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Waiver
PARTICIPATION WAIVER AND RELEASE
OF LIABILITY AND PUBLICITY AND AGREEMENT TO INDEMNIFY
I. Acknowledgement of Risk-- Participants. I acknowledge and agree that running and walking a road race is a potentially hazardous activity. I also understand that I should not enter into any of the road races, challenges or other events created, conducted and/or operated by Beyond Monumental, whether in-person or virtual, and including, without limitation, the CNO Financial Indianapolis Monumental Marathon, the CNO Financial Indianapolis Monumental Half Marathon, the CNO Financial Indianapolis Monumental Marathon 5K, the Monumental Kids Fun Run, the Indianapolis Monumental Mile, the Indy Half Marathon at Fort Ben, the Indy Half Marathon 5K and the Kids One Mile Run (each hereinafter defined as an "Event," and collectively, the "Events") or related activities unless I am medically able and properly trained. I further acknowledge and agree that my participation in any of the Events is entirely my responsibility. In consideration of Beyond Monumental allowing me to participate in any such Events, I expressly and voluntarily assume responsibility for all risk of personal injury, illness, death, damages of any kind physical or personal, or loss I may sustain related to the Events or any such personal injury, illness, death or loss associated in any way with the Events, even if such personal injury, illness, death, damages of any kind physical or personal, or loss is caused, in whole or in part, by the negligence or gross negligence of any of the Released Parties (defined below). For purposes of this Release, the term "loss" shall mean all damages, losses, costs, and injuries or illnesses of every kind and character, including, but not limited to, all economic damages, physical or property damages, loss of business opportunities, embarrassment, mental anguish, loss of consortium, loss of services, loss of companionship, and loss of employment. I understand that I am liable for any injury, illness or damage caused, or claimed to be caused, by my participation in the Events.
II. Acknowledgement of Risk -- Volunteers. As a volunteer for Beyond Monumental, I acknowledge and agree that some volunteer activities may be potentially hazardous. I also understand that I should not enter into any volunteer activities created, conducted and/or operated by Beyond Monumental (all volunteer activities, including the activities defined as the "Events" above in Article I are hereafter collectively referred to as “Events”) unless I am medically able. I further acknowledge and agree that my participation as a volunteer for any of the Events is entirely my responsibility. In consideration of Beyond Monumental allowing me to volunteer for any such Events, I expressly and voluntarily assume responsibility for all risk of personal injury, illness, death, damages of any kind physical or personal, or loss I may sustain related to the Events or any such personal injury, illness, death or loss associated in any way with the Events, even if such personal injury, illness, death, damages of any kind physical or personal, or loss is caused, in whole or in part, by the negligence or gross negligence of any of the Released Parties (defined below). For purposes of this Release, the term "loss" is defined above in Article I. I understand that I am liable for any injury, illness or damage caused, or claimed to be caused, by my volunteering for the Events.
III. Acknowledgement of Grant of Rights. For additional good and valuable consideration, the receipt of which is hereby acknowledged, I, hereby irrevocably grant to Beyond Monumental and its designees, sponsors, successors and assigns, the absolute, unrestricted right and permission to record, film, photograph, videotape, copy, reproduce, adapt, edit, copyright, publish, exhibit, distribute, perform and otherwise exploit by any manner and in any and all media now known or hereafter devised throughout the world in perpetuity, my names, likenesses, images, photographs, appearances, voice, statements and testimonials (collectively, the "Appearances") in and in connection with my participation in the Events; the creation and use of marketing and promotional materials for publicizing, advertising, and promoting the Events (past, present and future Events); and the creation and use of marketing and promotional materials by Beyond Monumental's sponsors for publicizing, advertising and promoting such sponsors involvement with such Events and any of such sponsors related products or services (collectively, "Marketing Materials").
IV. Waiver of Approval of Materials. I hereby waive any right to inspect or approve the Marketing Materials or the uses of my Appearances in such Marketing Materials. Nothing herein shall constitute any obligation on Beyond Monumental or its designees or sponsors to make any use of my Appearances or the Marketing
Materials or any of the rights set forth herein.
V. Acknowledgement of No Fee. I acknowledge and agree that no compensation, monetary or otherwise, has been promised to me or will be payable to me under any circumstances in connection with Beyond Monumental or its designees or sponsors' use of my Appearances or the Marketing Materials.
