Agreement and Waiver
Please read this waiver carefully. It includes a release of liability and waiver of legal rights and deprives you of the ability to sue certain parties. Do not agree to this document unless you have read and understood it in its entirety. By agreeing electronically, you acknowledge that you have both read and understood the text presented to you as part of the registration process. You also understand and agree that events carry certain inherent dangers and risks which may or may not be readily foreseeable, including without limitation personal injury, property damage or death. Your ability to participate in the event(s) is/are subject to your agreement to the waiver and by agreeing herein, you accept and agree to the terms of the waiver and release agreement.
By indicating your acceptance, you understand, agree, warrant and covenant as follows:
By agreeing and submitting your registration, you agree and abide to the Waiver & Release with the full knowledge and appreciation that this event is potentially a hazardous activity, assume all risks attendant thereto and thus release, waiver and forever discharge Runstreet Inc. as well as the event director, sponsors, volunteers, landowners and any local, state, or government entity from any and all liability or responsibility for injuries and or property damage which may occur during any event put on by this event director. This waiver and release includes you and all parties herein, and all heirs, executors or administrators thereto, and is given in full awareness of its contents and in consideration of acceptance/entry into this event.
Further I agree to abide by the rules and regulations of the event and any other local, state and municipal laws applicable.
YOU UNDERSTAND THAT PARTICIPATION IN THE EVENT IS POTENTIALLY HAZARDOUS, AND THAT A REGISTERED PARTY SHOULD NOT PARTICIPATE UNLESS THEY ARE MEDICALLY ABLE AND PROPERLY TRAINED. YOU UNDERSTAND THAT EVENTS MAY BE HELD OVER PUBLIC ROADS AND FACILITIES OPEN TO THE PUBLIC DURING THE EVENT AND UPON WHICH HAZARDS ARE TO BE EXPECTED. PARTICIPATION CARRIES WITH IT CERTAIN INHERENT RISKS THAT CANNOT BE ELIMINATED COMPLETELY RANGING FROM MINOR INJURIES TO CATASTROPHIC INJURIES INCLUDING DEATH. YOU UNDERSTAND AND AGREE THAT IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE EVENT, YOU AND ANY REGISTERED PARTY, THE HEIRS, PERSONAL REPRESENTATIVES OR ASSIGNS OF YOU OR THE REGISTERED PARTY DO HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE ACTIVE FOR ANY AND ALL LIABILITY FROM ANY AND ALL CLAIMS ARISING FROM PARTICIPATION IN THE EVENT BY YOU OR ANY REGISTERED PARTY.
3. Limitation of Liability; Disclaimer of Warranties. The Event Director SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF THE EVENT DIRECTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4. Indemnification. You agree to indemnify and hold the Event Director, Runstreet Inc., and the property owner harmless from and against any and all damages, costs, claims or demands, including reasonable attorneys’ fees, made by any third party due to or arising from or relating to your use.
Severability. You further expressly agree that this Agreement and Waiver is intended to be as broad and inclusive as is permitted by the law of the State of New York and that if any provision of this Agreement and Waiver shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and Waiver and shall not affect the validity and enforceability of any remaining provisions.
BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND WAIVER, YOU ARE AFFIRMING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND WAIVER AND FULLY UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE SIGNING THE AGREEMENT AND WAIVER FREELY AND VOLUNTARILY, AND INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
You must be over 18 years of age OR the parent/legal guardian of a minor under 18 years of age OR the legal guardian of an incapacitated and/or mentally challenged person in order to agree to the text above.*
“I have enrolled in the running event offered by Runstreet, Inc. I recognize that the program may involve strenuous physical activity including, but not limited to, muscle strength and endurance training, cardiovascular conditioning and training, and other various fitness activities. I hereby affirm that I am in good physical condition and do not suffer from any known disability or condition which would prevent or limit my participation in this exercise program. I acknowledge that my enrollment and subsequent participation is purely voluntary.”
“In consideration of my participation in this program, I hereby release Runstreet, Inc. and its agents from any claims, demands, and causes of action as a result of my voluntary participation in this event.”
“I fully understand that I may injure myself as a result of my enrollment and subsequent participation in this event and I hereby release Runstreet, Inc. and its agents from any liability now or in the future for conditions that I may obtain. These conditions may include, but are not limited to, heart attacks, muscle strains, muscle pulls, muscle tears, broken bones, shin splints, heat prostration, injuries to knees, injuries to back, injuries to foot, or any other illness or soreness that I may incur, including death.”
