In consideration of the opportunity provided by New York Road Runners, Inc. (“NYRR”) to participate in its events, I hereby voluntarily state, represent and agree as follows:
I am voluntarily entering or agreeing to participate in NYRR’s races, classes, expo, or other event(s), as well as activities related thereto (collectively, the “Events”). I agree not to enter or participate in any of the Events 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 Events to determine if I am medically able to participate in the Events. 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; physical injury from the act of running itself; 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 Waiver/Release and knowing these facts, and in consideration of your acceptance of my application for the Event(s), 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 any and all 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 further acknowledge that the Releasees reserve 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.
GEOLOCATION TRACKING AUTHORIZATION AND WAIVER: I understand and acknowledge that NYRR will use a radio-frequency identification (“RFID”) tag in my race bib to track my geolocation during any Events in which I participate, and that such information will allow anyone, including the general public, to use the NYRR website and/or applications to determine my geographic location during the Events and to connect it to my name, gender, age, distance run, net time, pace per mile, overall place, gender place, age place, age-graded time, age-graded performance percentage and/or, if applicable, race-day photos (each individual and collectively “Race Results”). I voluntarily agree to have my geolocation information tracked and published.
If during the Events I do not want NYRR to publish my geolocation information I understand that I may opt-out by sending an email to NYRR’s Runner Services at firstname.lastname@example.org no later than five (5) business days before the Events. I acknowledge and agree that my official Race Results will still be published after the Events on NYRR’s website and/or applications.
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, including but not limited to age, gender, domicile, race results, 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 Events 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.