The Evolve Performance Running Virtual Race: The Social Distance Dash

Release of Liability, Waiver of Claims and Assumption of Risks (the “Release”) BY ACCEPTING THIS RELEASE YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION PLEASE READ CAREFULLY! In consideration of Mind, Body, and Soul Coaching LLC. (the “Organizer”) permitting the individual named below (“I” or “me”) to participate in the 2020 Social Distance Dash (the “Event”), and for other good and valuable consideration, I agree to all the terms and conditions set forth in this agreement (this “Agreement”). ASSUMPTION OF RISKS I AM AWARE AND UNDERSTAND THAT THE EVENT INVOLVES CERTAIN RISKS, DANGERS AND HAZARDS, INCLUDING BUT NOT LIMITED TO THE RISK OF SERIOUS INJURY, DEATH OR PROPERTY DAMAGE. I KNOW THIS EVENT IS COMPLETELY VOLUNTARY AND I AM CHOOSING TO PARTICIPATE AT MY OWN RISK. I recognize that I am choosing my own running mode and race course, and the Organizer has no control over the running mode or course that I choose. Whether I choose to participate by running indoors, or outdoors, or engaging in road-running, trail-running, or cross-country, or off-road trail running, the foregoing modes of running may involve many risks, dangers and hazards, including: traffic, pedestrians, obstacles, other participants, man-made and natural features, gravel, roots, branches, exposed rock, earth, ice or snow on or beneath the running surface, trees, tree wells, tree stumps and forest dead fall, and other natural objects, embankments, cutbanks and other terrain variations, changing weather conditions; avalanches; loss of balance or control; streams, creeks, and exposed holes; cliffs; crevasses; collision with other persons; encounters with wildlife; the failure to act safely or within one’s own ability or to stay within designated areas; negligent first aid if available; lack of access to first aid, lack of access to medical attention, or negligence of other participants. I recognize that running, especially at a high intensity, or for long distances, may depresses my immune system making me MORE susceptible to illness in general. I know that if I choose to participate in this Event, I may be at greater risk of getting sick, including, but not limited to contracting COVID-19. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE EVENT, AND IN THE MODE BY WHICH I WILL PARTICIPATE, AND THE RACE COURSE. I KNOW THE ORGANIZER IS NOT PROVIDING ANY RACE- DAY RACE SUPPORT, FIRST AID, SUPERVISION OR APPROVAL OF THE RACE COURSE. I FREELY ACCEPT AND FULLY ASSUME ANY AND ALL OF THE RISKS, DANGERS AND HAZARDS INVOLVED AND THE POSSIBILITY OF INJURY, DEATH OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE ORGANIZER OR OTHERWISE. I hereby expressly waive and release any and all claims which I have or may in the future have against the Organizer, its affiliates, and their respective directors, officers, employees, agents, representatives, shareholders, successors and assigns (collectively, “Releasees”), on account of any injury, death or property damage, arising out of or attributable to my participation in the Event, due to any cause whatsoever, including without limitation the negligence of the Organizer or any other Releasee, breach of contract, or breach of any statutory or other duty of care owing under occupiers liability legislation or otherwise. I covenant not to make or bring any such claim against the Organizer or any other Releasee, and forever release and discharge the Organizer and all other Releasees from liability under such claims. I agree to defend, indemnify and hold harmless the Organizer and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable legal fees, in connection with any third-party claim, suit, action or proceeding arising out of or resulting from the Event. This Agreement constitutes the entire agreement of the Organizer and me with respect to the subject matter contained herein and supercedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is held to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall enure to the benefit of me and my heirs and next-of-kin, and the Organizer and its successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona and the federal laws of The United States of America applicable therein. Any claim or cause of action arising under this Agreement may be brought only in the courts of the State of Indiana, and I hereby consent to the exclusive jurisdiction of such courts. I hereby authorize the release of any photographs or video posted by me while participating in this Event. I allow the organizers of the Event to use any such images, video or content for reasonable marketing purposes. I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY WAIVING SUBSTANTIAL LEGAL RIGHTS (ON MY BEHALF AND ON BEHALF OF MY HEIRS, EXECUTORS, ADMINISTRATORS AND NEXT-OF-KIN), INCLUDING THE RIGHT TO SUE THE ORGANIZER AND THE RELEASEES. [If applicable, I am the parent or legal guardian of the minor named in the registration. I have the legal right to consent to and, by accepting this Release, I hereby do consent to the terms and conditions of this Release.]