Covid-19 Waiver Warning
RUNSTREET INC. has taken enhanced health and safety measures — for you, other attendees, exhibitors, and staff. You must follow all posted instructions while visiting RUNSTREET events and activities. An inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death. I acknowledge that participation in RUNSTREET events and activities brings some risk and I do hereby assume responsibility for my own well-being. I will follow all Centers for Disease Control and Prevention (CDC) guidance, and all posted instructions while visiting RUNSTREET events and activities. I understand, agree and hereby consent that my failure or disregard to follow all protocols in effect and required by RUNSTREET, CDC, the venue provider and governing authorities during my attendance at RUNSTREET events is hereby sufficient grounds to be excluded from attending the event by RUNSTREET or an event authority, and I hereby consent in advance to leave and exit the event, without protest or refund, upon request by RUNSTREET or an event authority due to my refusal to follow said protocols.
Assumption of Risk
I have read and understood the above warning concerning COVID-19. I hereby choose to accept the risk of contracting COVID-19 for myself in order to attend a RUNSTREET conference and enter into the conference premises. The conference is of such value to me that I accept the risk of being exposed to, contracting, and/or spreading COVID-19 in order to attend in person.
Waiver, Release, and Indemnification
As a condition of my participation in this event, I, do hereby expressly waive any rights against and release and hold harmless RUNSTREET INC. and any of its officers, employees, affiliates, contractors, agents, heirs, legal successors, and assigns (collectively “RUNSTREET”) from and against any and all claims, suits, demands, losses, damages, expenses, or liability of whatever kind or nature (collectively “liability”), under any theory of law or equity, that may arise during or as a result of my presence at the premises, including but not limited to any such liability related to or arising out of illness, injury, or death associated with infection of COVID-19 or complications, symptoms, or other effects resulting from contracting COVID-19. I shall defend, indemnify, and hold harmless RUNSTREET 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 attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out or resulting from any claim of a third party related to the Activities.
I UNDERSTAND, AND IT IS MY EXPRESS INTENT, THAT THIS RELEASE AND WAIVER OF LIABILITY RELEASES Runstreet Inc. FROM SUCH LIABILITY EVEN IF SUCH LIABILITY RESULTS FROM OR IS CAUSED BY THE SOLE OR CONTRIBUTORY OR ACTIVE OR PASSIVE NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL FAULT OF Runstreet OR ANY THIRD PARTY. I ALSO UNDERSTAND AND AGREE THAT Runstreet DOES NOT ASSUME ANY RESPONSIBILITY OR OBLIGATION TO PROVIDE FINANCIAL OR OTHER ASSISTANCE, INCLUDING BUT NOT LIMITED TO MEDICAL, HEALTH, OR DISABILITY ASSISTANCE IN THE EVENT OF INJURY OR ILLNESS. IN THE EVENT THAT I OR MY FAMILY MEMBER IS INJURED, BECOMES ILL, OR SUFFERS COMPLICATIONS DUE TO COVID-19, ALLEGEDLY AS A RESULT OF MY PARTICIPATION IN A RUNSTREET EVENT, I AGREE TO RELEASE AND HOLD HARMLESS RUNSTREET IN THE SAME MANNER AND TO THE SAME EXTENT AS SET FORTH ABOVE.
RUNSTREET Transfer Policy
If another individual participates in my place per Runstreet transfer policy, the new registrant must agree to this disclaimer and waiver by default of transfer in writing.
Choice of Law and Venue
I understand and agree that the law of the State of New York will apply to this contract.
BY COMPLETING THE REGISTRATION FOR THIS EVENT, I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL PROVISIONS OF THIS RELEASE. AND FREELY AND KNOWINGLY ASSUME THE RISK AND WAIVE MY RIGHTS CONCERNING LIABILITY AS DESCRIBED ABOVE.
Baggage Waiver
I hereby release the company RUNSTREET from any liability of the contents of my bag from the event bag drop. All contents of my bag are my responsibility before pickup and after returning the bag to me. My bag does not contain any illegal weapons, drugs, drug paraphernalia or items that may result in confiscation of my luggage by any representatives of Law Enforcement and their Agencies.
