The Innsbrook Half Marathon & 10k Waiver Agreement

In consideration of my (“I”, “my” or “myself”) or on behalf of my child/ward’s (each a “Ward”) participation as a competitor, volunteer,  staff member, and/or spectator (any of the foregoing, a “Participant” and referred to as “I,” “my,” or “myself,” including any personal actions or those on behalf of Ward) in The Innsbrook Half Marathon & 10k or Big Rive Race Management (BRRM)-owned, operated, licensed or sponsored event(s) (any of the foregoing and any ancillary events/activities/operations related thereto, an “Event”), I  acknowledge, accept and agree to the following:

1.     I acknowledge that The Innsbrook Half Marathon & 10k (hereinafter called the "Event") is an extreme test of a person's physical and mental limits and carries with it the potential for property damage, personal injury, and death.  I acknowledge and agree that it is my responsibility to determine whether I am sufficiently fit and healthy to participate safely in the Event, and I attest and certify that I am sufficiently fit and healthy to participate.  I have no physical or medical condition that would interfere with my ability to participate safely in the Event or the ability of others to participate safely in the Event.  I accept responsibility for the adequacy of my equipment and my conduct in connection with the Event.  I understand that, although course monitors will be provided, there will be traffic on the course route.  I further understand that I am solely responsible for my own safety while traveling to and from, and participating in the Event.  

2.     I agree to abide by the Event rules and to abide by any decision of a race official relative to any aspect of my participation in this event, including the right of any official to deny or suspend my participation for any reason whatsoever. I attest that I have read the rules of the race and agree to abide by them.

3.     I understand and agree that my entry fee is not refundable for any reason, including any changes to the format or cancellation of the Event.

4.     I understand that I am participating in the Event at my own risk.  I acknowledge and ASSUME ALL OF THE RISKS related to my participation in the Event, including, but not limited to: falls, physical contact with other participants, volunteers, race personnel, contract service providers, employees, and spectators including the potential the contraction of a communicable disease resulting from contact with other participants, volunteers, race personnel, contract service providers, employees, and spectators.  I assume all risks including: the effects of the weather; high heat and/or humidity; freezing cold temperatures; traffic and the conditions of the road including surrounding terrain, with many steep hills on gravel roads.  In addition, I acknowledge the contagious nature of COVID-19 and other communicable diseases and voluntarily assume the risk that I may be exposed to or infected by COVID-19 and/or other communicable diseases by participating in this event. I acknowledge that such exposure or infection may result in personal injury, illness, permanent disability, and/or death. I understand that the risk of becoming exposed to or infected by COVID-19 in connection with my participation in this event and personally assume this risk.

5.    I understand that bicycles, skateboards, baby joggers/strollers, roller skates or inline skates, animals, and personal music players are not allowed in the race, and I will abide by all race rules.

 6.   On behalf of myself, my executors, administrators, heirs, next of kin, successors and assigns, and anyone else who might sue on my behalf, I HEREBY WAIVE, RELEASE, HOLD HARMLESS, and FOREVER DISCHARGE The Innsbrook Half Marathon & 10k, Innsbrook Corporation, Innsbrook Owners Association, Big River Race Management, USATF, and all Event sponsors, Event producers, Event staff, administrators, officials, contractors, vendors, employees, agents, representatives, organizers (including race directors), volunteers, and any other persons or entities involved with the Event (collectively, the "Released Parties"), from any and all illnesses, expenses, injuries, claims, causes of action, damages, losses (economic and non-economic), and liabilities of every kind (collectively "Claims"), for property damage, personal injury, or death, which may arise out of, result from, or relate to my participation in, or my traveling to or from, the Event, including, but not limited to, any Claims for theft, damage to any equipment, negligence, personal injury, partial or permanent disability, Claims relating to the provision of first aid, medical care, medical treatment, or medical decisions (at the Event site or elsewhere), and any Claims for medical or hospital expenses.

7.     I COVENANT and AGREE NOT TO SUE any of the Released Parties for any of the Claims that I have waived, released, or discharged herein.  

8.     I further agree to INDEMNIFY and HOLD HARMLESS the Released Parties from any and all expenses incurred, Claims made, or liabilities assessed against them (including attorneys’ fees and costs) arising out of, or resulting from, any of my actions or inactions that cause injury or damage to another person or other person’s property, any breach or failure on my part to abide by the Event rules, or any breach of failure on my part to abide by this Waiver, even though that liability may arise out of negligence or carelessness on the part of the persons named in this waiver.

9.     I grant to The Innsbrook Half Marathon & 10k, Big River Race Management and Event sponsors the right to use my image in all forms and media for marketing, promotional and for any legitimate purposes throughout the world and in perpetuity, and I hereby WAIVE and RELEASE any right to royalties from the use of my image by these entities. 

10.   Any parent or legal guardian who signs the Waiver Agreement on behalf of a minor, incapacitated, and/or mentally challenged person (hereinafter "Ward"), hereby acknowledges that he or she has the legal capacity and authority to act on behalf of Ward to legally bind Ward to the Waiver Agreement.  The parent or legal guardian who signs the Waiver Agreement agrees to indemnify and hold harmless the Released Parties for any expenses incurred, Claims made, or liabilities assessed against the Released Parties as a result of any insufficiency of legal capacity or authority to act on behalf of Ward in the execution of the Waiver Agreement.

11.  If any provision of this Waiver Agreement shall be unlawful, void, or unenforceable for any reason, then that provision shall be deemed severable from this Waiver Agreement and shall not affect the validity and enforceability of any remaining provisions.

Having read this waiver and knowing these facts and in consideration of your accepting my entry, I, for myself and anyone entitled to act on my behalf, waive and release Big River Race Management (BRRM), the Innsbrook Corporation, Innsbrook Owners Association and USATF, all event sponsors, their representatives and successors from all claims or liabilities of any kind arising out of my participation in this virtual event, and waive my ability to bring any legal action against the entities outlined in this waiver as I am voluntarily electing to run on my own as part of this virtual event.  I grant permission to all of the foregoing to use my photographs which I may share online as part of the event, personal data provided during registration and post-event reporting, video or audio recordings, or any other record of this event for any legitimate purpose.  I understand that this event does not provide for refunds in the event of a cancellation, and by signing this waiver, I consent that I am not entitled to a refund if the event is cancelled before or during the event.