ALL FEES ARE NON-REFUNDABLE

Nor are they transferable from year to year. Once you are signed up, race fees are used for race expenses and cannot be returned.

FORM WAIVER AND RELEASE

I and/or one or more minors for which I am the parent/legal guardian (the “Covered Participant”) intend(s) to participate in the Colon Cancer Challenge (the “Event”) offered by the Colon Cancer Foundation dba Colon Cancer Foundation and elitefeats, Inc (collectively, the “Organizations” and, each, an “Organization”)] . I understand that neither I or nor any Covered Participant will be able to participate in the Event without having agreed to this waiver and release (this “Release”). I understand that I must read this Release before I acknowledge and agree to it and that clicking the box below means that I have read it and understand it.

I understand that participating in the Event poses inherent risks of physical injury and I, on behalf of myself and the Covered Participant(s), voluntarily accept and assume responsibility for the full risk of any and all injuries, damages or loss, regardless of severity, that I and or the Covered Participant(s) may sustain as a result of the participation by me or such Covered Participant(s) in the Event. For myself and the Covered Participant(s), I acknowledge that even if I or the Covered Participant(s) and/or the Organization(s) follow all directions and exercise the utmost personal care there will remain irreducible inherent risks to participation in these activities, which include, but are not limited to, personal injury (including emotional/psychological harm), serious bodily harm (e.g. serious injury to bones, joints, muscles, tendons, and other skeletal components, neck or spinal injury, exertion, and dehydration), permanent and temporary disability, complete or partial paralysis, and death. On my behalf and the behalf of the Covered Participant(s), I accept these risks. Accordingly, in consideration of receiving permission to participate in and be present at the Event, I, on behalf of myself and the Covered Participant, my and their heirs, legatees, distributees, administrator, executor, successors, assigns, and any similar persons, agree to fully, forever and irrevocably release and hold each Organization and each of their respective owners, partners, members, and affiliates, whether direct or indirect, and all members, partners, shareholders, officers, directors, employees, representatives, agents, contractors, consultants, licensees, successors and assigns of any of the foregoing and it's respective directors, trustees, officials, members, officers, employees, agents and servants (with all of the foregoing referred to collectively herein as the "Releasees") harmless from any and all claims (including, to the extent permitted by applicable law, claims alleging negligence on behalf of any Releasee), suits, actions, proceedings, liabilities, losses, judgments, demands, damages, costs and expenses (including but not limited to court costs and legal fees) (with all of the foregoing referred to collectively herein as "Claims") that I or such Covered Participant(s) may have (or that may accrue to me or such Covered Participant(s)) against any Releasee related directly or indirectly to bodily injury, including death, illness, or damage to personal property incurred by me or such Covered Participant(s) related in any way to the participation by me or such Covered Participant(s) in the Event, to the fullest extent permitted by law, and to generally release and discharge the Releasees from any and all Claims, including but not limited to those involving participating in any supervised or unsupervised fitness activities, the use of any equipment and any loss or theft of personal property, and I, on behalf of myself and such Covered Participant(s), hereby promise never to assert or assist any other party in asserting, any claims or causes of action against any Releasee in any matter that in any way relates to any Claims.

I understand, on behalf of myself and the Covered Participant(s), that during the Event, I and/or the Covered Participant(s) may be photographed and/or videotaped by the Organizations or their authorized employees or agents for internal and/or promotional use. I, on behalf of myself and the Covered Participant(s), hereby give my consent to the Organizations to publish and use my name and/or likeness and/or the name and/or likeness of any Covered Participant (in each case, including but not limited to image, voice and other personal attributes) for the purpose of promotion, publicity, advertising or trade by the Organizations or anyone authorized by any Organization to act on its behalf. This includes but is not limited to use of my name and/or likeness and/or the name and/or likeness of any Covered Participant on photographs, sound and/or video recordings, films, broadcasts, brochures, publications, reports, web pages, promotional materials or any other audio-visual, electronic, printed, tangible work in any media or format, now known or hereafter to become known, and/or reproductions of any of these. I agree, on behalf of myself and the Covered Participant(s), that the actual material involved is and shall continue to be the property of the Organizations and that I shall have no right of review or approval regarding the use of my name and/or likeness and/or the name and/or likeness of any Covered Participant in such material. I understand and agree, on behalf of myself and the Covered Participant(s), that neither I nor any Covered Participant will be compensated in any way for the use of my or such Covered Participant’s name and/or likeness by the Organizations.


