Waiver of Liability, Assumption of Risk, Release and Indemnity Agreement

This Waiver of Liability, Assumption of Risk, Release and Indemnity Agreement (“Waiver”) governs the athletic, running and conditioning program, and any related activities (the “Great Hill Track Club Training Program”), provided by Chill Track Friday Inc. (“CTF”) at any premises, location or venue where CTF is providing the Training Program.  You are required to sign this Waiver before taking part in the Training Program.

Waiver; Release; Indemnity

I agree to comply with all rules and instructions imposed by CTF regarding participation in the Training Program and to conduct myself in a controlled and reasonable manner at all times.  I understand that CTF may, in its sole discretion, prohibit me from participating in the Training Program if I fail to comply with CTF’s rules and instructions.

In consideration of being permitted to participate in the Training Program, I, for myself, my heirs, personal representatives, successors and assigns, do hereby fully and forever release, waive, covenant not to sue, discharge, indemnify and hold harmless CTF, its employees, contractors, shareholders, officers, directors, agents and representatives (collectively, the “CTF Parties”) from liability from any and all claims, demands, damages, rights of actions, causes of action, costs, expenses, damages and liabilities, including attorneys’ fees (collectively, “Claims”), present or future, known or unknown, anticipated or unanticipated, to the fullest extent allowed by law, resulting from or arising out of my participation in the Training Program, including any Claims for the negligence of the CTF Parties resulting in personal injury, accidents or illnesses (including death), and property loss.

Assumption of Risks; Medical Disclaimer

Participation in the Training Program carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. I know that running is a potentially hazardous activity and certify that I am in good health and physically fit to enter into a training program, including the Training Program. I acknowledge that I am aware of the many risks involved in athletic training in general and running training specifically, which risks include by way of example and not limitation: 1) minor injuries such as scrapes, bruises, sprains and strains, 2) more serious injuries such as joint, muscle and bone injuries, concussions and other head injuries, heat related injuries such as heat exhaustion and heat stroke, dehydration and overhydration conditions such as hyponatremia, and 3) catastrophic injuries and conditions such as heart attacks and other conditions or injuries which could be fatal. I have read the previous paragraphs and I know, understand, and appreciate these and other risks that are inherent in training for and participating in road, trail and track running and racing and any conditioning and cross-training activities associated with that training. I hereby assert that my participation in the Training Program is voluntary, certify that I am sufficiently health and physically fit to enter into the Training Program and that I knowingly assume all such risks. 

I agree and understand that I am solely responsible for evaluation and maintenance of my health and medical condition, and that it is my sole responsibility to determine my physical and medical fitness to undertake a strenuous training program. I acknowledge that none of the CTF Parties is a medical doctor and that the advice and recommendations of any of the CTF Parties are based solely upon the relevant CTF Party’s training and experience as a runner. 

Personal Property

I acknowledge and agree that none of the CTF Parties will be liable to me in respect of any of my personal property that is lost, stolen or damaged before, during or after any part of the Training Program.

Use of Likeness

I understand that during the Training Program, I may be photographed or recorded.  To the fullest extent allowed by law, I waive all rights of publicity or privacy or pre-approval that I have for any such likeness of me or use of my name in connection with such likeness, and I grant to CTF and its successors and assigns permission to copyright, use, and publish (including by electronic means) such likeness of me, whether in whole or part, in any form, without restrictions, and for any purpose.

Severability

The undersigned further expressly agrees that the foregoing Waiver is intended to be as broad and inclusive as is permitted by the law of the State of New York and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

 Acknowledgement of Understanding

I, ON MY OWN BEHALF, HEREBY WARRANT THAT I HAVE READ THIS WAIVER IN FULL, FULLY UNDERSTAND ITS TERMS, AND I UNDERSTAND THAT IT INVOLVES GIVING UP CERTAIN RIGHTS, INCLUDING MY RIGHT TO SUE. I ACKNOWLEDGE THAT I AM AGREEING TO THE WAIVER FREELY AND VOLUNTARILY AND INTEND MY PURCHASE OF A WORKOUT OR A PACKAGE TO BE A COMPLETE ACCEPTANCE OF THE TERMS SET FORTH ABOVE, INCLUDING A RELEASE OF LIABILITY.