I submit this Liability and Publicity Release (“Release”) in connection with my participation in the 2022 Pittsburgh Penguins 6.6K Run presented by Highmark (“Event”).
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I understand that I may participate in the Event either in-person or virtually. I understand that running or walking in the Event in-person is potentially hazardous. The in-person Event may be held over public roads and facilities open to the public during the Event, and upon which hazards are to be expected. I understand that running or walking in the Event as a virtual activity where I run or walk on my own, at a date and time of my choosing, in a location and route of my choosing, which will not have any support or security measures in place by the Mario Lemieux Foundation is a potentially hazardous activity. I understand that participating in the Event is a potentially hazardous activity and that I should not participate in this Event unless I am medically able to do so and properly trained and by signing this Release, I certify that I am medically able to perform this Event, and I am in good health, and I am properly trained. 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 attest to having read the CDC’s guidance at: https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/prevention.html. I attest that if my community has a shelter in place order, I will only participate in the Event virtually by using a personal treadmill, and I will not run or walk outside in the community during the duration of a shelter in place order. I agree to follow all pedestrian safety ordinances including running or walking on a sidewalk where available and not in the road. I agree to follow the rules of the road if no sidewalk or multi-use trail is available, and I will run or walk against oncoming traffic and not with traffic.
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I assume all risks associated with participating as part of this Event including, but not limited to, falls, contact with other participants and pedestrians, accidents, injuries, disability, death, effects of weather, traffic, and the conditions of the course, road or trail, such risks being known or unknown and appreciated by me when out running or walking on my own without any type of support from local officials or Event organizers. I waive, release, and discharge any and all claims, demands, liability, damages, costs and expenses of any kind whatsoever against each of the Mario Lemieux Foundation, Pittsburgh Penguins Foundation, Pittsburgh Penguins LP, Pittsburgh Penguins LLC, Lemieux Group LP, Team Lemieux LLC, Highmark Inc., PPG Industries, USA Track & Field (USATF), UPMC Sports Medicine, Clearview Federal Credit Union, and each of their officers, directors, representatives, officials, employees, independent contractors, agents, volunteers, and supporting sponsors and advertisers (“Releasees”) which I might have based on any of the risks involved in or arising from the Event, even if arising from the negligence or carelessness of the Releasees, by the dangerous or defective condition of any property or equipment owned, maintained or controlled by them and/or because of their liability without fault. I recognize, intend and understand that this Release is binding on my heirs, executors, administrators, or assignees. I FULLY UNDERSTAND I AM FOREVER GIVING UP IN ADVANCE ANY RIGHT TO SUE OR MAKE ANY CLAIM AGAINST THE RELEASEES IF I SUFFER SUCH INJURIES AND DAMAGES EVEN THOUGH I DO NOT KNOW WHAT OR HOW EXTENSIVE THOSE INJURIES AND DAMAGES MIGHT BE AND AM VOLUNTARILY ASSUMING THE RISK OF SUCH INJURIES AND DAMAGES. I am aware that medical support for this Event may be provided by volunteer personnel who may be called upon to provide medical assistance, including first aid, to me and others during the Event. I authorize any such volunteer to assist me and/or to provide such assistance as, in the opinion of such volunteer, may be necessary or appropriate. I hereby release and indemnify the Releasees from any and all liability or claims arising out of such medical assistance.
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I agree to abide by all decisions and directions given by the Releasees in relation to the Event, including but not limited to, postponing or cancelling the Event due to weather or other factors beyond their control, instructions relating to the manner of my participation in the Event, determination of winners, and the authority to remove me from the Event if they deem it necessary in their sole discretion. I understand that this Event does not provide for refunds in the event of a cancellation, and by signing this Release, I consent that I am not entitled to a refund if the Event is cancelled before or during the Event. I hereby agree that this Release is intended to be as broad and inclusive as permitted, and that if any provision of this Agreement and Waiver shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Release and shall not affect the validity and enforceability of any remaining provisions, and that this Release shall be governed by and interpreted in accordance with the laws of the Commonwealth of Pennsylvania without reference to any choice of law doctrine.
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THE RELEASEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE EVENT OR THE INABILITY TO ATTEND THE EVENT, (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (C) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO IN CONNECTION WITH THE EVENT OR (D) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF THE RELEASEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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I irrevocably grant permission to the Releasees to use, publish, edit, reproduce, exhibit, display, transmit and distribute any photographs, motion pictures, recordings or any other record in any form, in which my name, biographical information, voice, likeness or comments may be included in connection with the Event (collectively, “Recordings”), including any Recordings which I may share online as part of the Event, without any compensation to me. I understand that the Releasees shall have no obligation to use any Recordings. I shall have no right of approval, no claim to any compensation, and no claim arising out of the use, alteration, distortion or illusionary effect, or use in any composite form of the Recording.
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RunSignUp.com Release:
In addition to the above and in consideration of you accepting this entry, I, the participant, intending to be legally bound and hereby waive or release any and all right and claims for damages or injuries that I may have against the Event director, RunSignUp.com, and all of their agents assisting with the Event, sponsors and their representatives 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.
I certify as a material condition to my being permitted to enter this Event that I am physically fit and sufficiently trained for the completion of this Event and that my physical condition has been verified by a licensed Medical Doctor. 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 waiver.
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I have read and fully understand this Release, and agree to be bound by its terms.
