Waiver
2024 SPLASH N' DASH SUPER SPRINT
In consideration of you accepting this entry, I, the participant, intending to be legally bound do hereby waive and forever release any and all right and claims for damages or injuries that I may have against the Tim Kerr Charities, Inc, Event Director, The Borough of Avalon, RunSignUp.com, and all of their agents assisting with the event, sponsors and their representatives, volunteers and employees for any and all injuries to me or my personal property. This release includes all injuries and/or damages suffered by me before, during or after the event. I recognize, intend and understand that this release is binding on my heirs, executors, administrators, or assignees.
COVID-19 WAIVER OF LIABILITY AND INDEMNIFICATION
1. Tim Kerr Charities (TKC) has put in place preventative measures to reduce the spread of COVID-19; however, TKC cannot guarantee that you will not become infected with COVID-19. Further, attending a training or event could increase your risk of contracting COVID-19.
2. I agree to indemnify, defend, and hold harmless TKC from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorney fees) arising either directly or indirectly from or related to any and all claims made by or against the TKC due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to my participation in trainings and events, whether caused by the negligence of the TKC or otherwise specifically related to COVID-19.
3. By signing below I acknowledge and represent that I have read the foregoing Waiver of Liability, understand it and sign it voluntarily as my own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in this document; I am sufficiently informed about the risks involved to decide whether to sign this document; no oral representations, statements, inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Wavier of Liability shall be governed by and construed in accordance with New Jersey law, and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Wavier of Liability as a whole. This waiver remains in effect until the State of New Jersey lifts all COVID-19 related mandates. Due to the 2019-2020 outbreak of the novel Coronavirus (COVID-19), Tim Kerr Charities is taking extra precautions and asking every athlete to be symptom free on race day and leading up to the race date of July 11th, 2021. Symptoms of COVID-19 include: • Fever - Fatigue - Dry Cough - Difficulty Breathing - Loss of taste and smell
I agree to the following: I understand the above symptoms and affirm that I, as well as all household members, do not currently have, nor have experienced the symptoms listed above within the last 21 days.
• I affirm that I, as well as all household members, have not been diagnosed with COVID-19 within the past 30 days.
• I affirm that I, as well as all household members, have not knowingly been exposed to anyone diagnosed with COVID-19 within the past 30 days.
• I affirm that I, as well as all household members, have not traveled outside of the country or to any city/state within the United States to be considered to be a “hot spot” for COVID-19 infections within the past 30-days.
• I understand that Tim Kerr Charities cannot be held liable for any exposure to the COVID-19 virus caused by misinformation on this form/waiver
Tim Kerr Charities is following enhanced procedures to prevent the spread of COVID-19, as evidenced by what has been outlined in the confirmation letter.
By signing below, I agree to each statement above and release Tim Kerr Charities, its employees, partners, Borough of Avalon
Note this is a legally binding agreement read this document carefully and in entirely by signing this agreement you will give up the right to bring a court action to recover compensation or obtain any other remedy for any personal injury or property damage however causing arising out of your participation in a Tim Kerr Charities events now or at any time in the future. Acknowledgment of risk: I do hereby and agree that participation in Tim Kerr charities activities comes with inherent risks associated with COVIC-19.. I have full knowledge and understanding of the inherent risks associated with COVID-19. Coronavirus/COVID-19 warning and disclaimer: Coronavirus, COVID-19 is an extremely contagious virus that spreads easily through person-to-person contact. Federal and state authorities recommend social distancing as a means to prevent the spread of the virus. COVID-19 can lead to severe illness, personal injury, permanent disability, and death. Participating in Tim Kerr Charities activities could increase the risk of contracting COVID-19. Tim Kerr Charities is in no way warrants that COVID-19 infection will not occur through participation.
As it applies to my participation in this race, I agree to abide by the Center for Disease Control (CDC)’s recommendations for the prevention of the spread of COVID-19 and attest to having read the CDC’s guidance at: https://www.cdc.gov/coronavirus/2019-ncov/prepare/prevention.html. I also agree to abide by any COVID-19 distancing and other safety guidelines issued by the state, the community or by this race for my participation in this race.
I know that running a race is a potentially hazardous activity. I should not enter and run unless I am medically able to do so and properly trained. I assume all risks associated with running in this event including, but not limited to: falls, contact with other participants, the effects of weather, traffic, and course conditions, and waive any and all claims which I might have based on any of those and other risks typical found in running a road race. I acknowledge all such risks are known and understood by me. I agree to abide by all decisions of any race official relative to my ability to safely complete the run. I certify as a material condition to my being permitted to enter this race that I am physically fit and sufficiently trained for the completion of this event and that a licensed Medical Doctor has verified my physical condition.
In the event of an illness, injury or medical emergency arising during the event I hereby authorize and give my consent to the Event Director to secure from any accredited hospital, clinic and/ or physician any treatment deemed necessary for my immediate care. I agree that I will be fully responsible for payment of any and all medical services and treatment rendered to me including but not limited to medical transport, medications, treatment and hospitalization.
By submitting this entry, I acknowledge (or a parent or adult guardian for all children under 18 years) having read and agreed to the above release and waiver.
Further, I grant permission to all the foregoing to use my name, voice and images of myself in any photographs, motion pictures, results, publications or any other print, videographic or electronic recording of this event for legitimate purposes.
