IN CONSIDERATION OF being permitted to participate in any way in the 14th Annual Tails on Trails 5k & 10k Walk/Run (“the Event”) organized by The National Humane Education Society, Inc. (“NHES”), the undersigned, for him/herself, and his/her personal representatives, heirs, assigns or next of kin:
1. Agrees to abide by all of the rules, directions and safety instructions for the Event, and further agrees to remain within the areas or route identified as the site for the Event;
2. Certifies that there are no medical or physical reasons that would preclude his/her participation in the Event, and that he/she has not been advised to not participate in the Event, or similar activities, by a qualified medical professional;
3. Acknowledges and fully assumes the potential risks and dangers of the Event, which may include, but are not limited to: collision with pedestrians, vehicles, other participants, and/or fixed or moving objects, the negligence of other participants, dangers arising from falls, weather conditions, road surfaces, and personal or property injury which he/she might sustain
4. Releases, waives, discharges and covenants not to sue NHES, including its directors, officers, agents, employees and volunteers, from any and all liability to the undersigned, his/her personal representatives, heirs, assigns or next of kin, for his/her death, disability, personal injury, property damage, property theft or other damage sustained in relation to the Event, including, but not limited to, liability arising from the negligence or fault of NHES, its directors, officers, agents, employees and volunteers, or some other person or instrumentality;
5. Agrees to indemnify and hold harmless NHES, its directors, officers, agents, employees and volunteers, from any loss, liability, damage or cost that he/she may incur arising out of or related to his/her participation in the Event.
6. Agrees that this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement [“Agreement”] is intended to be as broad and inclusive as is permitted by the laws of the State of West Virginia, and that if any portion of this Agreement is held to be invalid, the remaining provisions of the Agreement shall remain in full force and legal effect.
By signing this Agreement, the undersigned acknowledges that he/she has read the Agreement, fully understands its terms, understands that this Agreement is a legal contract, and understands that by signing this Agreement, he/she has voluntarily surrendered certain legal rights.