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LIABILITY DISCLAIMER, WAIVER, RELEASE & INDEMNITY
ALL Racers, Participants and Volunteers must complete this form and bring proof of identification on race day. No one will race without having this form completed.
*Must be 14 years or older to apply as a Racer. Any Racer under the age of 18 years old must have a parent and/or guardian sign the Youth Participant waiver below in addition to acknowledging this Liability Disclaimer, Waiver, Release & Indemnity.
Assumption of Risk:
I understand that the Activities, as defined below, in which I will engage involve inherent and other risks. I understand and recognize that the Activities I will engage in during the Flourish Bed Race are not controlled or managed in a manner that eliminates risk associated with the Activities. I acknowledge that the Activities may include strenuous and dangerous activity and require a certain degree of physical condition, ability, maturity, and skill. I acknowledge that I am solely responsible for determining my suitability to participate in the Activities. I attest that I have the requisite skills, qualifications, physical and mental ability, and training necessary to participate in the Activities. I understand that the Activities can be dangerous and the raced beds as well as other participants’ action or inactions are not in my or others’ control. I further understand and agree that Flourish Furnishing, Inc. (“Flourish”), its employees, volunteers, agents, and Board of Directors (“Released Parties”) shall have no duty to warn me of or to remedy any natural or man-made risks, dangers, or hazards. I share responsibility for my safety and will follow instructions, make reasonable decisions, and act responsibly. I acknowledge and understand that the Released Parties cannot ensure my safety and cannot eliminate all the risks inherent with the Activities. I choose to voluntarily participate in and/or observe the Activities despite all risks. I assume all inherent and other risks and accept responsibility for any property damage and loss and for any personal injury, illness, disability, emotional distress, and death that I may suffer and/or cause to others involved in the Activities, whether described in this document or not.
The following is a partial list of the risks associated with the Activities. This list does not include all risks but provides examples and promotes an understanding of the risks. The Activities may expose participants and observers to risk of: •Death •Head trauma, facial and oral injuries •Fractures, dislocations, sprains, strains, burns, breaks, chips and various soft tissue injuries •Contusions, lacerations, abrasions, and various forms of blunt force trauma •Complications, illnesses and injuries associated with exposure to weather, the natural environment and physical exertion • Impacts with other individuals or participants and/or their equipment •Perils and hazards arising from other guests and staff including potential misjudgment by staff, general public or guests •Perils and hazards arising from natural features, plants, wet surfaces, tripping and/or falling hazards, and other types of contact with man-made and natural features •Perils and hazards arising from equipment failure or malfunction as well as the use of equipment •Loss of personal property •All hazards associated with the beds created and used by participants •Injury, death and trauma resulting from association with public roads •Colliding with rocks, trees, ground, and other objects • Slipping on wet surfaces and tripping over obstacles and uneven surfaces.
In consideration for the Released Parties allowing my participation/observation in the Activities and allowing me to participate/observe the Activities, I agree to the following:
Waiver and Release: I agree to forever release and discharge the Released Parties from and agree not to sue the Release Parties for any and all liability or claims I may have for any property damage and loss, personal injury, emotional distress, illness, disability, and death, related to my participation in the Activities or use of any equipment or facilities. This release is for any type of claim, including breach of contract, fraud, or any other type of suit and includes personal injury and property losses alleged to be caused by the negligence of the Released Parties to the fullest extent permitted by law.
Indemnity: I agree to defend, indemnify (meaning to pay or reimburse any amount required to be paid, including attorney’s fees) and hold the Released Parties harmless from all claims, causes of action, liability, losses, or damages for any property damage, loss or theft, personal injury, disability, death, or other loss brought by or on behalf of me, my family members, my estate, another participant or spectator, or any other person arising from or relating to my use of the property, facilities, and/or participation in the Activities, including claims that the Released Parties were negligent.
Acknowledgement of Policies and Photo Waiver: I acknowledge reading and understanding the Flourish Rules and Regulations relating to the Activities, facilities, events, and equipment and agree to comply with and abide by those rules and regulations. I grant Flourish and any media outlets permission to take and use photographs, video, film, and other images of me participating in or observing the bed race. I waive any right of privacy, publicity, compensation, copyright, or other rights to those images, and I consent to Flourish using those images for any purpose.
Additional Provisions: I agree that the laws of the State of Missouri govern this Agreement and any dispute I have with any of the Released Parties and consent to jurisdiction in Jackson County, Missouri. Any mediation, lawsuit, or proceeding will be entered into only in Jackson County, Missouri. Any portion of this Agreement deemed unlawful or unenforceable is severable and shall be stricken without effect on the enforceability of the remaining provisions. I have read this Agreement and the information contained throughout the document, I understand its contents, and I sign it voluntarily. I intend by this Agreement to assume all hazards and risks, waive all rights to sue and release all liabilities and claims, and indemnify the Released Parities for any claims arising from my participation in the Activities. I understand that this Agreement has no expiration date and remains in effect at all times that I am observing or participating in the Activities and will be binding on me, my family members, heirs, assigns, executors, representatives, and estate.
Activities are defined as anything 1) associated with, 2) directed by, 3) offered by and/or 4) occurring at or near the Flourish Bed Race, including, without limitation, the bed race, scooter and bicycle parade, field games, food trucks, musical performances, donation collection drive, nonprofit agency fair, and other facilitated or non-facilitated activities. By way of further example, Activities also include usage of parking lot for the bed race, pathways, parking lots, and roads while participating, supporting, spectating, or observing any events or activities as defined herein. Activities also include the use of stairs, buildings, tents, and all other facilities on the grounds at or near The Summit Church facilities. Activities also specifically include working or volunteering or assisting with, spectating, and participation in races, competitions, special events, and any other event-based programming associated with the Flourish Furnishing, Inc. Annual Bed Race.
YOUTH PARTICIPANT - PARENT/GUARDIAN WAIVER- RELEASE FROM LIABILITY:
If the applicant is under 18 years of age, the parent(s) or guardian(s) must execute in addition to the above, the following waiver.
The undersigned referred to as the parent(s) and natural guardian(s) or legal guardian(s) of the minor participant, does thereby represent that he/she (they) is (are) in fact acting in such a capacity and agrees to save and hold harmless and indemnify each and all of the parties herein referred to above as releases from all liability, loss, cost, claim, or damage whatsoever may be imposed upon said releases because of any defect in or lack of such capacity to so act and release said releases on behalf the undersigned.
NAME ________________________________________________________
RELATIONSHIP TO MINOR _______________________________________
NAME _________________________________________________________
RELATIONSHIP TO MINOR ________________________________________
This disclaimer, waiver, release, and indemnity are binding on me and on my heirs, personal representatives, successors, and assigns.
I acknowledge having read this document, and by clicking "I accept" during the online registration process, I agree that I am legally bound by it as of the date I click “I accept”.
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