Participant Health: The applicant represents that he/she is in physically sound condition and understands participation in aerobics and other exercise, weight training, recreational sports, and use of pools, spas, saunas, steam rooms, and fitness equipment carry a potential risk of injuries or illness. The applicant understands the Ozarks Regional YMCA assumes no responsibility for any such injury or illness. Participant Conduct and Right to Use the Facility: Applicant agrees to abide by all policies and procedures of the Ozarks Regional YMCA and its centers, and understands failure to act in accordance with these rules may result in expulsion from the YMCA and revocation of the membership. Staff Conduct w/Minors: The YMCA PROHIBITS staff members from caring for, providing instruction to, or engaging in social relationship outside of approved YMCA activities with children (other than family) who participate in YMCA programs or activities. This policy is designed for the protection of all involved – Children, Staff Members, parents and the YMCA. Criminal History: The applicant acknowledges it is the policy of the Ozarks Regional YMCA to deny membership to any individual registered as a sex offender. Property Loss: The applicant understands the Ozarks Regional YMCA is not responsible for personal property lost, damaged, or stolen while using YMCA facilities or participating in YMCA programs. Photograph Permission: The applicant hereby grants permission for the YMCA to use, without limitation or obligation, photographs or other media that may include the member’s image or voice to promote or interpret YMCA programs. Insurance: The applicant understands the Ozarks Regional YMCA does not provide any accident or health insurance for its members or participants, and further understands it is the applicant’s responsibility to provide such coverage. Membership Billing: Any discrepancies to membership billing must be brought to the YMCA’s attention within 60 days. The YMCA is not liable for any discrepancies to membership billing issues past 60 days. Membership rates are subject to change and you will be notified in writing prior to any membership adjustments. I am above the age of 18 years. 1. I HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the YMCA, its directors, officers, employees, and agents (hereinafter referred to as “releasees”) from all liability to me, my, personal representatives, assigns, heirs, and next of kin for any loss or damage, and any claim or demands therefor on account of injury to my person or property or resulting in my death, whether caused by the negligence of the releasees or otherwise.2. I FURTHER HEREBY AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS the releasees and each of them from any loss, liability, damage, or cost they may incur arising from or related to my presence in, upon, or about the YMCA premises or participating in any YMCA program whether caused by the negligence of the releasees or otherwise. The Ozarks Regional YMCA reserves the right to change the Conditions of Program Participation and/or Waiver of Liability at any time.Conditions of Program ParticipationIn consideration for being permitted to utilize a facility or program of the Ozarks Regional YMCA (“YMCA”), I, agree as follows: I HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the YMCA, its directors, officers, employees, and agents (hereinafter referred to as “releasees”) from all liability to me, my, personal representatives, assigns, heirs, and next of kin for any loss or damage, and any claim or demands therefor on account of injury to my person or property or resulting in my death, whether caused by the negligence of the releasees or otherwiseI FURTHER HEREBY AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS the releasees and each of them from any loss, liability, damage, or cost they may incur arising from or related to my presence in, upon, or about the YMCA premises or participating in any YMCA program whether caused by the negligence of the releasees or otherwise. I HAVE READ AND AGREE TO THIS RELEASE AND WAIVER OF LIABILITY AGREEMENT, and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made. The Ozarks Regional YMCA reserves the right to change the Conditions of Program Participation and/or Waiver of Liability at any time.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. 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.
