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São Paulo 

August 22, 2019

Sydney 2018 Injury Waiver & Release

Bloomberg Square Mile Relay 2018

RELEASE AND WAIVER

 

All participants of the Bloomberg Square Mile Relay 2018 are required to accept the provisions of this Release and Waiver before taking part in the race.

 

ALL PARTICIPANTS READ CAREFULLY BEFORE ACCEPTING 

1. By clicking “I ACCEPT”, in consideration of allowing me to enter and participate in the Bloomberg Square Mile Relay 2018 (the “Event”) I hereby acknowledge and declare as follows:

1.1 I wish to enter and participate in the Event upon and subject to the provisions of this Release and Waiver, the Event terms and conditions and the Event rules.

1.2 I understand that the Event is a potentially dangerous athletic event and that my participation in the Event may result in personal injury or harm. I therefore recognise that my participation in the Event is entirely at my own risk and subject to applicable law I agree to assume all risks of loss, damage, injury or death which may be sustained.

1.3 I am physically fit and able for the purposes of competing in the Event.

1.4 I understand my physical limitations and am sufficiently self-aware to stop physical activity and cease competing in the Event before I become ill or injured.

1.5 I am aware that some streets in close proximity to the Event race course are open to regular vehicular traffic during the race and that it shall be my responsibility to protect myself from any danger or risks which may exist.

1.6 I am aware no water stations exist on the Event race course and that it shall be my sole responsibility to obtain any refreshments and sustenance which I may require during my participation in the Event.

1.7 I will obey all traffic laws and regulations and any other applicable laws and agree to be bound by and obey all other rules, regulations, terms and conditions specified by Benchmark Sport Limited (“Benchmark Sport“) and/or Sport Media Entertainment 360 and/or their respective officials or permitted assigns and representatives during all aspects of my participation or involvement with the Event including those rules, regulations, terms or conditions contained in this Release and Waiver, the Event terms and conditions, the Event rules and any other applicable safety rules as may be supplied from time to time.

1.8 I will adhere to the direction of race marshals whilst on the course.

1.9 I understand that failing to adhere to the Event rules or any direction of any Event organiser could result in my being penalised or disqualified from the Event.

1.10 That intending to be legally bound and subject to applicable law, I do hereby, for myself, and my heirs, executors, and administrators:

1.10.1 Waive, release and forever discharge any and all rights or claims for damages which I may have or which hereafter accrue to me against all persons, organisations, and legal entities affiliated with the Event including, without limitation, Benchmark Sport and Sport Media Entertainment 360, their affiliates, subsidiary and holding companies together with their respective representatives, officers, employees, agents, successors, assigns, and sponsors (together, the “Indemnified Parties”), for any and all damages which may be sustained or suffered by me in conjunction with my entry into, and/or arising out of my travel to, participation in, or return from the Event; and

1.10.2 Irrevocably indemnify and forever hold the Indemnified Parties harmless from and against all costs and expenses (including legal costs), actions, proceedings, claims, demands and damages arising from a breach by myself or my fellow team members of the undertakings contained herein or arising from any act or omission of myself or my fellow team members.

Without prejudice to the foregoing I further acknowledge and agree that:

(a) I will, jointly and severally with my fellow team members, undertake to the Indemnified Parties to be liable for any death or personal injury to third parties, damage to property or any other claims, losses, costs (including, without limitation, all legal costs) or demands arising out of any negligent or wilful act or omission by myself and/or my fellow team members whether arising during my participation in the Event or otherwise; and

(b) Under no circumstances will any of the Indemnified Parties be liable for any actual or alleged indirect loss or consequential loss howsoever arising suffered by myself or any other third party including, but not limited to, loss of profits, anticipated profits, savings, business or opportunity or loss of publicity or loss of reputation or opportunity to enhance reputation or any other sort of economic loss.

 

2. By clicking “I ACCEPT”, in further consideration of allowing me to enter and participate in the Bloomberg Square Mile Relay 2018 (the “Event”), I hereby consent to the recording/photography and use and reuse by Benchmark Sport and Sport Media Entertainment 360 and any of their respective licensees, assignees, parents, subsidiaries, or affiliated entities and each of the respective employees, agents, officers and directors (collectively “Releasees”) of my voice, actions, likeness, name and appearance in video footage of the Event and all media now known or hereafter devised, worldwide in perpetuity on a royalty-free basis, in or in connection with the Event. I agree the Releasees may use all or any part of my likeness, and may alter or modify it regardless of whether or not I am recognisable. I further agree that the Releasees exclusively own all right, title, and interest (including, without limitation, all copyrights) in and to any video footage created throughout the Event and further agree that the Releasees may use my likeness in connection with any promotion, publicity, marketing or advertisement for future Square Mile Relay events. I hereby release the Releasees from any and all liability arising out of its recording or use of my likeness as herein described. I agree not to make any claim against Releasees as a result of the recording or use of my likeness and/or the materials (including, without limitation, any claim that such use invades any right of privacy and/or publicity).

 

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