VI. General Release and Waiver of Liability. Recognizing Beyond Monumental's reliance upon the release of liability in this agreement, and that Beyond Monumental and its sponsors are incurring considerable expenses based on the release of liability in this agreement and the creation of the Marketing Materials, I hereby irrevocably release and agree to hold harmless and indemnify Beyond Monumental; all of its sponsors, including, without limitation, CNO Financial Group, Inc.; Beyond Monumental’s and its sponsors’ respective parent and subsidiary companies, licensees, successors and assigns, directors, officers, employees, attorneys, contractors and agents; race officials, workers and volunteers; the State of Indiana; and the City of Indianapolis, the City of Lawrence or other applicable municipality (the "Released Parties"); from any and all claims, including monetary claims, that I or any person or entity on my behalf, now have or may ever have in connection my participation in the Events, my Appearances hereunder or Beyond Monumental's or its sponsors' use of the Marketing Materials. I acknowledge and agree that I shall not have any right to rescind or alter this agreement or the terms hereof.
VII. Ownership of Materials. I acknowledge and agree that Beyond Monumental or its designees or sponsors are the sole, exclusive and perpetual owner of all my endeavors with respect to the Marketing Materials throughout the world. To the extent the Marketing Materials and/or the results and proceeds of my Appearances in the Marketing Materials are determined not to be a work made for hire for Beyond Monumental, its designees or sponsors, I hereby assign to Beyond Monumental, its designees or sponsors, as applicable, all right, title and interest in and to such Marketing Materials and any results and proceeds of my Appearances in the Marketing Materials together with all rights (including copyright and other proprietary rights) in and to such Marketing Materials throughout the world in perpetuity.
VIII. Governing Law. This agreement has been entered into in the State of Indiana, and the validity, interpretation and legal effect of this agreement shall be governed by the laws of the State of Indiana. The Indiana courts (state and federal) shall have sole jurisdiction of any controversies regarding this agreement, any action or other proceeding which involves such a controversy shall be brought in those courts, and not elsewhere. If any part of this agreement, shall be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect the remainder of this agreement, which shall continue in full force and effect, or the application of this agreement to the remaining parties.
IX. Representations and Agreement to Terms and Conditions. I also represent that: (i) I have read the foregoing agreement and have been given an opportunity to ask questions about its contents and/or to seek the advice of an attorney; (ii) I fully understand its contents and the waiver of legal rights contained therein; (iii) I am at least 18 years or older, and if I am not at least 18 years or older I have the permission of my parent or legal guardian to enter into this agreement; (iv) I have the right to enter into this agreement; and (v) I voluntarily, and without any inducement, agree to the terms and conditions set forth therein.
X. Cancellation of Event. I understand the Events may be cancelled due to conditions outside the control of Beyond Monumental, for the safety and well-being of staff, participants, volunteers and the community, in the case of an act of God, war, fire, strike, government regulation, severe weather, civil unrest, pandemic or other severe outbreak of disease, bans on public gatherings, threat of terrorism, or other unforeseen circumstances that would make the Events non-viable, and, if so, I consent that I am not entitled to a refund or deferral once my registration is complete.
XI. Drug Testing; Event Rules. I also acknowledge and understand that any athletes that participate in the Events may be subject to formal drug testing in accordance with USATF and IAAF rules, in accordance with USOC, USADA, or IAAF procedures. Athletes found, after a disciplinary hearing, to test positive for prohibited substances, as defined by the WADA Code and/or IAAF, or who refuse to be tested, will be disqualified from the Events and may lose eligibility for future competitions. Any prize money payable to an athlete who has tested positive shall be withheld until the final disposition of all disciplinary proceedings. BEWARE: Some prescriptions, over the counter medications, and nutritional supplements may contain prohibited substances. Information regarding drugs and drug testing may be obtained by calling the USADA Reference Hotline at 1- 800-233-0393, or www.usantidoping.org.
XII. Dog Wave Participants. Dogs must be appropriately leashed and under your control at all times. I acknowledge and agree my dog will be current on rabies & distemper shots as of the date of the Event. Beyond Monumental reserves the right to turn away any dog considered a threat to other dogs or participants.
Please Sign Below
Your signature will signify your understanding, acceptance, and authorization to accept the conditions of this legal document, including the following statements:
• I have read, have understood, and do accept the agreement above.
• I understand that this is a legal document with effects that I approve and authorize.
• The registrant is the person(s) whose name is submitted as the recipient of the goods and services provided as a result of this transaction.
• I am authorized to agree to the terms of this document on behalf of the registrant.
• If the registrant is under 18 years of age, incapacitated, or mentally challenged, I assert that I am the parent/legal guardian or otherwise authorized to execute a legally binding agreement on behalf of the registrant.
You must be at least 18 years of age to legally complete this registration. If the registrant is under 18, an authorized adult must complete this form.
