This RELEASE, HOLD HARMLESS, AND COVENANT NOT TO SUE by and between Never Walk Alone, Inc. (hereinafter “NWA”), the Miami Firefighters Benevolent Association (hereinafter “MFFBA”), the City of Miami Department of Fire Rescue (“MFD”) and____Person Completing this form_________________________ (hereinafter “Participant”) (and if Participant is under the age of eighteen (18) Participant’s authorized legal guardian, named ______Person Completing this form_________________, executed this __(On Form)___ day of _February__, 2024, is an acknowledgement of the obligations of Participant with respect to Participant’s participation in physical/sporting activities operated by NWA/MFFBA.
WHEREAS, there are certain inherent risks associated with participating in any sporting activity, inclusive of the proposed 5k run and associated event activities contemplated by NWA/MFFBA on or about February 24, 2024 (“Event” or “Activities”); and
WHEREAS, these risks include, but are certainly not limited to: (1) minor injuries such as scratches, cuts, bruises, and strains; and (2) major injuries such as injuries to the eyes, infection, contracting a virus or disease, loss of sight, joint injuries, back injuries, heart attacks, concussions, paralysis, exposure to animals including emergency working K9’s (who may or may not participate in the Event or come in direct and/or indirect contact or be in proximity of Participant), and even death; and
WHEREAS, NWA/MFFBA strongly encourages Participants and their parent/legal guardian(s) to consider all the possible effects, injuries, ailments, or injuries possible as a result of participating in the Event/Activities, and to consult with a licensed medical professional prior to such involvement, as it relates to their health and wellbeing in the short and long term; and
WHEREAS, each party hereto acknowledges and agrees that NWA/MFFBA wishes to operate the Event in a responsible and safe manner, and all wish to ensure that Participant behaves responsibly to maintain the highest level of safety for all involved;
The Participant and his/her parent/legal guardian hereby do unequivocally and completely RELEASE, HOLD HARMLESS, AND COVENANT NOT TO SUE NWA/MFFBA/MFD, its affiliates, employees, volunteers, agents, and/or associated entities or instrumentalities against any and all liability, claims, or causes of action whatever, that may arise as a result of Participant’s engaging in the Event and/or associated Activities.
The Participant and his/her parent/legal guardian do hereby agree to comply with all NWA/MFFBA guidelines associated with Participant’s participation in the Event. Participant agrees to accept any and all responsibility for failure to comply with the aforementioned rules and regulations, or any future guidelines or rules imposed by NWA/MFFBA, regardless of whether expressed in this Agreement.
I, the undersigned, in consideration for participating in the Event hosted and operated by NWA/MFFBA, have read, understand, and expressly agree to the following:
A. Risk of Personal Injury
I understand that engaging in both individual and group sporting activities, such as the Event, can be considered inherently dangerous, and that the risks of such participation are numerous, and include, but are not limited to, the following: DEATH, PARALYSIS, HEAD INJURIES, BROKEN BONES, CUTS, SCRAPES, DAMAGE TO GEAR, AND CLOTHING, AND CAUSING DAMAGE TO AND/OR INJURING OTHERS; falling; loss of control; encountering structures, ropes, poles, vehicles, or other man-made or naturally occurring obstacles; encountering NEGLIGENCE of other participants, persons, or vehicles; or NEGLIGENT actions of NWA/MFFBA.
B. Conditions and Representations
I. All instructions for Participant’s participation in the Event have been made clear to Participant and his/her parent/legal guardian, and Participant and his/her parent/legal guardian accept full responsibility for Participant’s actions and participation in the Event, and agree that the NWA/MFFBA does not owe any duty of care to the undersigned with respect to Participant’s participation therein.
II. I, Participant, am physically and mentally able to participate in the Event and/or sporting Activities contemplated herein, and I am familiar with its physical and mental requirements and inherent risks involved.
III. I will read and follow all instructions and guidelines. I agree that NWA/MFFBA may limit or stop my participation at any time for any reason, including but not be limited to unsafe or rude conduct, or failure to obey instructions or any violations of the terms of this agreement and/or waiver.
C. RELEASE OF ALL LIABILITY (INCLUDING NWA/MFFBA NEGLIGENCE).
I AGREE TO FULLY RELEASE, HOLD HARMLESS, AND DISCHARGE INSERT FROM ANY AND ALL LIABILITY, AND COVENANT NOT TO SUE NWA/MFFBA/MFD for any damages, injuries, or claims, including any injuries or damages occurring from any negligence of the NWA/MFFBA/MFD to myself or any other person or property, as a result my participation in the Event. I fully understand and agree to release, discharge, hold harmless, and covenant not to sue NWA/MFFBA/MFD, forever, for any alleged negligence in causing any such injuries or damage, in whole or in part, to myself, my property, or other person or property.
D. EXPRESS ASSUMPTION OF RISK.
I EXPRESSLY ASSUME ALL RISK OF LOSS, DAMAGE TO PROPERTY OR ANY BODILY INJURY OCCURRING AS A RESULT OF PARTICIPATING IN THE INHERANTLY DANGEROUS ACTIVITIES DESCRIBED HEREIN, TO INCLUDE THE NEGLIGENCE OF NWA/MFFBA.
PARTICIPANT AND HIS/HER PARENT/LEGAL GUARDIAN AGREE THAT EVEN IF NWA/MFFBA/MFD, AND/OR ANY OF THEIR AFFILIATES, DIRECTORS, OFFICERS, OFFICIALS, EMPLOYEES, AGENTS OR VOLUNTEERS USES REASONABLE CARE IN PROVIDING THESE ACTIVITIES, THERE IS A CHANCE (YOURSELF OR) YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN SUCH ACTIVITIES BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. UPON SIGNING THIS FORM YOU ARE GIVING UP YOUR (OR YOUR CHILD’S) RIGHT AND YOUR RIGHT TO RECOVER FROM NWA/MFFBA/MFD, AND/OR ANY OF THEIR AFFILIATES, DIRECTORS, OFFICERS, OFFICIALS, EMPLOYEES, AGENTS OR VOLUNTEERS IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH TO YOUR CHILD, OR ANY OTHER RELATED OR UNRELATED CASUE OF ACTION, OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITIES.
YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND NWA/MFFBA/MFD, AND/OR ANY OF THEIR AFFILIATES, DIRECTORS, OFFICERS, OFFICIALS, EMPLOYEES, AGENTS OR VOLUNTEERS HAS THE RIGHT TO REFUSE TO LET PARTICIPANT PARTICIPATE IN THE ACTIVITIES IF THIS AGREEMENT IS NOT EXECUTED.
E. PARTICIPANT PROMISE TO INDEMNIFY AND HOLD HARMLESS.
I AGREE NO LAWSUIT WILL BE FILED BY ME OR ON MY BEHALF AGAINST NWA/MFFBA/MFD as a result of my participation in the Event/Activities. If a lawsuit is filed by any person or entity, I agree to pay any and all attorney fees, costs, claims, or judgments incurred by NWA/MFFBA/MFD, even in the event that NWA/MFFBA/MFD is found negligent.
I understand this is a legally binding contract, which limits my legal rights, and it is binding upon me, my heirs, and legal representatives. If portions of this agreement are deemed invalid by a court of competent jurisdiction, it is hereby agreed that the remaining portions will remain intact and enforceable, as if the invalid provision/language was severed. By signing this Agreement, the Participant and his/her parent/legal guardian acknowledges that they have fully read and understand the above and foregoing.
