Mighty Moose Foundation, Inc. Event Participant Agreement, Waiver, and Release
In consideration of me and my family registering for and participating in person or virtually in the Mighty Moose 5K road race, other Mighty Moose race events, and other Mighty Moose events (“Events”) that are provided by The Mighty Moose Foundation, Inc. (“The Mighty Moose Foundation”), I hereby acknowledge and agree to this Event Participant Agreement, Waiver, and Release (“Terms”): (a) on behalf of myself who is of adult age to consent (“myself” hereafter referred to as “me,” “myself,” or “I”); and (b) as relevant, on behalf of my spouse and other family adult-aged participant who have read these Terms, given me authority to register them for an Event, and agree for them to these Terms as well as on behalf of my minor children (“spouse,” “family adult participant,” and “minor children” hereafter referred to as “my family”), specifically that I and my family agree:
1. to assume and take full responsibility for any and all risks in connection with my and my family’s participation in the Events and transportation to and from the Events. I and my family acknowledge all such risks are known and understood by me and my family, including that participating in a race is a potentially hazardous activity and that the Events expose me and my family to certain risks that may include, but are not limited to, falls, harm, illness, injury including death, and damage to myself, my family, and my and my family’s property arising from exertion, weather conditions, the conditions of the course, vehicular traffic, and contact with other participants and people among other things. I and my family understand that public roads along the course routes will remain open to vehicular, people, and other types of traffic and acknowledge the associated hazards and risks thereof.
2. that I and my family are physically able and fit and healthy to participate in the Events and that participation is entirely voluntary. I and my family agree to use good judgment in all aspects of my and my family’s participation in the Events, to behave appropriately, and to comply with the rules and requirements for participation. I and my family will follow all health and safety protocols and procedures at the time of the Events and acknowledge that public health and safety protocols and procedures at the time of the Events may include recommendations or mandates for vaccinations, testing procedures, and wearing a face mask. I and my family acknowledge the contagious nature of COVID-19 and other communicable diseases and voluntarily assume the risk that I and my family may be exposed to or infected by COVID-19 and other communicable diseases by participating in the Events. I and my family acknowledge that such exposure or infection may result in illness, permanent disability, and injury including death.
3. on behalf of myself, my family, and our heirs, assigns, personal representatives, and estates, jointly and severally to waive and release and forever hold harmless and jointly and severally to indemnify the Mighty Moose Foundation, Inc., the Concord Public Schools and the Concord-Carlisle Regional School District, The Town of Concord, Kicks for Cancer, donation beneficiary The Laboratory of Dr. Kevin Elias and Brigham and Women’s Hospital and the Mass General Brigham entities, and all representatives, employees, directors, volunteers, contributors, beneficiaries, sponsors, partners, vendors, and assigns associated with these entities (“Entities”) and the Events from and for any and all claims, suits, liabilities, or causes of action of any nature and form, brought by any person or entity based on claims arising in any fashion out of the Events. This agreement to indemnify includes payment of attorney’s fees and all associated costs. The Entities do not assume responsibility for my or my family’s health, safety, security, or support.
4. that in the event of an illness, injury, or medical emergency arising during the event, I and my family hereby authorize and provide my family’s consent to secure from any hospital, clinic, and physician any treatment deemed necessary for my and my family’s immediate care. I and my family agree that I and my family will be fully responsible for payment of medical costs of any kind including but not limited to medical transport, medications, treatment, and hospitalization.
5. that I and my family grant permission for the free use of my and my family’s name, voice, images, photographs, race participation, fundraising, and result information including age and residence, and other content in any website, app, publications, video, audio, print, news, marketing, advertising, sponsorship, and other content related to the Events.
6. that I and my family give my affirmative consent to receive advertising and marketing and service announcement emails and information regarding the Events. You and your family may opt out of receiving email communications from us by following the instructions in those communications.
7. that net proceeds from the 2021 Mighty Moose 5K road race donations will be donated to The Laboratory of Dr. Kevin Elias at Brigham and Women’s Hospital and that Event proceeds may also benefit The Mighty Moose Foundation to support its ongoing operations as well as costs associated with the Events.
8. that any legal claim or dispute arising out of or in any way relating to my or my family’s participation in the Events will be governed by these Terms and the laws of Massachusetts and will be adjudicated exclusively by and in the Courts of Massachusetts. If any portion of any provision or provision of these Terms are held to be illegal, invalid, or unenforceable, in whole or in part: (a) such unenforceable portion of the provision or provision shall be deemed severed from these Terms; (b) the validity and enforceability of the remaining portion of the provision and the other provisions of these Terms shall not be affected or impaired; and (c) these Terms will be amended in order to effect, to the maximum extent allowable by law, the original intent of such provision.