LIABILITY AND INDEMNITY AGREEMENT
Hiking is a potentially hazardous activity, and all participants voluntarily assume full and complete responsibility for, and the risk of, any injury or accident that may occur during their participation in the American Academy of Dermatology’s Skin Cancer, Take a Hike!™ event, during pre- and post- event activities, or while participating in the hike. During the event, participants will be using public trails and facilities where many hazards exist and where they may be no ready access to medical care, and must be aware of and appreciate the risks that may result. Accidents may occur during participation that could result in serious injury or death. Participation is voluntary with knowledge of all such risks. In consideration for being permitted to participate in the Skin Cancer, Take a Hike!™ event, participants agree to assume all risks and to release, indemnify, hold harmless and covenant not to sue the American Academy of Dermatology or any sponsors, officials, volunteers, participating clubs, communities, organizations, and all other government or public entities and affiliated or related organizations and all of the above-listed entities' respective directors, officers, agents, employees and members, and all other persons or entities associated with the Event, for any claim, loss or liability that may arise out of participation or any activities associated with participation, including but not limited to, personal injury, death or property damage suffered, whether such losses, liabilities, or claims be caused by falls, contact with and/or the actions of other participants, contact with fixed or non-fixed objects, contact with animals, effects of the weather, conditions of the Event premises, negligence or carelessness of the releases, risks not known or not reasonably foreseeable at this time, or otherwise.
Before the event, participants must sign a Release and Waiver of Liability to release in advance, and to waive their rights and to discharge all of the releases from all claims, losses or liabilities for death, bodily injury or property damage that may have, or which may hereafter accrue, as a result of their participation, even though that liability may arise from negligence or carelessness on the part of the releases, from dangerous or defective property or equipment owned, maintained or controlled by them or because of their possible liability without fault. The Release and Waiver of Liability is binding on heirs, assigns and legal representatives. Participants must be physically capable of completing the Event. They are solely responsible for their personal health and safety, and their personal property in connection with their participation. Participants agree to read the event description and rules for participation and will abide by all rules and regulations established by the event organizers. They also agree that participation is subject to the sole discretion of the event organizers and that participation may be limited for medical or other safety-related reasons. In the event of injury, accident or illness during participation, Participants consent to receive, and authorize event organizers, officials, volunteers, participants and spectators to use their discretion to administer, first aid, medical care and/or medical treatment.
Names, pictures, voices, or likeness, and information related to participation in the Event (e.g. participant number, team name, city/town of residence, etc.), whether the foregoing is captured by photograph, videotape, audiotape or any other recording, (collectively "Image") may be used for all advertising, promotional and public relations purposes related to the Event by the Organization and their respective successors and assigns, sponsors, licensees, affiliates, and employees. Participants grant to the Grantees the irrevocable, perpetual, royalty-free and worldwide right to (i) use Images in promotional materials or for any other legitimate purpose, (ii) create composite or computer-manipulated materials from Images, (iii) use, reproduce, publish, exhibit, distribute, and transmit Images in any media, including but not limited to print material, television, film, internet, DVD, and CD-ROM, and (iv) assign the above rights to third parties. Participants waive the right to inspect or approve Images or materials that incorporate their likeness. They will receive no compensation in connection with the use of Images. Participants release the Grantees from any liability, damages, or claims resulting from the use of their images, including claims for libel or invasion of privacy. These terms are binding on heirs, assigns, and legal representatives.
In the event that Participants must withdraw from the Event for any reason, inclement weather or cancelling of the Event, the Organization will not issue a refund or transfer of registration. By signing the Release and Waiver of Liability and Indemnity Agreement, Participants acknowledge having read, understood and agreed to the waiver, release and indemnity, and image release which shall be governed by the laws of the state or country in which the Event is held.