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Waiver
2024 DENVER COLFAX MARATHON RELEASE AND WAIVER OF RIGHTS
PLEASE READ CAREFULLY BEFORE SIGNING.
THIS IS A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS.
1. In consideration of being able to participate in the in the 2024 Denver Colfax Marathon and/or its related activities and events, I hereby agree to release and hold harmless Colfax Marathon Partnership, Inc., Colfax Marathon, Cigna Corporate Services, LLC, and the governments of the Cities of Aurora, Denver, and Lakewood, Colorado, and all of their respective affiliated organizations and sponsors and respective insurance carriers, agents, volunteers, representatives, attorneys, assignees, members, managers, officers, directors, shareholders, contractors, and subcontractors (collectively referred to in this Release as “Colfax Marathon Released Parties”) for any and all liability and/or claims for injury or death or damage to property arising in any way from the 2024 Denver Colfax Marathon or related activities and events, including but not limited to all races, runs, and walks, transportation related to such activities, and celebrations, expos, and parties related to such activities (which are referred to collectively below as “activity” or “activities”).
2. I agree to not sue or bring any claim against Colfax Marathon Released Parties on any basis, including but not limited to, claims of negligence, negligence per se, premises liability, or breach of warranty. I understand that this Release includes a release of all claims even if they involve statutory violations or the negligent action or inactions of Colfax Marathon Released Parties.
3. I acknowledge the activities involve both known and unknown risks. The known risks include, but are not limited to:
falling; slipping; natural and manmade hazards; contact or impact with others or their items; running and walking conditions; uneven, loose, and/or slippery surfaces; collisions; falling objects; animals; adverse weather conditions including but not limited to heat, cold, lightning, rain, snow, and hail; traffic; vehicular accidents; criminal activities; limited access to and/or delay of medical attention; fatigue; illness; exhaustion; dehydration; heat-related injuries/illnesses; cold-related injuries/illnesses; frostbite; burns; trauma; effects from drug or alcohol use; and negligence of others.
I understand that the description of risks above is not complete and that the activities may be dangerous and include other risks. I voluntarily assume the risk of injury and/or death.
4. I agree that I will be personally liable for and will pay all reasonable attorneys’ fees and costs incurred by Colfax Marathon Released Parties in defending any lawsuits or claims covered by this Release or any activity of mine with Colfax Marathon Released Parties. I agree that under no circumstances will Colfax Marathon Released Parties ever be responsible for any of my attorneys’ fees.
5. I will not participate in any activities unless I am medically able to do so and properly trained.
6. I understand and acknowledge that I am not required to participate in the activities; and that should I participate in activities, that is my voluntary choice. I voluntarily assume all risks.
7. I agree to obey and accept the rules of the activities as published by the Colfax Marathon Released Parties or otherwise made known to me, and to abide by the decision of any race official concerning my ability to safely complete any of the activities.
8. If I need medical care, I will pay all costs associated with medical care and related transport, and release, defend, and indemnify Colfax Marathon Released Parties for any costs incurred from such medical care and transport, and any claims regarding medical care and/or transport (including claims regarding failure to provide medical care and/or transport). I further authorize any providers of medical care associated with the activities to assist me as, in the opinion of such persons, may be necessary or appropriate.
9. I agree to fully defend, indemnify, and hold harmless the Colfax Marathon Released Parties from any lawsuits or claims brought by any third persons that involved, in any manner, my actions or inactions.
10. I consent to the uncompensated use of my image or voice in any photographs, video, film, and sound recordings by the Colfax Marathon Released Parties for the purpose of publicizing or documenting the Activities or for any other related purpose.
11. I agree that if all or any portion of the 2024 Denver Colfax Marathon/Activities is/are cancelled for any reason, the Colfax Marathon Released Parties shall not have any liability to me as a result of such cancellation, including any obligation to refund my fee (or in the case of captains/coordinators, my team’s entry fee, which is non-refundable in all circumstances.)
12. Participants in the activities may be subject to formal drug testing in accordance with USA Track & Field rules and IAAF rule 144. Participants found positive for banned substances or who refuse to be tested will be disqualified from the Activities and may lose eligibility for future competitions. Some prescription and over-the-counter medications contain banned substances. Information regarding drugs and drug testing may be obtained by calling the USOC Hot Line at 1-800-233-0393.
13. I give permission to be contacted by interested media with regard to the activities or my participation therein. I understand the marathon course will only be open for six (6) hours (the half for 3.5 hours, and the 10 miler for 2.5 hours) and can finish within this time frame.
14. By signing this, I represent that I am at least 18 years of age, or, that my parent or legal guardian is also signing this document along with me. If I am signing as the parent or legal guardian, I represent that I am the legal parent or legal guardian of the minor participant.
15. If I am signing as the parent or guardian, I agree that I am signing this on behalf of the minor. I further agree that both I and the minor are bound by all the terms of this Release, and both I and the minor are considered “I” in all the clauses of this Release.
16. I agree that any and all claims for injury or death against Colfax Marathon Released Parties or related to this Release in any way shall be governed by Colorado law, and the exclusive jurisdiction of any such claim shall be in Colorado federal court or the City and County of Denver District or County Court.