IF EIGHTEEN OR OVER:
Signature of Participant/Volunteer Print Name
Dated
IF UNDER EIGHTEEN:
Print Name of Participant/Volunteer
Signature of Parent or Guardian Print Name of Parent or Guardian
Dated
PARTICIPATION WAIVER AND RELEASE
OF LIABILITY AND PUBLICITY AND AGREEMENT TO INDEMNIFY
I. Acknowledgement of Risk-- Participants. I acknowledge and agree that running and walking a road race is a potentially hazardous activity. I also understand that I should not enter into any of the road races, challenges or other events created, conducted and/or operated by Beyond Monumental, whether in-person or virtual, and including, without limitation, the CNO Financial Indianapolis Monumental Marathon, the CNO Financial Indianapolis Monumental Half Marathon, the CNO Financial Indianapolis Monumental Marathon 5K, the Monumental Kids Fun Run, the Indianapolis Monumental Mile, the Indy Half Marathon at Fort Ben, the Indy Half Marathon 5K and the Kids One Mile Run (each hereinafter defined as an "Event," and collectively, the "Events") or related activities unless I am medically able and properly trained. I further acknowledge and agree that my participation in any of the Events is entirely my responsibility. In consideration of Beyond Monumental allowing me to participate in any such Events, I expressly and voluntarily assume responsibility for all risk of personal injury, illness, death, damages of any kind physical or personal, or loss I may sustain related to the Events or any such personal injury, illness, death or loss associated in any way with the Events, even if such personal injury, illness, death, damages of any kind physical or personal, or loss is caused, in whole or in part, by the negligence or gross negligence of any of the Released Parties (defined below). For purposes of this Release, the term "loss" shall mean all damages, losses, costs, and injuries or illnesses of every kind and character, including, but not limited to, all economic damages, physical or property damages, loss of business opportunities, embarrassment, mental anguish, loss of consortium, loss of services, loss of companionship, and loss of employment. I understand that I am liable for any injury, illness or damage caused, or claimed to be caused, by my participation in the Events.
II. Acknowledgement of Risk -- Volunteers. As a volunteer for Beyond Monumental, I acknowledge and agree that some volunteer activities may be potentially hazardous. I also understand that I should not enter into any volunteer activities created, conducted and/or operated by Beyond Monumental (all volunteer activities, including the activities defined as the "Events" above in Article I are hereafter collectively referred to as “Events”) unless I am medically able. I further acknowledge and agree that my participation as a volunteer for any of the Events is entirely my responsibility. In consideration of Beyond Monumental allowing me to volunteer for any such Events, I expressly and voluntarily assume responsibility for all risk of personal injury, illness, death, damages of any kind physical or personal, or loss I may sustain related to the Events or any such personal injury, illness, death or loss associated in any way with the Events, even if such personal injury, illness, death, damages of any kind physical or personal, or loss is caused, in whole or in part, by the negligence or gross negligence of any of the Released Parties (defined below). For purposes of this Release, the term "loss" is defined above in Article I. I understand that I am liable for any injury, illness or damage caused, or claimed to be caused, by my volunteering for the Events.
III. Acknowledgement of Grant of Rights. For additional good and valuable consideration, the receipt of which is hereby acknowledged, I, hereby irrevocably grant to Beyond Monumental and its designees, sponsors, successors and assigns, the absolute, unrestricted right and permission to record, film, photograph, videotape, copy, reproduce, adapt, edit, copyright, publish, exhibit, distribute, perform and otherwise exploit by any manner and in any and all media now known or hereafter devised throughout the world in perpetuity, my names, likenesses, images, photographs, appearances, voice, statements and testimonials (collectively, the "Appearances") in and in connection with my participation in the Events; the creation and use of marketing and promotional materials for publicizing, advertising, and promoting the Events (past, present and future Events); and the creation and use of marketing and promotional materials by Beyond Monumental's sponsors for publicizing, advertising and promoting such sponsors involvement with such Events and any of such sponsors related products or services (collectively, "Marketing Materials").
IV. Waiver of Approval of Materials. I hereby waive any right to inspect or approve the Marketing Materials or the uses of my Appearances in such Marketing Materials. Nothing herein shall constitute any obligation on Beyond Monumental or its designees or sponsors to make any use of my Appearances or the Marketing
Materials or any of the rights set forth herein.
V. Acknowledgement of No Fee. I acknowledge and agree that no compensation, monetary or otherwise, has been promised to me or will be payable to me under any circumstances in connection with Beyond Monumental or its designees or sponsors' use of my Appearances or the Marketing Materials.