***IF YOUR BAG CONTAINS FRAGILE ITEMS, PLEASE REMOVE THESE ITEMS***
Runstreet does not accept liability for wallets, IDs, running clothing or gear, running shoes, bags, collectibles, artifacts, antiques, irreplaceable items, precious metals/stones, money, jewelry, silverware, keys, spirits, electronic devices, artistic items, paintings, works of art, personal documents, negotiable papers, natural fur products, heirlooms, photographic/electronic/video equipment and related items, computer hardware, software, electronic components, and equipment, sound reproduction equipment, business equipment, books and manuscripts, medicines, orthotics and optics, fragile or perishable items, musical instruments, radios, or framed items.
RUNSTREET will not be responsible for fragile items that may get damaged due to bag handling and placement into our vehicles.
I agree and understand the conditions set forth within this waiver of liability and shall leave my bag to be held/stored with the company RUNSTREET in good faith. The bag has been secured by me, the owner.
Dogs
If I am bringing a dog to the event or handling any dog at the event, I hereby agree to the following:
I am the legal owner of the dog.
The dog is up to date on all city, local and national vaccines as required by law, including rabies, canine distemper virus, parvovirus, leptospirosis and canine hepatitis.
The dog has no history of agression against humans or other dogs and has been socialized to be in a city environment.
The dog has no health conditions that could be a hindrance to exercise or participating in a walk or run.
The dog is in good health and has no contagious diseases or conditions.
Photo and Social Media Release
I, the undersigned, do hereby grant permission to Runstreet Inc. to post my story, photo, video, or other item, hereinafter referred to as “Materials,” taken at any Runstreet event or Runstreet-affiliated event. These “Materials” may be used in Runstreet newsletters, promotions, social media, advertising and any mediums chosen by Runstreet Inc.
I hereby release you, your representative, employees, managers, members, officers, parent companies, subsidiaries, and directors, from all claims and demands arising out of or in connection with any use of said “Materials”, including, without limitation, all claims for invasion of privacy, infringement of my right of publicity, defamation and any other personal and/or property rights. I acknowledge and agree that no sums whatsoever will be due to me as a result of the use and/or exploitation of the “Materials” or any rights therein.
Non-Compete and Confidentiality
This MUTUAL NON-DISCLOSURE & Non-Compete AGREEMENT (the “Agreement” or “NDA”) is made this (the “Effective Date”) by and between Runstreet, Inc. (“RUNSTREET”), a New York corporation with offices located at 223 Bedford Avenue #1076, Brooklyn, NY 11211, and client (the “Company”) (Collectively referred to as the “Parties” and individually referred to as the “Party”).
WHEREAS, RUNSTREET and Company wish to exchange information of a proprietary and confidential nature relating to the business of RUNSTREET and Company’s current and future products and product plans, including but not limited to running routes (collectively the “Confidential Information”) for the purpose of determining business opportunities between RUNSTREET and Company (the “Purpose”);
WHEREAS, each Party is willing to disclose the Confidential Information upon certain conditions which assure that the Confidential Information will be protected; and,
WHEREAS, after the exchange of Confidential Information, neither Party is obligated to do continued business with the other Party.
NOW, THEREFORE, the Parties agree as follows:
Confidential Information. For the purposes of this Agreement, Confidential Information shall mean any information communicated, whether written or verbal, disclosed by the disclosing party, its affiliates, employees or agents (the “Disclosing Party”) to the other Party, its affiliates, employees or agents (the “Receiving Party”), pertaining to or regarding running routes, relationships with street artists, fitness routines, product information, services, business plans, financial conditions, sales, research, strategies, forecasts, products, developments, methodologies, techniques, technologies, processes, plans, properties, operations, information regarding with whom the Party interacts (e.g., employees, independent contractors, customers, prospective customers, investors, distributors, suppliers, partners), trade secrets, proposed trade names, know-how, ideas, studies, concepts, designs, drawings, flow charts, diagrams, identifiable information about individuals in the Party’s organization, software/computer/source/object codes, inventions (whether patented or not) and other intellectual property relating to the Purpose furnished and identified as being confidential by the Disclosing Party to the Receiving Party. Disclosing Party shall identify Confidential Information verbally when in discussion and in written form when exchanging documents.
I HEREBY AFFIRM THAT I HAVE READ AND FULLY UNDERSTAND THE ABOVE STATEMENTS.