Another Run Club Liability Waiver
In consideration of 42-18, LLC doing business as InsideHook (“InsideHook”) accepting my entry into its social running club known as “Another Run Club” (“Club”) and allowing me to participate in the Club’s various events and activities, I hereby agree as follows:
1. Acknowledgement. I acknowledge that InsideHook, its agents, representatives, employees, contractors, volunteers, and sponsors cannot assure my safety during participation in Club activities. I acknowledge that participation in Club activities exposes me to risks, including without limitation falls, running-related injuries, conditions of the road and traffic, contact with other participants, effects of weather (including high heat and/or humidity), and other risks, known and unknown, expected and unexpected. I understand that my participation in Club activities is strictly voluntary on my part and is at my own risk.
2. Release and Indemnification. I, for myself, my heirs, executors, administrators, successors, and assigns, hereby release, waive, and forever discharge and hold harmless InsideHook, its agents, representatives, employees, contractors, volunteers, and sponsors, and their successors and assigns (collectively “Club Parties”) of and from all claims, losses, demands, damages, costs, and expenses, including court costs and attorney fees, whether in law or equity, in connection with death, personal injury, or loss or damage to personal property arising out of my participation in Club activities, whether as a participant, spectator, or otherwise (collectively, “Claims”), whether or not the Claims result from my following the instructions or recommendation of any of the Club Parties. I agree, at my own expense, to indemnify, defend, and hold harmless InsideHook and all Club Parties from all Claims.
3. Confirmation. I confirm that (a) I have read and understand the terms of this Release and Waiver, (b) I accept the terms voluntarily and freely, (c) no oral representations, statements, or inducements apart from the foregoing terms have been made to me, (d) I am at least 18 years of age and fully competent to agree to this Release and Waiver, and (e) I accept the terms of this Release and Waiver for full and adequate consideration intending to be bound by it.
4. Governing Law; Jurisdiction. I agree that this Release and Waiver and any claim arising out of it shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of laws principles and that, in the event that an unresolved dispute arises over the enforcement, interpretation, construction, or breach of this Release and Waiver, such dispute shall be subject to the exclusive personal jurisdiction of any state or federal court sitting in New York County, New York. I hereby waive any objection based on venue or forum non conveniens with respect to any action instituted therein.
5. Permission for Photography & Usage. For valuable consideration received, I acknowledge that Another Run Club and InsideHook, as well as their legal representatives and assignees, have the irrevocable and unrestricted right to use and publish in perpetuity any photographs captured at Another Run Club events, that include me, or in which I may be included, for any and all marketing purposes, and to alter and composite the photographs without restriction and without my inspections or approval. I hereby release Another Run Club and InsideHook and their legal representatives and assignees from all claims and liabilities relating to said photographs.