Waiver
In consideration for allowing me to participate in the Battle of the Bridges 2021 5k run/walk and the 10-mile run (the “Event”), I hereby release and discharge the organizers of the Battle of the Bridges, Adene Ltd., Dart Realty (Cayman) Ltd, and their respective affiliate and subsidiary companies, together with their directors, officers, members and agents as well as the sponsors, race directors, race producers, volunteers, and their representatives and agents (collectively the “Released Parties”) from any and all claims, loss or damage including, but not limited to legal fees and medical expenses resulting from any incident or act leading to bodily injury or property damage or death that arises out of or during the Event, howsoever caused, to the full extent permitted by law. This Release and Indemnity Agreement applies regardless of the negligence, or lack thereof, of the Released Parties. I assume the risk of competing in the Event to include the risk of highway and road use to include motor vehicle traffic. I assume the risks associated with my participation in the Event including, including but not limited to: fatigue, injury, falls, collisions with motor vehicles, and contact with other participants, the effects of weather including heat, cold, and/or humidity, road conditions, risks related to COVID-19 as outlined below and any other hazard that may be posed by spectators or volunteers. I acknowledge that the roads are open to motor vehicle traffic during the Event. I understand that participation acknowledge that a race such as this is a test of a person’s physical and mental ability and may result in permanent injury, disability or death, and I assume those risks. I agree to be responsible for my own safety and wellbeing during the Event.
I AGREE THAT I WILL NOT SUE any of the persons or entities mentioned above for any bodily injury or property damage that I may sustain because of participation in the Event, and that my heirs, successors and estate have no claim in the event of my death during the Event.
The novel coronavirus (“COVID-19”) has been declared a worldwide pandemic by the World Health
Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact, contact with contaminated surfaces and/or objects and, even possibly, by air. As a result, the Cayman Islands Government has recommended social distancing and has, in certain locations or in relation to certain activities, restricted or prohibited the congregation of groups of people. Evidence has shown that COVID-19 can cause serious and potentially life-threatening illness and even death. The Released Parties cannot prevent me from becoming exposed to, contracting or spreading COVID-19 whilst participating in the Event.
I have read and understood the above warning concerning COVID-19. Participating in the Event is of such value to me that I accept the risk of being exposed to, contracting and/or spreading COVID-19 in
order to participate in the Event.
Without prejudice to the other terms of the this waiver, release and indemnity, I hereby forever release and waive their right to bring suit against the Released Parties in connection with the exposure, infection and/or spread of COVID-19 related to participating in the Event.
I understand that the Released Parties reserve the right to refuse participation in the Event, and further reserve the right to change the details of the Event or cancel or postpone the Event without prior notice for any reason, including but not limited to inclement weather, acts of civil authority and/or pandemic or other outbreak of illness.
I AGREE TO FULLY INDEMNIFY AND HOLD HARMLESS the Released Parties for damages that they might sustain that arises from bodily injury, property damage, attorney’s fees and litigation and medical expenses caused, directly or indirectly, by my participation in the Event I I certify that I am physically fit and have sufficiently trained for participating in this Event. I will assume the responsibility for any damage to or loss of personal property while taking part in this Event. I have signed this assumption of risk, release, indemnity and hold harmless freely and voluntarily and have a full understanding of its contents, having read it in full and acknowledging by my signature that I am bound by the provisions herein. I understand and intend that I will be legally bound by it. I understand that this document constitutes a waiver of the right to commence any legal proceedings. I confirm that I am at least 18 years of age or have had this completed by my parent/guardian if I have not reached the age of 18.