Standard Waiver for Marathon 2022 participants
If the participant is under the age of 18, the participant’s parent should read and agree to the following:
I am applying for my child to participate in the Team Shalva program, for the Jerusalem marathon. I represent and warrant that I am the parent or legal guardian of the child and, as such, consent to my child’s participation in the Team Shalva program and the Jerusalem marathon and I agree that the terms hereof apply equally to my child and me and any claims I or my child may have in connection therewith. I also waive any derivative claims that relate to or arise out of my child’s participation in the Team Shalva program and the Jerusalem marathon. All references to “I” or “me” or similar words herein apply to me and to my child.
I wish to participate in the Team Shalva group that will be running in the 2022 Jerusalem Marathon in order to raise awareness and critically needed funds that support the non-profit work of Shalva – The Israel Association for the Care and Inclusion of Persons with Disabilities (“Shalva”). I understand that while training for and participating in this event, I will be traversing public streets and thoroughfares where potential hazards exist. I confirm that I am aware of and appreciate the risks that may result. I am also aware that accidents may occur during this event or during the training for this event which could result in serious injury or death. I am voluntarily participating in this event and in the training for this event with knowledge of the dangers involved and I agree to accept all risks of injury or death.
I have accepted the responsibility to raise the minimum fundraising requirement for the event I have selected to participate with the Team Shalva group.
By January 25th 2022, I will be asked to recommit to the program, and at that time I will be required to secure my spot on the team with a personal credit card. Once I have recommitted, I will be responsible to provide all funds collected, whether checks or by credit card, on or before the fundraising deadline of February 25th, 2022, and I authorize Shalva to charge the credit card submitted during my recommitment, for any balance that remains due in order to meet the required fundraising minimum established for this event. If my credit card is so charged, I understand that I have until May 1st 2022, to provide additional donations and to receive a refund.
Once I recommit, I am aware that if for any reason I am not able to participate in the event, I will still honor my obligation to raise the fundraising minimum established for the event.
I agree to abide by any decision of a Jerusalem marathon official or Team Shalva official relative to any aspect of my participation in this event, including the right of any official to deny or suspend my participation for any reason whatsoever.
I assume all risks associated with running in this event, including but not limited to falls, contact with other participants, spectators or others, or vehicular or other traffic; the effects of the weather, including heat and humidity, wind, cold temperature, and wet or icy surfaces; falling tree branches or other overhead objects; traffic; and the crowded nature and other conditions of the road, including surface conditions such as slipperiness, holes or obstacles, and acts of terrorism or other violent acts, all such risks being known and appreciated by me.
I understand that bicycles, skateboards, baby joggers, roller skates or roller blades, animals, and personal music players may not be allowed in the race and I will abide by all race rules.
I grant medical personnel at the Jerusalem marathon permission to administer or arrange for any medical assistance that they deem necessary or appropriate as a result of my participation in the event, including without limitation, arranging transportation to a hospital of other medical facility.
Having read this waiver and release, and in consideration for being permitted to participate in this event in support of Shalva, I, for myself and anyone entitled to act on my behalf, agree to assume all risks and to release, hold harmless, and covenant not to sue Shalva, Team Shalva, American Friends of Shalva Israel, Inc., Canadian Friends of Shalva, British Friends of Shalva, each of their respective officers, directors, employees and agents, members of the event team and any designated beneficiaries, sponsors, officials, participating clubs, communities, organizations, friends of the event, including the event medical sponsor, the medical director, and members of the medical team, and all other government or public entities including, but not limited to, the Department of Transportation of the Jerusalem municipality and affiliated organizations and all their respective directors, officers, agents, employees and members (collectively, the “Releasees”), from any present or future claim, loss or liability of any kind that I may have arising out of my participation in and training for the event, including bodily injury, death or property damage, whether caused by negligence or carelessness of the Releasees or otherwise.
Furthermore, I, for myself and anyone entitled to act on my behalf, agree to waive my rights and to discharge all the Releasees from all claims, losses, or liabilities for death, bodily injury or property damage that I may have, or which may hereafter accrue to me, as a result of my participation in this event, even though that liability may arise from negligence or carelessness on the part of the Releasees, from dangerous or defective property or equipment owned, maintained or controlled by them or because of the possible liability without fault. I understand and agree that the Waiver and Release is binding on my heirs, assigns and legal representatives.
I agree to abide by the Team Shalva Code of Conduct during my time with Team Shalva but that Team Shalva bears no responsibility for any violation by me of the Team Shalva Code of Conduct or the direct or indirect consequences thereof. I affirm that I understand the risks associated with each of the foregoing.
Without limiting any other waivers and releases, I, for myself and anyone entitled to act on my behalf, hereby agree that none of the Releasees are responsible for any loss, damage, or injury to me or any of my belongings occurring while I am with or accompanying Team Shalva and/or occurring as a direct or indirect result of my violation of the Team Shalva Code of Conduct.
I am physically capable of training for and completing this event. If I am aware of or under treatment for any physical infirmity, ailment or illness, my medical care provider knows of and has approved my training for and participation in this event. I will maintain personal health insurance while training for and participating in the event. I acknowledge that I and I alone am entirely responsible for my personal health and safety and the personal property I bring with me.
I understand that all donations processed by Shalva, American Friends of Shalva Israel, Inc., Canadian Friends of Shalva, or British Friends of Shalva, are non-refundable and non-transferable even if I do not participate in the event.
