For and in consideration of being permitted by the Association for Education Finance & Policy (AEFP) to participate in the virtual or in-person 5K run/walk before, during or after the virtual conference to be held from March 17-19, 2022 (“Event” or “AEFP Runs”), and by signing this General Waiver of Liability, Release, Assumption of Risk, and Indemnity Agreement (“Agreement”), Participant acknowledges and agrees as follows:
Assumption of Risk
The Participant understands that by participating in the Event there are inherent risks, including, but not limited to an accident or injury while running or walking and exposure to or becoming infected with COVID-19. By signing this Agreement, I acknowledge I have read and understood the inherent dangers of the Event. I voluntarily assume the risks by participating in the Event and I acknowledge that the Event may result in personal injury, illness, permanent disability, and death. I understand the risks of participating in the Event may result from the actions, omissions, or negligence of myself and others. The Event is of such value to me that I accept the risks so that I may participate in the Event.
Waiver of Liability/Lawsuit. I further acknowledge that there may be risks and dangers not known to me or AEFP or not reasonably foreseeable at this time. I acknowledge that there are risks and uncertainties inherent in participating, including but not limited to illness, death and/or damage to person or property due to the negligent acts or omissions of AEFP and/or others. These risks may be caused by my negligence or the negligence or inaction of others, including the “Releasees” (defined below). I acknowledge, understand, and agree that all the risks and dangers described throughout this Agreement, including those caused by my own negligence and/or others, are included within the waiver and release. I acknowledge, understand, and assume the risks, if any, arising from the conditions and use of any locations for the Event and related premises and acknowledge and understand that included within the scope of this waiver and release is any cause of action (including any cause of action based on negligence) arising from the performance, or failure to perform, maintenance and for the failure to warn of dangerous conditions. It is the purpose of this Agreement to exempt, waive and relieve Releasees from liability for personal injury, property damage, and wrongful death, including if caused by the negligence, if any, of Releasees.
On behalf of myself, my dependents, heirs, executors, administrators and assigns, I waive, release and relinquish, discharge and covenant not to sue AEFP, its officers, directors, employees, affiliates, and agents (all referred to together as AEFP) and Releasees (defined below) from any and all claims for liability, cause(s) of action, demands, damages, costs, loss of service, expenses and compensation, including known and unknown, for personal injury, illness, property damage, wrongful death or loss of any kind whatsoever suffered in connection with the Event, arising out of my travel to and from and participation in the Event, whenever or however they occur and for such period said Event may continue, even if caused by the negligence (but not the gross, reckless, willful, or fraudulent conduct) of Releasees or third parties.
”Releasees” include AEFP and its officers, directors, employees, affiliates, members, and operators involved in the Event, and each of them, their officers, directors, agents, and employees.
Insurance and Medical Treatment. I further understand that AEFP does not assume any responsibility for or obligation to provide me with financial or other assistance, including but not limited to medical, health, or disability benefits or insurance. I expressly waive any such claim for compensation or liability on the part of AEFP in the event of injury, illness, or medical expenses incurred by me.
Other. Notwithstanding any other term of this Agreement, in no event shall any liability of the Releasees exceed the amount actually paid for the Event or One Hundred Dollars ($100), whichever is greater. The undersigned further expressly agrees that the foregoing waiver, release, and indemnity agreement is intended to be as broad and inclusive as is permitted by applicable laws and that if any portion is held invalid, it is agreed that the balance shall notwithstanding continue in full legal force and effect.
I acknowledge that I have not relied upon any representations of AEFP and understand these waivers and releases are necessary to allow AEFP to offer the Event to me.
I have had sufficient opportunity to read this entire Agreement, I have printed, read, and understood it, and I agree to be bound by its terms. I understand I have given up substantial rights by signing it, and have signed it freely and voluntarily without any inducement, assurance, or guarantee being made to me and intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.
In consideration of participating in the Event, by signing this Agreement, I acknowledge that I agree to all of the above statements. By signing, I express my understanding and intent to enter into this Agreement willingly and voluntarily.
Electronic Signature. This Agreement may be executed electronically, and I consent to sign this Agreement in electronic form. I acknowledge and agree that my electronic signature will have the same force and effect as an original signature for all purposes.