The following is the Waiver and Release of Liability for the BFCS- Gilbert Color Run. When you register for the Color Run, you are agreeing to the terms listed in this Waiver and Release of Liability.
You can register for the Color Run at the FPAC online store (link listed on the right side of home page) or use the form provided at the school.
WAIVER AND RELEASE OF LIABILITY
In consideration of the risk of injury while
participating in Family Fun Night – Color Run (the “Activity”) and as
consideration for the right to participate in the Activity, I hereby, for
myself, my heirs, executors, administrators, assigns or personal
representatives, knowingly and voluntarily enter into this waiver and release
of liability and hereby waive any and all rights, claims or causes of action of
any kind whatsoever arising out of my participation in the Activity, and do
hereby release and forever discharge Benjamin Franklin Charter School- Franklin
Parent Advisory Council (BFCS-FPAC), located at 1475 S. Val Vista Rd., Gilbert,
Arizona 85296, their affiliates, managers, members, agents, attorney’s, staff,
volunteers, heirs representatives, predecessors, successors and assigns, for
physical or psychological injury, including but not limited to illness,
paralysis, death, damages, economical or emotional loss, that I may suffer as a
direct result of my participation in the aforementioned Activity, including
traveling to and from an event related to this Activity.
I am voluntarily participating in the
aforementioned Activity and I am participating in the Activity entirely at my
own risk. I am aware of the risks
associated with traveling to and from as well as participating in this
Activity, which may include, but are not limited to, physical or psychological
injury, pain, suffering, illness, disfigurement, temporary or permanent
disability (including paralysis), economic or emotional loss, and death, I
understand that these injuries or outcomes may arise from my own or others’
negligence, conditions related to travel, or the condition of the Activity
location(s). Nonetheless, I assume all
related risks, both known or unknown to me, of my participation in this
Activity, including travel to, from and during this Activity.
I agree to indemnify and hold harmless
BFCS-FPAC against any and all claims, suits or actions of any kind whatsoever
for liability, damages, compensation or otherwise brought by me or anyone on my
behalf, including attorney’s fees and any related costs, if litigation arises pursuant
to any claims made by me or by anyone else acting on my behalf. If BFCS-FPAC incurs any of these types of
expenses, I agree to reimburse BFCS-FPAC.
I acknowledge that BFCS-FPAC and their
directors, officers, volunteers, representatives and agents are not responsible
for errors, omissions, acts or failures to act of any party or entry conducting
a specific event or activity on behalf of BFCS-FPAC.
I acknowledge that this Activity may involve
a test of a person’s physical and mental limits and may carry with it the
potential for death, serious injury, and property loss. The risks may include, but are not limited
to, those caused by terrain, facilities, temperature, weather, lack of
hydration, condition of participants, equipment, vehicular traffic and actions
of others, including but not limited to participants, volunteers, spectators,
coaches, event officials and event monitors and/or producers of the event.
I acknowledge that I have carefully read this
“waiver and release” and fully understand that it is a release of
liability. I expressly agree to release
and discharge BFCS-FPAC and all of its affiliates, managers, members, agents,
attorneys, staff, volunteers, heirs, representatives, predecessors, successors
and assigns, from any and all claims or causes of action and I agree to
voluntarily give up or waive any right that I otherwise have to bring a legal
action against BFCS-FPAC for personal injury or property damage.
To the extent that statute or case law does
not prohibit releases for negligence, this release is also for negligence on
the part of BFCS-FPAC, its agents, and employees.
In the event that I should require medical
care or treatment, I agree to be financially responsible for any costs incurred
as a result of such treatment. I am
aware and understand that I should carry my own health insurance.
In the event that any damage to equipment or
facilities occurs as a result of my or my family’s willful actions, neglect or
recklessness. I acknowledge and agree to
be held liable for any and all costs associated with any actions of neglect or
recklessness.
This agreement was entered into at
arm’s-length, without duress or coercion, and is to be interpreted as an
agreement two parties of equal bargaining strength. Both the Participant and BFCS-FPAC agree that this Agreement is clear and unambiguous as to its
terms, and that no other evidence will be used or admitted to alter or explain
the terms of this Agreement, but that it will be interpreted based on the language
in accordance with the purposes for which it is entered into.
In the event that any provision contained
within this Release of Liability shall be deemed to be severable or invalid, or
if any term, condition, phrase or portion of this agreement shall be determined
to be unlawful or otherwise unenforceable the remainder of this agreement shall
remain in full force and effect, so long as the clause severed does not affect
the intent of the parties. If a court should
find that any provision of this agreement to be invalid or unenforceable, but
that by limiting said provision it would become valid and enforceable, then
said provision shall be deemed to be written construed and enforced as so
limited.
