In consideration of the following and the permission to participate as an entrant or competitor in the Family Resource Centre’s Colour Me Purple 5K Fun Walk/Run at 7 Mile Public Beach (the “Event”) to be held on Sunday, 26 March 2023, I, for myself, my heirs, executors, administrators, successors and assigns and any minor for whom I am signing this waiver (collectively the “Releasors”), hereby fully release, waive and forever discharge the Family Resource Centre (“FRC”), and each of their affiliates, holding and subsidiary companies, shareholders, directors, officers, agents, contractors, employees, volunteers, all sponsors and contributors (collectively, the “Indemnified Parties”) of and from all claims, demands, costs, expenses, actions and causes of action, whether in law or equity, in respect of death, injury, loss or damage to myself or the Releasors or any property, however caused, arising or to arise by reason of the Releasors’ participation in the Event whether as a spectator, participant, competitor or otherwise, whether prior to, during or subsequent to the Event, and of any of the aforesaid. The Releasors further hereby undertake to defend and hold harmless and agree to fully indemnify, and keep fully indemnified, the Indemnified Parties from and against any and all liability incurred by any or all of them as a result of, or in any way connected or associated with, the Releasors’ participation in the Event. By submitting and signing this form the Releasors acknowledge, having read and agreed to the above waiver, release and indemnity, that it is understood this document constitutes a waiver of their right to commence any legal proceedings.
The Releasors further acknowledge that they understand there are risks associated with participating in the Event and confirm that they are physically fit and qualified to participate in this Event. The Releasors confirm they have had the opportunity to examine the condition of the property used for this Event and accept that they use it at their own risk and understand it is not necessarily fit for the purpose of the Event.
The Releasors assume any and all risks from their voluntary participation in this Event and its related activities, including, but not limited to: slips, trips, falls or other such accidents which may result in physical injury or death; contact with other participants; injury and damage to the Releasors arising out of participating in an event with unpredictable terrain; effects of the weather (including all those risks associated with high heat, humidity and precipitation); effects of the use of purple powder materials including, but not limited to, a blend of food grade cornstarch, FD&C and D&C dyes and baking soda; traffic, users of the road and the conditions of the road; risks related to COVID-19 as outlined below; and all such risks being known, appreciated and accepted by the Releasors. The Releasors further acknowledge that these risks include risks that may be the result of negligent acts, omissions, and/or carelessness of the Indemnified Parties. The Releasors agree to abide by any and all safety rules prescribed in relation to 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, 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 Indemnified Parties cannot prevent the Releasors from becoming exposed to, contracting or spreading COVID-19 whilst participating in the Event.
The Releasors have read and understood the above warning concerning COVID-19. Participating in the Event is of such value to the Releasors that they 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, the Releasors hereby forever release and waive their right to bring suit against the Indemnified Parties in connection with the exposure, infection and/or spread of COVID-19 related to participating in the Event.
The Releasors understand that the Indemnified 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 acts of civil authority and/or pandemic or other outbreak of illness.
The Releasors understand that FRC will be collecting their personal data in connection with this waiver, release and indemnity and the Event and the Releasors hereby consent to the collection, use and processing of such personal data for the purposes of same. Such personal data may also be shared with third parties that deliver services to FRC in connection with the Event. FRC takes the Releasors’ privacy very seriously and will only use their personal information for the purposes outlined in this waiver, release and indemnity and for their participation in the Event. The full details of how FRC uses the personal information provided to it, and the steps FRC take to protect the Releasors’ privacy, can be found at: https://www.dcs.gov.ky/frc/family-resource-centre-privacy-policy.
The Releasors grant full permission to the Indemnified Parties to use any photographs, video or audio recordings, or any other record of this Event that may include the Releasors’ likeness, including photographs and video which the Releasors may share online as part of the Event, for any purpose whatsoever including for use in the Indemnified Parties’ marketing materials, social media, media and reporting (whether in print or online), promoting the Indemnified Parties’ events, companies and/or properties.
Any dispute or claim between the Releasors and the Indemnified Parties arising out of or in connection with this waiver, release and indemnity and/or the Event shall be governed by and construed in accordance with the laws and in the Courts of the Cayman Islands.
The Releasors have carefully read and fully understand all provisions of this waiver, release and indemnity and freely and knowingly assume the risks and waive their rights concerning liability as described above. The Releasors understand and intend that they will be legally bound by it.
Applications for minors will be accepted only with the parent’s signature as indicated below.
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