VI. General Release and Waiver of Liability. Recognizing Beyond Monumental's reliance upon the release of liability in this agreement, and that Beyond Monumental and its sponsors are incurring considerable expenses based on the release of liability in this agreement and the creation of the Marketing Materials, I hereby irrevocably release and agree to hold harmless and indemnify Beyond Monumental; all of its sponsors, including, without limitation, CNO Financial Group, Inc.; Beyond Monumental’s and its sponsors’ respective parent and subsidiary companies, licensees, successors and assigns, directors, officers, employees, attorneys, contractors and agents; race officials, workers and volunteers; the State of Indiana; and the City of Indianapolis, the City of Lawrence or other applicable municipality (the "Released Parties"); from any and all claims, including monetary claims, that I or any person or entity on my behalf, now have or may ever have in connection my participation in the Events, my Appearances hereunder or Beyond Monumental's or its sponsors' use of the Marketing Materials. I acknowledge and agree that I shall not have any right to rescind or alter this agreement or the terms hereof.
VII. Ownership of Materials. I acknowledge and agree that Beyond Monumental or its designees or sponsors are the sole, exclusive and perpetual owner of all my endeavors with respect to the Marketing Materials throughout the world. To the extent the Marketing Materials and/or the results and proceeds of my Appearances in the Marketing Materials are determined not to be a work made for hire for Beyond Monumental, its designees or sponsors, I hereby assign to Beyond Monumental, its designees or sponsors, as applicable, all right, title and interest in and to such Marketing Materials and any results and proceeds of my Appearances in the Marketing Materials together with all rights (including copyright and other proprietary rights) in and to such Marketing Materials throughout the world in perpetuity.
VIII. Governing Law. This agreement has been entered into in the State of Indiana, and the validity, interpretation and legal effect of this agreement shall be governed by the laws of the State of Indiana. The Indiana courts (state and federal) shall have sole jurisdiction of any controversies regarding this agreement, any action or other proceeding which involves such a controversy shall be brought in those courts, and not elsewhere. If any part of this agreement, shall be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect the remainder of this agreement, which shall continue in full force and effect, or the application of this agreement to the remaining parties.
IX. Representations and Agreement to Terms and Conditions. I also represent that: (i) I have read the foregoing agreement and have been given an opportunity to ask questions about its contents and/or to seek the advice of an attorney; (ii) I fully understand its contents and the waiver of legal rights contained therein; (iii) I am at least 18 years or older, and if I am not at least 18 years or older I have the permission of my parent or legal guardian to enter into this agreement; (iv) I have the right to enter into this agreement; and (v) I voluntarily, and without any inducement, agree to the terms and conditions set forth therein.
X. Cancellation of Event. I understand the Events may be cancelled due to conditions outside the control of Beyond Monumental, for the safety and well-being of staff, participants, volunteers and the community, in the case of an act of God, war, fire, strike, government regulation, severe weather, civil unrest, pandemic or other severe outbreak of disease, bans on public gatherings, threat of terrorism, or other unforeseen circumstances that would make the Events non-viable, and, if so, I consent that I am not entitled to a refund or deferral once my registration is complete.
XI. Drug Testing; Event Rules. I also acknowledge and understand that any athletes that participate in the Events may be subject to formal drug testing in accordance with USATF and IAAF rules, in accordance with USOC, USADA, or IAAF procedures. Athletes found, after a disciplinary hearing, to test positive for prohibited substances, as defined by the WADA Code and/or IAAF, or who refuse to be tested, will be disqualified from the Events and may lose eligibility for future competitions. Any prize money payable to an athlete who has tested positive shall be withheld until the final disposition of all disciplinary proceedings. BEWARE: Some prescriptions, over the counter medications, and nutritional supplements may contain prohibited substances. Information regarding drugs and drug testing may be obtained by calling the USADA Reference Hotline at 1- 800-233-0393, or www.usantidoping.org.
XII. Dog Wave Participants. Dogs must be appropriately leashed and under your control at all times. I acknowledge and agree my dog will be current on rabies & distemper shots as of the date of the Event. Beyond Monumental reserves the right to turn away any dog considered a threat to other dogs or participants.
Please Sign Below
Your signature will signify your understanding, acceptance, and authorization to accept the conditions of this legal document, including the following statements:
• I have read, have understood, and do accept the agreement above.
• I understand that this is a legal document with effects that I approve and authorize.
• The registrant is the person(s) whose name is submitted as the recipient of the goods and services provided as a result of this transaction.
• I am authorized to agree to the terms of this document on behalf of the registrant.
• If the registrant is under 18 years of age, incapacitated, or mentally challenged, I assert that I am the parent/legal guardian or otherwise authorized to execute a legally binding agreement on behalf of the registrant.
You must be at least 18 years of age to legally complete this registration. If the registrant is under 18, an authorized adult must complete this form.
IF EIGHTEEN OR OVER:
Signature of Participant/Volunteer Print Name
Dated
IF UNDER EIGHTEEN:
Print Name of Participant/Volunteer
Signature of Parent or Guardian Print Name of Parent or Guardian
Dated
Check here to show you accept the terms stated above for yourself or for a minor Volunteer for which you are the parental guardian.
