Please read this waiver, assumption of risk, release of liability and indemnity agreement (“agreement”) carefully. It includes a release of liability and waiver of legal rights and deprives you of the ability to sue certain parties. Do not agree to this agreement unless you have read and understood it in its entirety. Seek the advice of legal counsel if you are unsure of its effect. By agreeing electronically to this agreement, you acknowledge that you have both read and understood the text presented to you as part of the volunteer registration process. You also understand and agree that volunteering for the Oklahoma City Memorial Marathon and its associated events carries certain inherent dangers and risks which may or may not be readily foreseeable. Your ability to participate in the event(s) as a volunteer is/are subject to your agreement to the agreement and by agreeing herein, you accept and agree to the terms of the agreement.
By submitting this volunteer registration form, I acknowledge that I know that participating in the Oklahoma City Memorial Marathon and its associated events as a volunteer is a potentially hazardous activity. I assume any and all risks associated with participating in the Oklahoma City Memorial Marathon and its associated events as a volunteer. I understand that the risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others participating in the events, or the acts, inaction or ordinary negligence of the Released Parties defined below, and I hereby voluntarily and willingly assume all such risks and any other damages, liabilities, losses or expenses to my person or personal property which I incur as a result of my participation in the Oklahoma City Memorial Marathon and its associated events as a volunteer.
Knowing these facts, and in consideration of your accepting my volunteer registration, I hereby for myself, my heirs, my estate, executors, administrators or anyone else who might claim on my behalf, covenant not to sue, and waive and release and discharge, and agree to hold harmless any and all race sponsors, race officials, other volunteers, local and state police, and all municipalities including any and all of their agents, employees, assigns, the Oklahoma City National Memorial Foundation, Inc., the Oklahoma City Memorial Marathon, Event Southwest, or anyone acting for or on their behalf, including each of their respective affiliated companies, officers, directors, members, trustees, partners and volunteers (collectively, the “Released Parties”) from any and all claims, liability, damages, demands, causes of action, losses or expense (including court costs and reasonable attorneys fees) of any kind or nature (“Liability”) from my presence at or participation in the events as a volunteer, which may arise out of, result from or relate to the ordinary negligence of the Released Parties, including without limitation, any and all Liabilities for death, personal injury or property damage or property theft of any kind or nature, including, without limitation, those related to the novel coronavirus and COVID-19. I further agree that if, despite this agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liability which may be incurred as the result of such claim. This release and waiver extends to all claims and Liabilities of every kind or nature whatsoever, foreseen or unforeseen, known or unknown.
I grant full permission to the event organizers, sponsors and or agents authorized by them to use, copyright and/or publish any photographs, video, motion pictures, recordings or any other record of this event in which I appear for any lawful purpose whatsoever. I am agreeing to this agreement freely and voluntarily, without any inducement, assurance or guarantee. This agreement shall be construed broadly to provide an assumption of risks, waiver, release of liability and indemnity to the maximum extent permissible under applicable law. If any provision of this agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
BY SUBMITTING MY VOLUNTEER REGISTRATION, AND IN CONSIDERATION OF YOUR ACCEPTING MY VOLUNTEER REGISTRATION, I AGREE TO THE TERMS, CONDITIONS AND PROVISIONS CONTAINED IN THIS WAIVER, ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT.
