Not a Run Club, LLC (“NRC”) believes in promoting healthy and safe running habits, so we urge all members to take their time, be careful, and appreciate their limits. Please exercise common sense and be safe. All members of NRC must read and accept these terms of membership.
This is an important legal document which may have significant consequences to you or those related to you. Read carefully and be certain that you understand it before signing. This Release and Waiver serves as consideration supporting NRC’s acceptance of my application for membership. I hereby agree as follows:
1. ACKNOWLEDGEMENT. I understand, acknowledge and agree that neither NRC, nor its members, managers, agents, representatives, volunteers or sponsors can assure my safety during participation in club activities. I acknowledge and agree that participation in the club activities exposes me to risks including, but not limited to, falls, running-related injury, conditions of the road and traffic, contact with other participants, effects of weather, high-heat and/or humidity, and any other such risks, known or unknown. I understand that my participation in the club activities is strictly voluntary. I AM PARTICIPATING AT MY OWN RISK.
2. RELEASE OF CLAIMS. I, on behalf of myself and my heirs, executors, administrators, successors and assigns hereby release, waive, forever discharge and hold harmless NRC, its members, managers, agents, representatives, volunteers, sponsors, successors and assigns (collectively, the “NRC Representatives”) from any and all claims, demands, damages, costs, expenses, actions, and causes of actions, whether in law or equity, with respect to death, injury, loss or damage to my person or property, howsoever caused, arising out of, by reason of, or during my attendance at or participation in club activities, whether as a spectator, participant or otherwise (collectively, the “Claims”), whether or not the Claims result from any club activity, program and/or exercise on the recommendation of any of the NRC Representatives, whether such claim arises out of events prior to, during or subsequent to said attendance or participation, even if such claims result from the negligence, fault or other conduct of NRC Representatives.
3. INDEMNIFICATION. I agree to indemnify, defend and hold harmless NRC and NRC Representatives against any and all claims brought by or on behalf of any person or entity, where the claims arise out of, are incident to, or result from my actions or participation in NRC.
4. DIGITAL MEDIA RELEASE. I hereby grant NRC permission to use my image and likeness captured during participation in club activities in the form of photographs, videos, or other digital media (“Media”) in any of NRC’s publications, including web-based publications, without payment or other consideration. I understand and agree that any such Media used will become the property of NRC. I irrevocably authorize NRC to edit, alter, copy, exhibit, publish and distribute this Media for any lawful purpose. I waive any right to inspect or approve the finished product in which my image and likeness appear.
In signing this Release and Waiver, I acknowledge and represent that I have read the foregoing waiver of liability, understand it in the language it is written, and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements outside of this Release and Waiver have be made; I am at least eighteen (18) years of age and fully competent; and I execute this Release and Waiver for adequate consideration fully intending to be bound by its terms. This Release and Waiver shall be governed by the laws of the State of Delaware.