17. For Captains/Coordinators – If I am a captain/coordinator registering an entire team, I represent that either (i) I have been authorized by my teammates to execute this Release on their behalf as their agent, and my signature constitutes acceptance of this Release by me and by the other participants on my team or (ii) I am responsible for having all team members sign the waiver electronically. I further agree to fully defend, indemnify, and hold harmless the Colfax Marathon Released Parties regarding any claims by my teammates. This applies to Family 4 pack purchasers as well.
18. The provisions of this Release and any other liability waiver to which I agree (including the waiver printed on the back of my race bib) are cumulative and do not replace or supersede each other.
19. This Release is binding to the fullest extent permitted by law. If any provision of this Release is found to be unenforceable, the remaining terms shall remain enforceable. I agree that this Release shall be binding upon my assignees, subrogors, heirs, next of kin, executors, and personal representatives.
20. I have read and fully understand the terms of this Release. I confirm that I voluntarily agree to the terms of this Release and I voluntarily agree to participate in the activities.
21. I understand and agree that entry fees are non-refundable and non-deferrable. There is a fee for transferring registrations to another runner.
22. Regardless of any steps taken by CMPI to reduce the risks associated with the COVID-19 pandemic, I am fully aware that there are a number of risks associated with participating in the Denver Colfax Marathon (the “Event”) during the COVID-19 pandemic, including without limitation, being exposed to and contracting COVID-19 from other participants or individuals involved in the Event, surfaces, and/or airborne particles. I understand that contracting COVID-19 could result in serious medical symptoms requiring medical treatment in a hospital or even death. On behalf of myself, my heirs, successors and assigns, I knowingly and freely, assume all risks related to COVID-19, both known and unknown, relating to my participation in the Event, including all illnesses, injuries, damages or death arising therefrom, and I hereby forever release, waive, relinquish, and discharge the Colfax Marathon Released Parties from any and all claims, demands, liabilities, rights, damages, expenses, and causes of action of whatever kind or nature, and other losses of any kind, whether known or unknown, foreseen or unforeseen, (collectively, “Damages”) arising from or relating to COVID-19 as a result of my participation in the Event, and including but not limited to claims based on the alleged negligence of any member of the Colfax Marathon Released Parties or any other person. I further promise not to sue any of the Colfax Marathon Released Parties for any illness, injury, death or other Damages arising out of or related to COVID-19 and agree to indemnify and hold them harmless from any and all Damages resulting therefrom as a result of my participation in the Event.
2024 DENVER COLFAX MARATHON RELEASE AND WAIVER OF RIGHTS
PLEASE READ CAREFULLY BEFORE SIGNING.
THIS IS A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS.
1. In consideration of being able to participate in the in the 2024 Denver Colfax Marathon and/or its related activities and events, I hereby agree to release and hold harmless Colfax Marathon Partnership, Inc., Colfax Marathon, Cigna Corporate Services, LLC, and the governments of the Cities of Aurora, Denver, and Lakewood, Colorado, and all of their respective affiliated organizations and sponsors and respective insurance carriers, agents, volunteers, representatives, attorneys, assignees, members, managers, officers, directors, shareholders, contractors, and subcontractors (collectively referred to in this Release as “Colfax Marathon Released Parties”) for any and all liability and/or claims for injury or death or damage to property arising in any way from the 2024 Denver Colfax Marathon or related activities and events, including but not limited to all races, runs, and walks, transportation related to such activities, and celebrations, expos, and parties related to such activities (which are referred to collectively below as “activity” or “activities”).
2. I agree to not sue or bring any claim against Colfax Marathon Released Parties on any basis, including but not limited to, claims of negligence, negligence per se, premises liability, or breach of warranty. I understand that this Release includes a release of all claims even if they involve statutory violations or the negligent action or inactions of Colfax Marathon Released Parties.
3. I acknowledge the activities involve both known and unknown risks. The known risks include, but are not limited to:
falling; slipping; natural and manmade hazards; contact or impact with others or their items; running and walking conditions; uneven, loose, and/or slippery surfaces; collisions; falling objects; animals; adverse weather conditions including but not limited to heat, cold, lightning, rain, snow, and hail; traffic; vehicular accidents; criminal activities; limited access to and/or delay of medical attention; fatigue; illness; exhaustion; dehydration; heat-related injuries/illnesses; cold-related injuries/illnesses; frostbite; burns; trauma; effects from drug or alcohol use; and negligence of others.
I understand that the description of risks above is not complete and that the activities may be dangerous and include other risks. I voluntarily assume the risk of injury and/or death.
4. I agree that I will be personally liable for and will pay all reasonable attorneys’ fees and costs incurred by Colfax Marathon Released Parties in defending any lawsuits or claims covered by this Release or any activity of mine with Colfax Marathon Released Parties. I agree that under no circumstances will Colfax Marathon Released Parties ever be responsible for any of my attorneys’ fees.
5. I will not participate in any activities unless I am medically able to do so and properly trained.
6. I understand and acknowledge that I am not required to participate in the activities; and that should I participate in activities, that is my voluntary choice. I voluntarily assume all risks.
