The effect of this document is to release Ozarks Technical Community College (“OTC”) from any liability resulting from your participation in the activities described below, and to waive all claims for damage or losses against OTC which may arise from such activities. Read this document completely before signing. ASSUMPTION OF RISK: I acknowledge that I have been informed of the nature of the above-named activities and that I understand and appreciate the hazards and risks which may be associated with my participation in the above-named activities, including the risks of bodily injury, death or damage to property. I specifically acknowledge that the above-named activities are physically strenuous and certify that I am fit and capable of participating in such activities, and that I have not been advised otherwise by a qualified medical professional. RELEASE OF LIABILITY: In consideration of OTC permitting me to participate in the above-named activities, I hereby release and discharge, indemnify and hold harmless OTC and its officers, agents, employees, and any other persons or entities acting on OTC’s behalf, and their successors and assigns, against any and all claims, demands, and causes of action whatsoever, whether presently known or unknown, either in law or in equity, relating to injury, disability, death or other harm, to person or property or both, arising from my participation in and/or presence at the above-named activities. PHOTOGRAPHIC RELEASE: I understand that I may be photographed during my participation in the above-named activities or events related to the activities. I agree to allow my photograph, video, or other likeness to be used by OTC, and/or any sponsors of the above-named activities, for any legitimate purpose. OTHER: I have read the foregoing Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement, understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature; I intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that, if any portion of this Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement is held invalid, the balance shall continue in full force and effect. I understand that this Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement shall be governed by the laws of the State of Missouri and that any claim, lawsuit, or other action must be filed only in the state or federal courts located within Greene County, Missouri. I HAVE CAREFULLY READ, FULLY UNDERSTAND, AND VOLUNTARILY SIGN THE ABOVE RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT AND ACKNOWLEDGE THAT IT SHALL BE EFFECTIVE AND BINDING UPON ME, MY HEIRS, EXECUTORS, REPRESENTATIVES, AND ASSIGNS. ActNow Promotions Waiver: I understand running is a potentially hazardous activity. I should not enter and participate unless I am physically fit, mentally able and properly trained. I agree to abide by any decision of the race officials relative to my ability to safely complete the run. I certify I am in good health and properly trained to run the distance of this race. I assume all risks associated with running in this event, all risks being known and being appreciated by me. I understand my entry fee is non-refundable. I understand that no refunds will be issued if event is cancelled due to weather, communicable disease/virus. Having read this waiver and knowing these facts, and considering your accepting my entry into this running event, I, for myself and my estate, heirs, survivors, descendants and anyone on whose behalf I may act (including all minor children and charges and their estates heirs and survivors), do hereby permanently and forever completely give up, surrender, waive, release and terminate any and all claims or liabilities of any kind, arising in tort, contract or otherwise, against ActNow Promotions/Racing, and their respective officials, directors, trustees, agents, volunteers, employees, sponsors and affiliates arising from my participation in this event, including but not limited to claims arising out of past or future negligence or carelessness on their part. I hereby consent to the use of image in photographs, videos and other recordings for promotional purposes.Registration fees are nonrefundable.
