Terms and Conditions:
1. The risk of injury from the activities in this program is significant, including permanent paralysis and death, and while specific rules, equipment and personal responsibility may reduce the risk of serious injury, I knowingly and freely assume all such risks, known and unknown, even those arising from the negligence of others, and I assume full responsibility for my participation and child's participation. I assume full responsibility for any consumption or sampling or products. The risk of injury from participating with a stroller is significant and I assume full responsibility.
2. I willingly agree to comply with the stated and customary terms and conditions for participation. If I observe any unusual significant hazard during participation, I understand that it is my responsibility to remove myself from participation and bring such to the attention of the nearest official immediately.
3. I, for myself, and on behalf of my heirs, assigns, personal representatives and next of kin, hereby RELEASE, INDEMNIFY AND HOLD HARMLESS, PACE Runs, Inc., Wilpower Fitness NYC, LLC, We Run Kings, LLC, its Officers and Employees, Brooklyn PACE its owners, race directors, officers, employees, servants, volunteers, representatives, NYC Parks Department, New York State, and agents from and against any and all claims, losses, damages, expenses (including attorneys’ fees, and all court and litigation costs) and liability (including statutory liability), resulting from injury and/or death of any person or damage to or loss of any property arising out of or in any way connected with this activity and my participation therein.
4. I understand that I am solely responsible for any and all expenses related to injuries and/or loss or damage of personal property incurred in connection with my participation in the activities in this program.
5. I agree that photographs, whether still or action, videos, film and/or motion pictures (hereinafter “Pictures”), and/or audio recordings (“Recordings”), may be taken of me by or on behalf of PACE Runs Inc., Brooklyn PACE, NYC PACE, Queens PACE, and in connection with this Activity, and, without any compensation or further notification or approval by me, grant to PACE Runs Inc., Brooklyn PACE, NYC PACE, Queens PACE, its agents, employees, and others working on PACE Runs behalf (“ PACE Runs Inc.”) the unlimited, perpetual, worldwide, unconditional and irrevocable right and license to use, distribute, publish, exhibit, digitize, broadcast, display, reproduce, make commercial use of and otherwise use directly or indirectly the Pictures, Recordings and/or my image, voice, likeness and/or video footage in any form, format or media (“Media”), for any purpose, including but not limited to advertising or trade or RACE-related activity in promoting or providing information about PACE Runs Inc., Brooklyn PACE, NYC PACE, Queens PACE and its running events and agree that all rights therein shall irrevocably, exclusively, unconditionally and perpetually belong to PACE Runs Inc., Brooklyn PACE, NYC PACE, Queens PACE, Wilpower Fitness NYC, We Run Kings, LLC. I agree to PACE Runs, Wilpower Fitness NYC, We Run Kings using my image and likeness to promote and advertising in video and print format on all social media platforms (Instagram, Facebook, Twitter , etc.), their website, and world wide internet.
6. I hereby agree to release and discharge PACE Runs Inc., Brooklyn PACE, NYC PACE, Queens PACE, its officers, representatives, employees, agents, licensees, successors, Wilpower Fitness NYC, LLC, We Run Kings, LLC and assigns from any and all claims, demands or causes of action that I may now have or may hereafter have for libel, defamation, invasion of privacy or right of publicity, infringement of copyright or violation of any other right arising out of or relating to any utilization of the Pictures, Recordings, or Media.
7. Please note that this events time is subject to change at anytime.
I hereby warrant that I am eighteen (18) years of age or older and competent to contract in my own name in so far as the above is concerned or that if I am under eighteen (18) years of age, my parent or legal guardian has reviewed and signed this release of liability and assumption of risk agreement.
I have read this release of liability and assumption of risk agreement, fully understand its terms, understand that I have given up substantial rights by signing it and sign it freely and voluntarily without any inducement. I, the undersigned, agree to the terms above.
COVID-19 Terms *
Terms and Conditions Regarding COVID-19:
I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing.
I further acknowledge that Wilpower Fitness NYC, LLC, We Run Kings, LLC, and PACE Runs, Inc have put in place preventative measures to reduce the spread of the Coronavirus/COVID-19.
I further acknowledge that Wilpower Fitness NYC, LLC, We Run Kings, LLC, and PACE Runs, Inc cannot guarantee that I will not become infected with the Coronavirus/Covid-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, salon staff, and other salon clients and their families.
I voluntarily seek services provided by Wilpower Fitness NYC, LLC, We Run Kings, LLC, and PACE Runs, Inc and acknowledge that I am increasing my risk to exposure to the Coronavirus/COVID-19. I acknowledge that I must comply with all set procedures to reduce the spread while attending my events.
I attest that:
* I am not experiencing any symptom of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
* I have not traveled internationally within the last 14 days.
* I have not traveled to a highly impacted area within the United States of America in the last 14 days.
* I do not believe I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19.
* I have not been diagnosed with Coronavirus/Covid-19 and not yet cleared as non contagious by state or local public health authorities.
* I am following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19.
I hereby release and agree to hold Wilpower Fitness NYC, LLC, We Run Kings, LLC, and PACE Runs, Inc harmless from, and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of the salon, or that may otherwise arise in any way in connection with any services received from Wilpower Fitness NYC, LLC, We Run Kings, LLC, and PACE Runs, Inc. I understand that this release discharges Wilpower Fitness NYC, LLC, We Run Kings, LLC, and PACE Runs, Inc from any liability or claim that I, my heirs, or any personal representatives may have against the salon with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from Wilpower Fitness NYC, LLC, We Run Kings, LLC, and PACE Runs, Inc. This liability waiver and release extends to the Wilpower Fitness NYC, LLC, We Run Kings, LLC, and PACE Runs, Inc together with all owners, partners, and employees.
