In consideration of the opportunity provided by New York Road Runners, Inc. (“NYRR”) to volunteer in its events, I hereby voluntarily state, represent and agree as follows:
I am voluntarily entering or agreeing to be an unpaid volunteer at one or more New York Road Runners races, classes, or other event(s), as well as activities related thereto (collectively, the "Events"). I agree not to enter or volunteer at any of the Events unless I am medically able and properly trained. I agree to abide by any decision of an Event official relative to my ability to safely complete any Event.
I recognize that participation in the Events is a potentially hazardous activity and I willingly assume all risks associated with such participation, including, but not limited to, falls; contact with other participants, spectators, or others, or vehicular or other traffic; the effects of the weather, including heat and/or humidity, wind, cold, and wet or slippery surfaces; falling tree branches or other overhead objects; traffic; 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 Volunteer Waiver/Release and knowing these facts, and in consideration of your acceptance of my application for the Event(s), being permitted to volunteer and being provided with an item of clothing that I will wear while volunteering but be allowed to retain after conclusion of my volunteer services, I, for myself and anyone entitled to act on my behalf, do hereby waive, release, discharge, hold harmless, and covenant not to sue (a) New York Road Runners, Inc.; U.S.A. Track & Field and its constituent associations; the City of New York, its agencies, departments and officials; (b) all sponsors and officials of the Event(s); (c) the employees, and volunteers, including medical volunteers; and (d) all owners and lessors of premises on or in which any Event takes place, and other representatives, agents, and successors of each of the foregoing (the “Releasees”), from present and future claims and liabilities of any kind, known or unknown, arising out of my participation in the Events, even though such claim or liability may arise out of negligence or fault on the part of any of the Releasees. I hereby acknowledge that I am volunteering my services for the Event or Events, that I am not an employee of any of the Releasees, and that I am waiving my right to receive the minimum wage pursuant to federal law and New York State’s Minimum Wage Act (Article 19 of the New York State Labor Law).
I further acknowledge that NYRR reserves the right to change the details (such as the date, start time, course, and distance) of, and amenities offered at, the Events 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.
MEDICAL AUTHORIZATION: I grant the Releasees and their designees, including NYRR’s Medical Director, permission to administer or arrange for any medical assistance that they deem necessary or appropriate as a result of my participation in the Events, including without limitation, arranging transportation to a hospital or other medical facility. I also grant the Releasees access to my medical records and physicians, as well as other information, relating to medical care that may be administered to me at any such medical facility as a result of my participation in the Events.
PUBLICITY RELEASE: I grant permission to the Releasees to use or authorize others to use any photographs, motion pictures, video or sound recordings, and/or any other record of my participation in the Events, including my name, portrait, picture, likeness, image, and/or biographical information for any purpose without remuneration.
GUARDIAN’S PERMISSION AND RELEASE FOR MINOR: If I am or will be applying for my child to participate in, or be an unpaid volunteer at, any Events, I represent and warrant that I am the parent or legal guardian of the child and, as such, consent to my child’s participation in the Events and I agree that the terms of the foregoing Waiver, Releases, and Authorizations apply equally to my child and me and any claims I or my child may have in connection with the Events. I also waive any derivative claims that relate to or arise out of my child’s participation in the Events.
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 volunteering activities with the Releasees must be submitted to confidential, final, and binding resolution by a private and impartial arbitrator to be jointly selected by me and the Releasees from a list of neutral arbitrators provided by JAMS, The Resolution Experts (“JAMS”), and that the arbitration will be conducted in accordance with the then-current JAMS Employment Arbitration Rules & Procedures (the “Rules”). I further agree that the arbitrator shall have the power to award any remedies, including attorneys’ fees and costs, available under applicable law. 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, New York, unless an alternative location is chosen by mutual written agreement of the Parties.
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 – namely, being permitted to volunteer at the Event or Events, being provided with an item of clothing that I will wear while volunteering but be allowed to retain after conclusion of my volunteer services 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.