I understand that this is the only basis upon which I and/or the Covered Participant(s) would be permitted to participate in the Event. I, on behalf of myself and the Covered Participant(s), hereby represent that neither I nor any Covered Participant has any physical or medical condition which, to my knowledge, would endanger others or myself or such Covered Participant, or would interfere with my or such Covered Participant’s ability to participate in the Event. I, on behalf of myself and the Covered Participant(s), acknowledge that the risks from participating in the Event may be aggravated if I or such Covered Participant(s) are pregnant, suffer from an underlying medical condition, take medication, smoke cigarettes, have a family history of coronary disease, or have recently suffered an illness, injury or impairment and accordingly, and agree it is my sole responsibility to consult a physician before participating in the Event. I, on behalf of myself and the Covered Participant(s), acknowledge that it is also my responsibility to determine, during my participation in the Event, whether I or such Covered Participant(s) should discontinue my or their participation in such activities or take any other actions to protect my health or safety.

I, on behalf of myself and the Covered Participant(s), agree it is my sole responsibility to be familiar with and to inspect any equipment that I or such Covered Participant(s) use during my participation in the Event. I, on behalf of myself and the Covered Participant(s), fully accept all responsibility for the condition and adequacy of all of the equipment I or such Covered Participant(s) use during the Event. I, on behalf of myself and the Covered Participant(s), further agree and understand that it is my sole obligation to furnish any safety equipment necessary to participate during the Event.

I, on behalf of myself and the Covered Participant(s), agree to indemnify the Releasees for any and all claims and liabilities that might be alleged against the Releasees arising out of or relating to the reckless disregard or intentional misconduct associated with the Event by me or the Covered Participant(s).

This is a complete and irrevocable indemnification and release of liability and waiver. Without limitation of the foregoing, my release and waiver of the Claims against the Releasees extends to any claim brought by other persons on behalf of me or the Covered Participant(s) or on their own behalf based on their relationship to me or such Covered Participant(s). I, on behalf of myself and the Covered Participant(s), further agree not to sue or assert a claim of any sort against any of the Releasees for or in connection with any Claims I or the Covered Participant(s) may have that are released or waived herein.

If I am the parent/legal guardian of a Covered Participant, I hereby expressly waive and release on behalf of my child, any and all claims, and causes of action, or liabilities which may hereafter accrue against the Releasees by reason of my child's participation in said program, including any and all claims for personal injuries arising directly or indirectly out of their participation in the Event. In addition, I accept full responsibility for the care and supervision of my child during the Event.

I understand, on behalf of myself and the Covered Participant(s), that during the Event, I and/or the Covered Participant(s) may be photographed and/or videotaped by the Organizations or their authorized employees or agents for internal and/or promotional use. I, on behalf of myself and the Covered Participant(s), hereby give my consent to the Organizations to publish and use my name and/or likeness and/or the name and/or likeness of any Covered Participant (in each case, including but not limited to image, voice and other personal attributes) for the purpose of promotion, publicity, advertising or trade by the Organizations or anyone authorized by any Organization to act on its behalf. This includes but is not limited to use of my name and/or likeness and/or the name and/or likeness of any Covered Participant on photographs, sound and/or video recordings, films, broadcasts, brochures, publications, reports, web pages, promotional materials or any other audio-visual, electronic, printed, tangible work in any media or format, now known or hereafter to become known, and/or reproductions of any of these. I agree, on behalf of myself and the Covered Participant(s), that the actual material involved is and shall continue to be the property of the Organizations and that I shall have no right of review or approval regarding the use of my name and/or likeness and/or the name and/or likeness of any Covered Participant in such material. I understand and agree, on behalf of myself and the Covered Participant(s), that neither I nor any Covered Participant will be compensated in any way for the use of my or such Covered Participant’s name and/or likeness by the Organizations.

Each Organization reserves the right to reject any entry and to impose penalties for violations of any of these rules, including disqualifying and possibly banning violators from other events hosted by such Organization. This rejection and/or disqualification may be based on, but is not limited to, violation of the aforementioned rules, unsportsmanlike conduct, non-payment of event fees, and providing false information on race entry forms.

I further expressly agree that the foregoing release, waiver, assumption of risk and indemnity/hold harmless agreement 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 thereof is held invalid, it is agreed and acknowledged that the balance shall, notwithstanding, continue in full legal force and effect. This release supersedes and replaces all prior negotiations and agreements proposed or otherwise, written or oral, concerning the subject matter hereof. This is a fully integrated agreement. To be enforceable, any modification of this release must be in writing and must be signed by me and an authorized representative of the Organizations. If any provisions of this release shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.

I, on behalf of myself and the Covered Participant(s), have read and understand all the terms above and agree to participate. I acknowledge that I am agreeing to this Release freely and voluntarily, without any inducement or assurance of any nature and intend it by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.