Make sure to complete the waiver below before your run with Fuel the Sole. Paper copies will be available to complete before the your run, but the planet loves us, so we should love it back!
This Waiver and Liability Release (the “Waiver ”) is made and entered into between RunLocal LLC, dba Fuel the Sole, an Ohio limited liability company (“Fuel the Sole”), and the undersigned individual(s) (the “Participant ”). Fuel the Sole organizes and operates running tours, other organized exercise activities, and introduce Participants to local bar and restaurants during such tours, in and around downtown Cincinnati, Ohio and the surrounding areas (the “Activity ”).
I, the undersigned, know that participation in the Activity includes walking, jogging and running in and around the city, and other forms of exercise, and that those activities entail certain risks both to myself and others, including serious injury and possible death. Occasionally, a tour may conclude at a restaurant, bar, brewery or other third party establishment. If so, the consumption of food/alcohol is the Participant’s choice and Fuel the Sole will not be liable for any injuries or damages after any tour has ended. Participant is also responsible for return transportation after the conclusion of the Activity, and Fuel the Sole shall not be liable for any damage or injury sustained by Participant related to finding or taking transportation after the Activity. I understand that I am voluntarily attending and participating in the Activity and in consideration for such privilege and other consideration, the receipt and sufficiency of which are hereby acknowledged, I, for myself and for and on behalf of my children (if any), spouse (if any) and other family members, hereby assume and accept (i) any and all risks associated with participation in the Activity; (ii) complete responsibility for any injury, damage, or death which may occur during my attendance or participation in the Activity; and (iii) any and all risks associated after the Activity has concluded.
I, for myself and for and on behalf of my children (if any), spouse (if any) and other family members, knowingly, intelligently and voluntarily agree to release, discharge, defend, indemnify, and hold harmless, Fuel the Sole, and its members, managers, officers, employees, agents, attorneys, volunteers and their respective successors and assigns (collectively, the “Released Persons”), from any and all fault, negligence, liabilities, costs, claims, actions, damages, demands, penalties, lawsuits and expenses (including but not limited to attorneys’ fees, expert witness fees and court costs), whether caused by the negligence of the Released Persons or otherwise, arising out of, resulting from or in any way related to: (i) any physical, mental or emotional injury (including death) to me or others (including but not limited to my children, my spouse or any other family members); or (ii) any damage to my property or the property of others, during my attendance or participation in the Activity or after the Activity has ended.
I shall abide by any rules, policies and procedures set forth by Fuel the Sole, currently or as may be revised from time-to-time, pertaining to the Activity. Fuel the Sole has the right in its sole and absolute discretion, at any time, to (i) suspend or cease the Activity; (ii) dismiss Participants from the Activity; or (iii) decide whether to provide a refund to Participants for any costs or expenses incurred. Also, I allow Fuel the Sole, to use, without any monetary payment or other consideration to me, any photographs, videotapes or other recordings of me that are made during the Activity.
I agree that the terms of this Waiver and Liability Release are intended to be as broad and inclusive as permitted by the law of the State of Ohio, and that if any portion hereof is invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
I represent and warrant that I am at least eighteen (18) years old and legally competent to sign this Waiver, that I have signed by my own free will and that it shall be binding upon my personal representative or estate, assigns, heirs, and next of kin. I further represent and warrant that I am physically and mentally sound and suffering from no condition, sickness, disease, illness or infirmity that would prevent or increase my risk of participation in the Activity. I further represent and warrant that I have read the foregoing paragraphs and am fully and completely aware of the legal consequences of signing this instrument.
I understand that Fuel the Sole is relying on the statements I have provided in allowing me to participate in the Activity, and I certify that these statements are true and accurate.