7. I agree to obey and accept the rules of the activities as published by the Colfax Marathon Released Parties or otherwise made known to me, and to abide by the decision of any race official concerning my ability to safely complete any of the activities.
8. If I need medical care, I will pay all costs associated with medical care and related transport, and release, defend, and indemnify Colfax Marathon Released Parties for any costs incurred from such medical care and transport, and any claims regarding medical care and/or transport (including claims regarding failure to provide medical care and/or transport). I further authorize any providers of medical care associated with the activities to assist me as, in the opinion of such persons, may be necessary or appropriate.
9. I agree to fully defend, indemnify, and hold harmless the Colfax Marathon Released Parties from any lawsuits or claims brought by any third persons that involved, in any manner, my actions or inactions.
10. I consent to the uncompensated use of my image or voice in any photographs, video, film, and sound recordings by the Colfax Marathon Released Parties for the purpose of publicizing or documenting the Activities or for any other related purpose.
11. I agree that if all or any portion of the 2024 Denver Colfax Marathon/Activities is/are cancelled for any reason, the Colfax Marathon Released Parties shall not have any liability to me as a result of such cancellation, including any obligation to refund my fee (or in the case of captains/coordinators, my team’s entry fee, which is non-refundable in all circumstances.)
12. Participants in the activities may be subject to formal drug testing in accordance with USA Track & Field rules and IAAF rule 144. Participants found positive for banned substances or who refuse to be tested will be disqualified from the Activities and may lose eligibility for future competitions. Some prescription and over-the-counter medications contain banned substances. Information regarding drugs and drug testing may be obtained by calling the USOC Hot Line at 1-800-233-0393.
13. I give permission to be contacted by interested media with regard to the activities or my participation therein. I understand the marathon course will only be open for six (6) hours (the half for 3.5 hours, and the 10 miler for 2.5 hours) and can finish within this time frame.
14. By signing this, I represent that I am at least 18 years of age, or, that my parent or legal guardian is also signing this document along with me. If I am signing as the parent or legal guardian, I represent that I am the legal parent or legal guardian of the minor participant.
15. If I am signing as the parent or guardian, I agree that I am signing this on behalf of the minor. I further agree that both I and the minor are bound by all the terms of this Release, and both I and the minor are considered “I” in all the clauses of this Release.
16. I agree that any and all claims for injury or death against Colfax Marathon Released Parties or related to this Release in any way shall be governed by Colorado law, and the exclusive jurisdiction of any such claim shall be in Colorado federal court or the City and County of Denver District or County Court.
17. For Captains/Coordinators – If I am a captain/coordinator registering an entire team, I represent that either (i) I have been authorized by my teammates to execute this Release on their behalf as their agent, and my signature constitutes acceptance of this Release by me and by the other participants on my team or (ii) I am responsible for having all team members sign the waiver electronically. I further agree to fully defend, indemnify, and hold harmless the Colfax Marathon Released Parties regarding any claims by my teammates. This applies to Family 4 pack purchasers as well.
18. The provisions of this Release and any other liability waiver to which I agree (including the waiver printed on the back of my race bib) are cumulative and do not replace or supersede each other.
19. This Release is binding to the fullest extent permitted by law. If any provision of this Release is found to be unenforceable, the remaining terms shall remain enforceable. I agree that this Release shall be binding upon my assignees, subrogors, heirs, next of kin, executors, and personal representatives.
20. I have read and fully understand the terms of this Release. I confirm that I voluntarily agree to the terms of this Release and I voluntarily agree to participate in the activities.
21. I understand and agree that entry fees are non-refundable and non-deferrable. There is a fee for transferring registrations to another runner.
22. Regardless of any steps taken by CMPI to reduce the risks associated with the COVID-19 pandemic, I am fully aware that there are a number of risks associated with participating in the Denver Colfax Marathon (the “Event”) during the COVID-19 pandemic, including without limitation, being exposed to and contracting COVID-19 from other participants or individuals involved in the Event, surfaces, and/or airborne particles. I understand that contracting COVID-19 could result in serious medical symptoms requiring medical treatment in a hospital or even death. On behalf of myself, my heirs, successors and assigns, I knowingly and freely, assume all risks related to COVID-19, both known and unknown, relating to my participation in the Event, including all illnesses, injuries, damages or death arising therefrom, and I hereby forever release, waive, relinquish, and discharge the Colfax Marathon Released Parties from any and all claims, demands, liabilities, rights, damages, expenses, and causes of action of whatever kind or nature, and other losses of any kind, whether known or unknown, foreseen or unforeseen, (collectively, “Damages”) arising from or relating to COVID-19 as a result of my participation in the Event, and including but not limited to claims based on the alleged negligence of any member of the Colfax Marathon Released Parties or any other person. I further promise not to sue any of the Colfax Marathon Released Parties for any illness, injury, death or other Damages arising out of or related to COVID-19 and agree to indemnify and hold them harmless from any and all Damages resulting therefrom as a result of my participation in the Event.
Check here to show you accept the terms stated above for yourself or for a minor Volunteer for which you are the parental guardian.
