WAIVER – Meet Me at the Market CR 

ADULT – MEET ME AT THE MARKET

AGREEMENT, ASSUMPTION OF RISK, RELEASE OF LIABILITY, INDEMNITY AND PHOTO RELEASE

In consideration of being permitted to participate in the Meet Me at the Market and its related events (Events):

  1. I acknowledge that participating in the Events involves the potential for serious injury, death and property damage. In choosing to participate in the Events, I fully accept and assume all risks, whether before, during or after the Events.  These include without limitation, physical injury, mental injury, emotional distress, trauma, sickness, illness, death, contact with others, the effects of weather including extreme temperature or conditions, traffic, contact with motor vehicles of all types, collision with other persons or fixed objects, the conditions of and design or other defects in the road, trail or route, and the negligence of others, including without limitation, those persons organizing, sponsoring, or participating in the Events.
  2. I represent I am in sound medical condition and am capable of participating in the Events without risk to myself or others. I will be solely responsible for the condition and adequacy of any equipment I use.
  3. I agree I will, at all times, be aware of the surroundings during the Events. I agree if I consider anything related to the Events to be unsafe, I will immediately advise the Events officials of my safety concern, and if necessary, will leave the area or refuse to participate further in the Events.
  1. I authorize any medical treatment, including the administration of anesthesia, deemed advisable by any licensed physician to treat any injuries received or illness contracted by me as a participant in the Events.
  2. I, for myself, spouse, children, heirs, next of kin, and anyone acting on my behalf waive, release and discharge, and covenant not to sue and agree to hold the NewBo City Market, the Events’ sponsors, volunteers, NewBo City Market vendors, and participating clubs and organizations, including others who give recommendations, directions, or instructions as part of these Events, and the elected officials, officers, directors, employees, representatives, agents, assigns and successors of the above parties harmless from any and all claims, demands and actions of any and every kind, including claims of negligence I may have against the above parties relating in any respect to my attending or participating in the Events.  My waiver and release of all claims, demands, actions and liabilities shall include without limitation, any person injury, accident, illness or death and any property damage or loss.
  3. I agree to indemnify and hold the above parties harmless from all losses, damages, injuries, claims and expenses, including attorney’s fees, arising from or relating in any respect to my attendance and /or participation in the Events or my breach of this agreement.
  1. I understand my name, address, photograph, voice or other likeness may be used in news, promotional, or advertising content in all media forms. By providing my e-mail address, I authorize NewBo City Market to send me program updates, reminders and related information by e-mail.I consent to such uses and waive any rights of privacy or publicity I may have in connection with those uses. I also waive any privacy rights that may result from disclosure of information about me, including without limitation in connection with the provision of any medical services provided by the Events’ sponsors or organizers.
  1. I agree this Agreement, Assumption of Risk, Release of Liability, Indemnity and Photo Release is intended to be as broad and inclusive as is permitted by Iowa law including any governmental immunity afforded the City of Cedar Rapids by law, and if any portion is held invalid, it is agreed the balance shall continue in full legal force and effect.

I have read the Agreement, Assumption of Risk, Release of Liability, Indemnity and Photo Release, and fully understand its terms.  I understand I have given up substantial rights by signing it, and sign it voluntarily without assurance or guarantee being made to me and intend my signature to be a complete and unconditional release of all liability to the fullest extent permitted by Iowa law.

 

MINOR – MEET ME AT THE MARKET

AGREEMENT, ASSUMPTION OF RISK, RELEASE OF LIABILITY, INDEMNITY AND PHOTO RELEASE

I/We as the parent(s), guardian(s), or legal custodian of the minor child(ren) (hereafter We and Our) named below, and in consideration of Our minor child being permitted to participate in the Meet Me at the Market and its related events (Events):

