2021 Bark in the Dark Waiver and Release of Liability
In consideration of being permitted to participate in the 2021 Bark in the Dark event (the "Event") organized by Humane Society of West Michigan and its employees, agents, volunteers, officers, directors, and/or affiliates (collectively, "HSWM"), I, for myself and on behalf of my spouse, children, parents, heirs, next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, agree to and acknowledge the following:
1. I hereby represent that: (a) I am in good health and in proper physical condition to participate in the Event; and (b) I am not under the influence of alcohol or any illicit or prescription drugs or other substances that would in any way impair my ability to safely participate in the Event. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Event.
2. I understand and acknowledge the physical and mental rigors associated with running and acknowledge that running, and other portions of the Event, are inherently dangerous and represent an extreme test of a person's physical and mental limits. I understand that participation involves risks and dangers that include, without limitation, the potential for: serious bodily injury, sickness and disease, permanent disability, paralysis, and death; loss of or damage to equipment/property; exposure to extreme conditions and circumstances; accidents, contact or collision with other participants, spectators, vehicles, animals, or other natural or manmade objects; dangers arising from adverse weather conditions; imperfect course conditions; water, road and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of HSWM; and other undefined risks and dangers that may not be readily foreseeable or are presently unknown (collectively, the "Running Risks").
3. I further understand and acknowledge that: (a) animals are invited to the Event; (b) animals will be participating with their owners in the Event or will be with spectators at the Event; (c) I will be interacting, voluntarily or involuntarily, with animals at the Event; (d) that HSWM does not control the animals brought by Event participants or spectators and does not have any responsibility for such animals; and (e) there is a risk of personal injury and/or property damage from interacting with any animal, including, without limitation, the possibility of animal attacks, animal bites, or complications from any of the foregoing (collectively, the "Animal Risks").
4. I UNDERSTAND THAT THERE ARE UNPREDICTABLE RISKS AND DANGERS INHERENT TO PARTICIPATING IN THE EVENT AND INTERACTING WITH ANY ANIMAL. I UNDERSTAND THAT THE RUNNING RISKS AND ANIMAL RISKS MAY BE CAUSED IN WHOLE OR IN PART BY MY OWN ACTIONS OR INACTIONS, THE ACTIONS OR INACTIONS OF OTHERS PARTICIPATING IN OR WATCHING THE EVENT, OR THE ACTS, INACTIONS OR NEGLIGENCE OF HSWM. I HEREBY EXPRESSLY ASSUME ALL SUCH RISKS AND SOLE RESPONSIBILITY FOR ANY DAMAGES, LIABILITIES, LOSSES, EXPENSES, INJURIES, ILLNESSES, OR DEATH RESULTING FROM MY PARTICIPATION IN THE EVENT.
5. I am familiar with and agree to abide by the Rules and Regulations established for the Event. I also accept sole responsibility for my own conduct and actions while participating in the Event, the conduct and actions of any animal I bring to the Event, and the condition and adequacy of my equipment.
6. I hereby irrevocably release and waive any claims that I might have against HSWM, the Event organizers and promoters, race directors, sponsors, advertisers, organizing committee, venues and property owners upon which the Event takes place, law enforcement agencies and other public entities providing support for the Event, and each of their respective affiliates, officers, directors, partners, shareholders, members, agents, employees, and volunteers (individually and collectively, the "Released Parties"), with respect to any loss, injury, illness, damage, or death occurring to me or my property, including, without limitation, any of the dangers described in the Running Risks and Animal Risks, that relate to or arise out of my participation in the Event. I agree to indemnify and hold harmless the Released Parties from and against any and all liabilities, damages, claims, causes of action, losses, and costs (including attorneys' fees and expenses) related to any such claim asserted against the Released Parties by or on behalf of me, including, without limitation, any claim released under this Waiver and Release of Liability. I AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. I hereby warrant that: (a) I have read this Waiver and Release of Liability carefully; (b) understand its terms and conditions; (c) acknowledge that I will be giving up substantial legal rights by signing it (including the rights of my spouse, children, parents, heirs, next of kin, and any legal and personal representatives, executors, administrators, successors and assigns); (d) acknowledge that I have signed this Waiver and Release of Liability freely and voluntarily, without any inducement, assurance, or guarantee; and (e) intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions, and provisions of this Waiver and Release of Liability. This Waiver and Release of Liability represents the complete understanding between the parties regarding with respect to its subject matter, and no oral representations, statements, or inducements have been made apart from this Waiver and Release of Liability.
8. I agree that this Waiver and Release of Liability is intended to be as broad and inclusive as permitted by the laws of the State of Michigan, and that if any portion of this Waiver and Release of Liability is held invalid or unenforceable for any reason, any court or other tribunal adjudicating the rights and duties of the parties under this Waiver and Release of Liability shall alter, modify, or strike portions of this Waiver and Release of Liability so that it will be enforceable to the fullest extent permitted by law. If any provision of this Waiver and Release of Liability is held, in whole or in part, to be invalid, the remainder of such provision and this Waiver and Release of Liability shall remain in full force and effect.
10. I acknowledge the following weather policy and understand that no refunds will be provided if the event is cancelled.
Our participants’ safety is the most important thing and if any of the threatening weather conditions listed below are present the day of the event, the event may be delayed or canceled. Bark in the Dark will be canceled or delayed if any of the following weather conditions exist: Tornado Warning, Tornado Watch, Thunderstorm/Electrical Storm, “Heavy” Rain, other major weather condition. The start of the event will be delayed by 15 minutes if any of the above mentioned conditions exist. The event will then be canceled if any of the weather conditions persist: Tornado Warning, Tornado Watch or Thunderstorm/Electrical Storm. The Race Director, in accordance with the city and the local law enforcement, has the authority to cancel the event. If threatening weather conditions force cancellation of the event, no refunds can be provided, since funds were already spent in preparation for race day. Alternate arrangements will be made for participants to pick up their wag bags and t-shirts.
I HAVE READ AND UNDERSTAND THE ABOVE AND AGREE TO BE BOUND BY THE TERMS OF THIS WAIVER AND RELEASE OF LIABILITY.
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 Event Director, 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.
I know that running a road 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.