In order to maintain the prices stated in this agreement, Shalva reserves the right to change components of the Team Shalva program. By agreeing, I affirm that I understand the Releasees are not responsible for any loss, damage, or injury to any of the Team Shalva program participants or any belongings of that participant caused directly or indirectly by Shalva suppliers or agencies, or by any other person or entity. Shalva reserves the right to limit participation based upon eligibility requirements, space limitations, and other criteria that it may, in its sole discretion, determine.
I understand that my name, photograph, voice and/or likeness may be used by Shalva, Team Shalva, and their sponsors, beneficiaries, licensees, affiliates and employees. I consent to and authorize, in advance, such use without compensation and waive all rights of privacy I have in connection therewith.
ASSUMPTION OF RISK, WAIVER OF LIABILITY, AND INDEMNIFICATION AGREEMENT RELATING TO CORONAVIRUS/COVID-19
In consideration of the right for me, my minor child(ren), and/or my guardianee to participate in Team Shalva in Jereusalem Marathon 2022 (Events) I hereby acknowledge and agree as follows, on behalf of myself, my minor child(ren), and/or my guardianee for whom I have the capacity to contract:
- The novel coronavirus, (“COVID-19”), has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact, or by contact with contaminated surfaces and objects, and by airborne transmittal. People reportedly can be infected and show no symptoms and therefore spread the disease. The exact methods of spread and contraction are unknown. Evidence has shown that COVID-19 can cause serious and potentially life-threatening illness and even death.
- Shalva cannot prevent me, my child[ren] and/or my guardianee from becoming exposed to, contracting, or spreading COVID-19 while attending the Events or traveling to or from the Events. It is not possible to prevent against the presence of the disease. Therefore, I, my child[ren] and/or my guardianee may be exposed to and/or increase my/our risk of contracting or spreading COVID-19 by attending the Events, including risk of exposure to members of my/our household, or others.
- Notwithstanding the risks associated with COVID-19, which I readily acknowledge, I hereby willingly choose to participate in the Events. If signing this Waiver on behalf of my minor child(ren) and/or guardianee, I hereby willingly permit my minor child(ren) and/or guardianee to participate in the Events.
- ASSUMPTION OF THE RISK. I understand and assume the risk of my, or my minor child(ren) and/or guardianee, becoming exposed to or infected by Covid-19 at the Events and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by Covid-19 may be the result of the actions, omissions or negligence of myself, my minor child(ren), and/or my guardianee and others, including, but not limited to Shalva employees, agents, representatives, volunteers and program participants and their families, and I voluntarily assume all such risks on behalf of myself, my minor child(ren), and/or my guardianee for whom I have the capacity to contract.
- WAIVER OF LAWSUIT/LIABILITY. By signing this Waiver, I hereby RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS AND COVENANT NOT TO SUE, (on behalf of myself, my minor child(ren), and/or my guardianee for whom I have the capacity to contract), Shalva, and their current or former respective officers, directors, trustees, affiliates, agents, employees, independent contractors, consultants, advisors, vendors, volunteers, licensees and assignees (collectively “Releasees” and each a “Releasee”) from any and all liability related to Covid-19 exposure or infection (or any illness or condition related thereto) which might occur as a result of me, my minor child(ren), and/or my guardianee participating in the Events. I understand and agree that this release means that I give up my right (on behalf of myself, my minor child(ren), and/or my guardianee for whom I have the capacity to contract) to bring any claims, including claims for personal injuries, death, disease, property loss, or any other losses, based on the negligence (active or passive) of Shalva, and its current or former employees, agents, representatives, volunteers, and program participants and their families, whether a Covid-19 infection occurs before, during or after participation in any of the Events.
- INDEMNIFICIATION. By signing this Waiver, I hereby agree to defend, indemnify, and hold harmless (on behalf of myself, my minor child(ren), and/or my guardianee for whom I have the capacity to contract) the Releasees from and against any and all claims, demands, suits, judgments, losses, expenses, damage, liability and/or responsibility, including, without limitation, reasonable attorneys’ fees and costs, arising from or out of, or relating to, directly or indirectly, Covid-19 exposure, infection, or spread (or any illness or condition related thereto) which might occur as a result of me, my minor child(ren), and/or my guardianee participating in the Events, to the maximum extent permitted by applicable law.
- CHOICE OF LAW. I understand and agree that this Waiver shall be construed and interpreted in accordance with the laws where the Events took place, without regard to conflict of law principles of any jurisdiction.
I understand that any arbitration conducted pursuant to this agreement shall take place in Israel. I acknowledge that such agreement is given in exchange for rights or benefits to which I am not otherwise entitled and the more expeditious and confidential resolution of any such disputes.
I hereby agree that all claims will be pursued on an individual basis and I hereby waive my right to commence or be a party to any class or collective claims or any joint any claim against the Releasees.
I HAVE READ THIS WAIVER/RELEASE, AND I FULLY UNDERSTAND ITS TERMS AND CONDITIONS AND UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO BRING ACTIONS AGAINST THE RELEASEES. I ACKNOWLEDGE THAT I AM SIGNING THE WAIVER/RELEASE FREELY AND VOLUNTARILY, AND THAT I INTEND BY MY SIGNATURE TO COMPLETELY AND UNCONDITIONALLY RELEASE THE RELEASEES TO THE FULLEST EXTENT ALLOWED BY LAW.
This Waiver shall remain in effect until such time as I advise you otherwise in writing.
I acknowledge by ticking the box below a that I am at least eighteen (18) years of age and that I have read the foregoing ASSUMPTION OF RISK, WAIVER OF LIABILITY, AND INDEMNFICATION AGREEMENT RELATING TO CORONAVIRUS/COVID-19, and that I understand it and sign it voluntarily.