal representatives, and next of kin. You also hereby agree to indemnify and hold the Released Parties harmless from any Costs arising from any claims brought by such third party and his/her representatives. By proceeding with this event registration, you agree that the above terms and conditions shall apply equally to you and to any third parties for whom you are acting. You represent and warrant that you are eighteen (18) years of age or over, and that if you are registering a child under eighteen (18) years of age or an incapacitated adult, you are the parent or legal guardian of such individual, and do hereby consent to the collection of such individual's personal information (as provided by you in this registration form) by the Released Parties.