Torbay 5k

This is a binding legal agreement. Clarify any questions or concerns before signing. As a participant in the Torbay 5k Hosted by the Town of Torbay and facilitated by sponsoring partners (collectively the “Activities”), the undersigned, being the Participant and the Participant’s Parent/Guardian (collectively the “Parties”), acknowledge and agree to the terms outlined in this document.

Disclaimer The Town of Torbay, members, and their respective Directors, Officers, committee members, members, employees, volunteers, officials, participants, agents, sponsors, owners/operators of the facilities in which the Activities taking place, and representatives (collectively the “Organization”) are not responsible for any injury, property damage, death, expense, loss of income, damage or loss of any kind suffered by the Participant during, or as a result of, the Activities. The Parties understand and acknowledge that: The Activities have foreseeable and unforeseeable inherent risks, hazards and dangers that no amount of care, caution or expertise can eliminate, including without limitation, the potential for serious bodily injury, permanent disability, paralysis and loss of life; The Organization has a difficult task to ensure safety, and it is not infallible. the Organization may be unaware of the Participant’s fitness or abilities, may give incomplete warnings or instructions, may misjudge the weather or environmental conditions, and the equipment being used might malfunction; and

Photo Release I hereby grant the Organization permission to use my OR my son/daughter’s image in good taste in promotional materials, posters, Sponsors website and other merchandise. I release the “Organization” from all liability of any nature in using any electronic or film image and/or audio for promotional purposes. This release shall be binding on my heirs' administrators and assigns.

Participant Consent For Collection, Use And Disclosure Of Personal Information The “Organization” understands the importance of protecting your personal information and compliance with government regulations. The “Organization collects “public” and “personal” information such as contact information, gender and date of birth to enable us to contact you and maintain communication with you; to provide accurate results and statistics. Event results, including the participant’s name, gender, year of birth, and performance, will be posted on local media. This is a public event, your name, gender, age category, and finishing time will appear in the event print and online results; and online registration/confirmation site.

Waiver I understand that participation in sport involves risk of injury and that I OR my son/daughter may be injured in participating in this event. I acknowledge that I am aware of the particular risks involved in the events that I OR my son/daughter will be participating in. I WARRANT that I OR my son/daughter are physically fit to participate in this event. I, for myself, my heirs, executors, administrators, successors, and assigns HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE THE TOWN OF TORBAY, EVENT ORGANIZING CLUB, HOST VENUE, HOST CITY/TOWN and all other associations, sanctioning bodies and sponsoring companies, and all their respective agents, officials, servants, contractors, representatives, successors and assigns OF AND FROM ALL claims, demands, damages, cost, expenses, actions and causes of action, whether in law or equity, in respect of death, injury, loss or damage to my person or property HOWSOEVER CAUSED, arising or to arise by reason of my participation in the said event, whether as a spectator, participant, competitor or otherwise, whether prior to, during or subsequent to the event AND NOTWITHSTANDING that same may have been contributed to or occasioned by the negligence of any of the aforesaid. I FURTHER HEREBY UNDERTAKE to HOLD AND SAVE HARMLESS AND AGREE TO INDEMNIFY all of the aforesaid from and against any and all liability incurred by any or all of them arising as a result of, or in any way connected with my participation in the said event. BY SUBMITTING this ENTRY, the Parties acknowledge that they have read this agreement and understand it, that they have executed this agreement voluntarily, and that this Agreement is to be binding upon themselves, their heirs, their spouses, parents, guardians, next of kin, executors, administrators and legal or personal representatives.