Waiver and Release of Liability
In consideration of being allowed to participate in the Tough Turtle Adventure Obstacle Race, the undersigned:
Acknowledges and fully understands that each participant will be engaging in activities that involve risk of serious injury, including permanent disability and death, and severe social and economic losses which might result not only from their own actions, inactions or negligence but the actions, inactions or negligence of others, the rules of play, or the condition of the premises or of any equipment used; further, that there may be other risks not known to us or not reasonably foreseeable at this time.
Assumes all of the risks of participating, and accepts personal responsibility for any damages arising from participation, including without limitation injury, permanent disability or death.
Acknowledges that this is a strenuous athletic event and certifies that the participant has no physical or medical condition which would interfere with participation in the Tough Turtle 5k Adventure Obstacle Race and that he/she has adequately trained for this race.
Releases, waives, discharges and covenants not to sue any individuals or entities, including volunteers and organizers, of this event, Ithaca Children’s Garden (ICG) and its staff, officers and directors, event vendors and contractors, and including, if applicable, owners and leasors of premises used to conduct the event, all of which are hereinafter referred to as "releasees", from any and all liability to each of the undersigned and his or her next of kin for any and all claims, demands, losses or damages on account of injury, including death or damage to property, caused or alleged to be caused in whole or in part by the negligent or intentional act or omission of a releasee.
Acknowledges this event will require the participants to run on rugged and uneven surfaces, some of them far less than perfect, including but not limited to hiking trails, roads, unimproved trails, mud, swamps, cliffs, lumpy fields covered with tall grass and water crossings. Knows that, by way of limited example, broken bones, reactions to poison ivy, insect bites and bruising are common occurrences in this type of event.
Understands that the event will be held rain or shine in unpredictable weather conditions and weather may affect the safety level of the various event activities. Acknowledge that participants are strongly encouraged to carry their own personal medical insurance and understand that in the event of needing medical assistance they shoulder the full liability for such costs. The releasees reserve the right to postpone, cancel, or modify the event due to weather conditions or other factors beyond the control of the releasees. No refunds will be granted.
Grants permission for the use of participant’s name and or likeness related to participation in any event conducted by the Tough Turtle and Ithaca Children's Garden, and grants the use of participant’s voice and any and all recorded and or filmed/video/photographed footage of participant, and further waives all rights to any compensation, as a result of the use of any of the above.
In submitting this entry, I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS AND AGREE NOT TO SUE Ithaca Children's Garden (“ICG”), its officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, volunteers, and if applicable, owners and lessors of premises used to conduct the event, WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, or any resulting expense or cost WHETHER ARISING FROM NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. This applies to the above stated entities and individuals while participating and/or working within the events geographical parameters; including pre-event setup and post-event breakdown and any other event-related activities.
UNDER 18: AS A PARENT OR GUARDIAN OF THE BELOW NAMED MINOR, I HEREBY CERTIFY THAT I HAVE READ ALL THE ABOVE DOCUMENT, THAT I GIVE MY PERMISSION FOR MY CHILD OR WARD TO PARTICIPATE IN THIS EVENT AND THAT I AGREE ON BEHALF OF MYSELF AND MY CHILD/WARD TO THE TERMS OF THIS DOCUMENT.
THE UNDERSIGNED HAVE READ THE ABOVE WAIVER AND RELEASE, UNDERSTANDING THAT I/WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND SIGN IT VOLUNTARILY.
CANCELLATION & REFUND POLICY
Ithaca Children’s Garden and all our amazing sponsors intend to bring you a terrific Tough Turtle on September 21. However, please note that Ithaca Children’s Garden is a nonprofit. Tough Turtle serves a very important purpose as a fundraiser to connect more children to nature, providing scholarships to those who need them, bringing biodiverse habitats into an urban area, providing demonstrations on eco-friendly growing practices, and so much more.
As such, if you become unable to participate due to personal, medical, travel, or any other reason including emergencies, or in the unlikely event the event or some portion of the event is canceled due to conditions including but not limited to weather, permitting, natural disaster, safety concerns, or otherwise, NO REFUNDS will be issued and REGISTRATIONS ARE NON TRANSFERABLE.
In the event you are unable to participate, we will be happy to handle your registration fee as a charitable donation and supply you with a tax letter acknowledging your gift upon request.
*Yes, I have read and agree to ICG's Tough Turtle 2019 Waiver and Release of Liability
*Yes, I have read and agree to ICG's Cancellation & Refund Policy