Emergency Contact: __________________ Phone: _______________ ____ I have read the attached Cape May Fitness Waiver. Date: _______________________
____ I have read the attached Brendan’s Fund Waiver: Date: _________________________ T-Shirt Sizes: Please mark how many for each size:
___ S, ___ M, ___ L, ___ XL, ___ XXL, ___ 3XL
CAPE MAY FITNESS TURKEY TROT FOR THE BENEFIT OF
THE BRENDAN BOREK HIGH TIDES MEMORIAL FUND &
THE BRENDAN BOREK ENDOWED FUND AT CHOP.
RACE DATE: 11.26.15
WAIVER & RELEASE OF LIABILITY FOR
CAPE MAY FITNESS CENTERS IN SIGNING BELOW I AGREE THAT CAPE MAY SPORTS TRAINING, LLC IS IN NO WAY RESPONSIBLE FOR THE SAFEKEEPING OF MY PERSONAL BELONGINGS WHILE I ATTEND THIS EVENT. I UNDERSTAND THE EVENT (11TH ANNUAL TURKEY TROT FOR BRENDAN’S FUND) AT CAPE MAY SPORTS TRAINING, LLC MAY BE PHYSICALLY STRENUOUS AND I VOLUNTARILY PARTICIPATE WITH FULL KNOWLEDGE THAT THERE IS A RISK OF PERSONAL INJURY, PROPERTY LOSS, AND/OR WRONGFUL DEATH. I AGREE THAT I, MY HEIRS, OR LEGAL REPRESENTATIVES WILL NOT SUE OR MAKE ANY OTHER CLAIMS WHATSOEVER AGAINST CAPE MAY SPORTS TRAINING, LLC, ITS MEMBERS, OR ANY PARTICIPANTS FOR ANY PERSONAL INJURY, PROPERTY LOSS/DAMAGE, OR WRONGFUL DEATH, WEATHER CAUSED BY NEGLIGENCE OR OTHERWISE. X____________________________________ DATE_______________________________
Please sign both Waivers: See Page 3
CAPE MAY FITNESS TURKEY TROT FOR THE BENEFIT OF THE BRENDAN BOREK HIGH TIDES MEMORIAL FUND
& THE BRENDAN BOREK ENDOWED FUND AT CHOP
RACE DATE: 11.26.15
WAIVER AND RELEASE FROM LIABILITY TO ALL PARTICIPANTS: YOU MUST READ THIS DOCUMENT FULLY AND CAREFULLY BECAUSE IT AFFECTS YOUR LEGAL RIGHTS. DO NOT SIGN THIS DOCUMENT UNLESS YOU HAVE READ IT AND UNDERSTAND IT. IF YOU ARE A MINOR, YOUR PARENT OR GUARDIAN IS REQUIRED TO READ AND SIGN THIS DOCUMENT.
1. For and in consideration of permitting me to participate Cape May Fitness’s Turkey Trot to benefit the Brendan Borek High Tides Memorial Fund in West Cape May, New Jersey, I hereby voluntarily sign and agree to the terms contained in this Waiver and Release. I AM AWARE THAT PARTICIPATING IN A RUNNING RACE CAN BE A DANGEROUS ACTIVITY. Notwithstanding the danger involved, I am voluntarily participating in the Turkey Trot. I fully understand and comprehend the dangers of running including but not limited to, falls, contact with other participants, the effects of weather, and traffic and conditions of the road. I fully understand the unanticipated risks and uncertainty involved, which risks could include injury, physical and/or mental illness or disease, death and/or damage to my property, to third parties or to me. I voluntarily assume all risks arising from conditions related to use of the contest site by me and others. I represent and warrant to Cape May Fitness and to the Brendan Borek High Tides Memorial Fund, Inc. (the “Fund”) that I am physically fit and have adequately trained for the Turkey Trot.
2. In consideration of Cape May Fitness accepting my entry form, and with full acknowledgement, comprehension and understanding of the inherent dangers involved, I VOLUNTARILY ACCEPT AND ASSUME FULL RESPONSIBILITY FOR ANY AND ALL RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE DUE TO THE NEGLIGENCE OF THE FUND OR OTHERWISE, WHILE PRESENT AT THE TURKEY TROT AND/OR WHILE PARTICIPATING IN THE TURKEY TROT. The risk of injury from the activities involved is significant, including the potential for permanent paralysis or death, and while particular rules, equipment and personal discipline may reduce this risk, the risk of serious injury does exist.
3. Intending to be legally bound hereby, for myself, my heirs, next of kin, executors and administrators, I hereby WAIVE, RELEASE AND FOREVER DISCHARGE AND AGREE NOT TO SUE, Cape May Fitness, the Fund, the Borough of West Cape May, New Jersey, the County of Cape May, New Jersey, and the sponsors of this event or any of their respective trustees, officers, employees or agents, or any other individuals or entities connected with the Turkey Trot, from any and all claims, demands, damages or liability whatsoever arising from my personal injury, death, disability or property damage resulting from or related to my presence at or participation in the Turkey Trot.
4. Any claim or dispute concerning this Waiver and Release may be brought only before the American Arbitration Association (“AAA”) for arbitration in accordance with the rules of the AAA. I HEREBY WAIVE MY RIGHT TO SUE IN A COURT OF LAW OR TO HAVE A TRIAL BY JURY. This Release and Waiver shall be governed by and construed in accordance with the internal laws of the State of New Jersey, without regard to conflicts of law principles. Any legal action or proceeding with respect to this Release and Waiver may be brought only before the AAA, and I accept the exclusive jurisdiction of the AAA.
5. Additionally, I hereby give the Fund permission to arrange to telecast, show, or print and publish any and/or all pictures taken of me (movie, video, or still) in conjunction with the Turkey Trot without compensation or further consent. I acknowledge, agree and understand that I must race along the designated race course area. Participants are strongly discouraged to use any personal audio devices during the Turkey Trot, such as iPods or MP3 headsets.
I acknowledge that I HAVE READ THIS DOCUMENT and understand all of the above.
I hereby certify that I am 18 years of age or older. X______________________________________ [Signature of participant 18 years of age or older] FOR PARTICIPANTS UNDER 18 YEARS OF AGE:
I HEREBY CERTIFY that I am the parent or legal guardian of the Turkey Trot participant named below (“My Participant”), and that I have read and understand the foregoing Release and Waiver. I hereby give my permission to My Participant’s entry into the Turkey Trot, without reservation and with full understanding and comprehension of the foregoing WAIVER AND RELEASE FROM LIABILITY, which I agree shall release the parties covered thereby from any and all claims, demands, damages or liability whatsoever arising from My Participant’s personal injury, death, disability or property damage resulting from or related to his or her presence at or participation in the Turkey Trot, including, without limitation, any such claims based on negligent supervision. X_____________________________________________ ___________________________________________
Signature of parent or legal guardian] [Print name of minor participant]