Pi - K Liability Waiver
I am voluntarily entering or agreeing to participate in a Pi-K Run, LLC Race (the “Event”). I agree not to enter or participate in the Event unless I am healthy, medically able and properly trained and agree that it is my responsibility to consult with a physician prior to my participating in the Event to determine if I am medically able to participate in the Event. I recognize that since the Event is a race, there may be no Event official present, and I am responsible for my own health, safety, and security during the Event. However, if an Event official is present, I agree to abide by any decision of an Event official relative to my ability to safely complete the Event.
I recognize that participation in the Event is a potentially hazardous activity and I willingly assume all risks associated with such participation, including, but not limited to, illnesses; contagious diseases; physical, emotional, or mental injuries; falls; contact with other people; vehicular or other traffic accidents or collisions; the effects of the weather, including heat and/or humidity, wind, cold, and wet or slippery surfaces; obstacles or other hazards on or along the course, path, or adjacent areas; falling tree branches or other overhead objects; and the crowded nature and other conditions of the course all such risks being known and appreciated by me.
LIABILITY WAIVER AND RELEASE: Having read this Waiver/Release and knowing these facts, and in consideration of your acceptance of my application for the Event, I, for myself and anyone entitled to act on my behalf, do hereby waive, release, discharge, hold harmless, and covenant not to sue Pi-K Run, LLC, or any Event sponsors, and other representatives, agents, and successors of each of the foregoing (the “Releasees”), from any and all present and future claims and liabilities of any kind, known or unknown, arising out of or relating to my participation in the Event or use of the Strava website or app, even though such claim or liability may arise out of negligence or fault on the part of any of the Releasees.
I further acknowledge that the Releasees reserve the right to change the details (such as the date, start time, and distance) of the Event at any time for any reason, and I hereby waive and release any claims that I may have as a result of any such change.
PUBLICITY RELEASE: I grant permission to Pi-K Run, LLC to use, publish or license or authorize others to use, publish or license any photographs, motion pictures, video or sound recordings, and/or any other record of my participation in the Events, including, but not limited to my portrait, picture, likeness, image and/or personal information, such as name, age, gender, domicile, race results, club affiliation, for any purpose without remuneration.
ARBITRATION: I do hereby agree that any current or future controversy or claim between me and any of the Releasees (including their former, current, or future related affiliated entities) and/or between me and any of the Releasees’ former, current, or future partners or employees (in their institutional or personal capacities) (each a “Covered Person”) arising out of or relating to my participation in the Event must be resolved by confidential, final and binding arbitration administered by JAMS, The Resolution Experts (“JAMS”), and conducted in accordance with the then-current JAMS Arbitration Rules & Procedures (the “Rules”) by a private and impartial arbitrator to be jointly selected by me and the Releasees from a list of neutral arbitrators provided by JAMS. I further agree that the arbitrator shall have the power to award any remedies, including attorneys’ fees and costs, available under applicable law, except punitive or exemplary damages. I acknowledge that judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction, and that the award may be vacated or modified only on the grounds specified in the Federal Arbitration Act or other applicable law. I understand that any arbitration conducted pursuant to this agreement shall take place in New York County, New York.
In agreeing to submit all disputes for resolution by arbitration, I acknowledge that such agreement is given in exchange for rights or benefits to which I am not otherwise entitled and the more expeditious and confidential resolution of any such disputes.
CLASS/COLLECTIVE WAIVER: I hereby agree that all claims must be pursued on an individual basis only. By signing this agreement, I hereby waive my right to commence, or be a party to, any class or collective claims or to bring jointly any claim against the Releasees with any other person.
ACKNOWLEDGMENT OF UNDERSTANDING: I HAVE READ THIS WAIVER/RELEASE, AND I FULLY UNDERSTAND ITS TERMS AND CONDITIONS AND UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO BRING ACTIONS AGAINST THE RELEASEES. I ACKNOWLEDGE THAT I AM SIGNING THE WAIVER/RELEASE FREELY AND VOLUNTARILY, AND THAT I INTEND BY MY SIGNATURE TO COMPLETELY AND UNCONDITIONALLY RELEASE THE RELEASEES TO THE FULLEST EXTENT ALLOWED BY LAW.
I EXPRESSLY AGREE THAT THIS WAIVER/RELEASE IS INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY THE LAWS OF THE STATE OF NEW YORK AND THAT THIS WAIVER SHALL BE GOVERNED BY AND INTERPRETED BY THE LAWS OF THE STATE OF NEW YORK. I AGREE THAT IN THE EVENT THAT ANY CLAUSE OR PROVISION OF THIS WAIVER/RELEASE SHALL BE HELD TO BE INVALID, THE INVALIDITY OF SUCH CLAUSE OR PROVISION SHALL NOT OTHERWISE AFFECT THE REMAINING PROVISIONS OF THIS WAIVER/RELEASE, WHICH SHALL CONTINUE TO REMAIN IN FULL FORCE AND EFFECT.