  1. Acknowledge that participating in the Events involves the potential for serious injury, death and property damage. In choosing to allow Our child to participate in the Events, We fully accept and assume all risks, whether before, during or after the Events.  These include without limitation, physical injury, mental injury, emotional distress, trauma, sickness, illness, death, contact with others, the effects of Weather including extreme temperature or conditions, traffic, contact with motor vehicles of all types, collision with other persons or fixed objects, the conditions of and design or other defects in the road, trail or route, and the negligence of others, including without limitation, those persons organizing, sponsoring, or participating in the Events.   We have fully assessed the risks of the Events and represent that Our child(ren) named below is/are in sound medical condition and qualified and capable of participating in the Events without risk of injury or loss to others.
  1. Agree We will be solely responsible for the condition and adequacy of any equipment used by Our child(ren).
  1. Agree that during the entire period of Our child(ren)’s participation in the Events, We will provide direct supervision for Our minor child(ren) and will be solely responsible for such supervision. We agree if We consider anything related to the Events to be unsafe, We will immediately advise the Events officials of Our safety concern, and if necessary, will leave the area or refuse to allow Our child(ren) to participate further in the Events.
  1. Agree that in executing this Agreement, Assumption of Risk, Release of Liability, Indemnity and Photo Release on behalf of the child(ren) named below, We agree to release all claims We may have personally by or through Our minor child and otherwise accept all of the obligations, terms, covenants and agreements insofar as they relate to rights We hold directly and derivatively through the minor child(ren) named below and as to any rights We may exercise, release or waive on behalf of Our minor child as permitted by applicable law.
  1. For Ourselves, our spouse, children, heirs, next of kin, and anyone acting on Our child(ren)’s behalf, We waive, release and discharge, and covenant not to sue and agree to hold the NewBo City Market, the Events’ sponsors, volunteers, NewBo City Market vendors, and participating clubs and organizations, including others who give recommendations, directions, or instructions as part of these Events, and the elected officials, officers, directors, employees, representatives, agents, assigns and successors of the above parties harmless from any and all claims, demands and actions of any and every kind, including claims of negligence We may have against the above parties relating in any respect to Our child(ren)’s attendance or participation in the Events. Our waiver and release of all claims, demands, actions and liabilities shall include without limitation, any personal injury, accident, illness or death and any property damage or loss.
  1. Agree jointly and severally to indemnify and hold harmless the Bike2Work Consultants, Cedar Rapids City Market, Inc. d/b/a NewBo City Market, Cedar Rapids Area Convention and Visitors Bureau, City of Cedar Rapids Parks and Recreation and BikeCR, Corridor Running, Dance Club Cardio, YMCA of the Cedar Rapids Metropolitan Area, Linn County Trails Association, Mercy Medical Center – Cedar Rapids Iowa, Northtowne Cycling and Fitness, We Run LLC, the Events’ sponsors, volunteers, NewBo City Market vendors, and participating clubs and organizations, including others who give recommendations, directions, or instructions as part of these Events, and the elected officials, officers, directors, employees, representatives, agents, assigns and successors of the above, from and against any and all losses, damages, costs or expenses arising from any and all claims, demands and actions of any and every kind, including claims of negligence, that Our minor child(ren) may have against the above-named parties to the extent proximately caused by Our minor child(ren)’s participation in the Events. These include, without limitation, physical injury, mental injury, emotional distress, trauma, sickness, illness, death, contact with others, equipment failure, inadequate safety equipment, the effects of Weather including extreme temperature or conditions, traffic, contact with motor vehicles of all types and descriptions, collision with other persons, or fixed objects, the conditions of and/or design and other defects in the road, trail and all risks along the route, and the negligence of others, including, without limitation, those persons organizing, sponsoring, or participating in the Events.  This indemnity includes Our agreement to reimburse the released parties for all payments they may make and liabilities they may incur to or for the benefit of Our minor child(ren), including but not limited to judgments for personal injury, wrongful death or other claims resulting from their actions or failure to act, even if the same includes their negligence.    We agree to indemnify and hold the above parties harmless from all losses, damages, injuries, claims and expenses, including attorney’s fees, arising from Our breach of this agreement.
  1. Understand Our child(ren)’s name, address, photograph, voice or other likeness may be used in news, promotional, or advertising content in all media forms. By providing our e-mail address, I authorize NewBo City Market to send us program updates, reminders and related information by e-mail.We consent to such uses and waive any rights of privacy or publicity We may have in connection with those uses. We also waive any privacy rights that may result from disclosure of information about Our child(ren), including without limitation in connection with the provision of any medical services provided by the Events’ sponsors or organizers.
  1. Agree that should Our minor child(ren) have the right to bring any claim, demand, action, or any and every kind, against the above-named parties, We, on behalf of Our minor child(ren), agree to pursue and/or settle any and all such claims or controversies exclusively by final and binding arbitration before a neutral arbitrator in Cedar Rapids, Iowa.
  1. Agree the terms of this Agreement, Assumption of Risk, Release of Liability, Indemnity and Photo Release shall be governed by the laws of the State of Iowa and shall be interpreted liberally to give maximum force and effect to Our intent to be fully and solely responsible for the Welfare of Our minor child(ren) named below and for any and all liability, loss or injury that may arise from his/her/their participation in the Events even if the same involves the negligence of others. If any term of this addendum is determined by a court of competent jurisdiction to be invalid, illegal or incapable of being enforced, then all other terms of this addendum will nevertheless remain in full force and effect, and such term automatically will be amended so that it is valid, legal and enforceable to the maximum extent permitted by applicable law, but as close to the parties’ original intent as is permissible.

We have read the Agreement, Assumption of Risk, Release of Liability, Indemnity and Photo Release, and fully understand its terms.  We understand We have given up substantial rights by signing it, and sign it voluntarily without assurance or guarantee being made to me/us and intend Our signature to be a complete and unconditional release of all liability to the fullest extent permitted by Iowa law.