Healthyish 5Kish Waiver 2018

RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT

This document affects your legal rights:

Read carefully.

  1. ACTIVITY AND ASSOCIATED RISKS: I have chosen to participate in the following activity:

Healthyish 5Kish

(hereinafter referred to as “the Activity”), which is organized by Portland Oregon Wine & Food Festival, LLC dba Feast Portland, and its affiliates and business partners (hereinafter referred to as “FEAST”). I understand that:

  • the Activity is inherently hazardous, and I may be exposed to dangers and hazards, including some of the following: falls, fractures, concussions, dangerous weather, overexertion, overheating, injuries from my lack of fitness or conditioning, death, equipment failures, road and terrain conditions, injury from collisions with other participants, automobiles or bicycles, and negligence of others;
  • as a consequence of these risks, I may be seriously hurt or disabled or may die from the resulting injuries, and of my property may also be damaged;
  • hospital facilities, qualified medical care, and emergency medical evacuation may be limited or unavailable during portions of the Activity; and
  • FEAST assumes no responsibility for providing medical care during the Activity, and I will have to pay for any medical care and/or evacuation that I

In consideration of the permission to participate in the Activity, I agree to the terms contained in this document.

  1. ASSUMPTION OF THE RISKS: I hereby freely assume the above-mentioned risks as well as other risks not listed that are part of this activity, and any harm, injury or loss that may occur to me or my property as a result of my participation in the Activity or during any transportation to or from the Activity—including any injury or loss caused by the negligence of FEAST its employees, agents and officers, its contractors, and other Activity participants.
  2. RELEASE OF LIABILITY: I hereby RELEASE FEAST, its employees, agents, officers, and contractors, the providers of any equipment used in the Activity, business partners, land owners, municipal or governmental providers of use permits, and their respective employees, officers, and directors (“the Released Parties”) FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that arise in any way from any injury, death, loss or harm that occur to me or to any other person or to any property during the Activity or in any way related to the Activity, including during transportation to or from the This RELEASE includes claims for the negligence of the Released Parties and claims for strict liability for abnormally dangerous activities. This RELEASE does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that Oregon law does not permit to be excluded by agreement. I also agree NOT TO SUE or make a claim against the Released Parties for death, injuries, loss or harm that occur during the Activity or are related in any way to the Activity.
  3. INDEMNIFICATION HOLD HARMLESS AND DEFENSE: I promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties (defined in Section 3) against any and all claims to which Section 3 of this agreement applies, including claims for their own I also promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties against any and all claims for my own negligence, and any other claim arising from my conduct during the Activity. In accordance with these promises, I will reimburse the Released Parties for any damages, reasonable settlements and defense costs, including attorney’s fees, that they incur because of any such claims made against them. I agree that in the event of my death or disability, the terms of this agreement, including the indemnification obligation in this Section, will be binding on my estate, and my personal representative, executor, administrator or guardian will be obligated to respect and enforce them.

Read carefully.

  1. AGREEMENT TO FOLLOW DIRECTIONS: I agree to follow the rules for the Activity provided to me and to follow directions given to me by the leaders of the
  2. INDEPENDENT CONTRACTORS, PARTNERS, AND VOLUNTEERS: I acknowledge that FEAST has no control over and assumes no responsibility for the actions of any independent contractors, business partners, or volunteers providing any services for the
  3. USE OF MY LIKENESS: I understand that during the Activity I may be photographed or To the fullest extent allowed by law, I waive all rights of publicity or privacy or pre-approval that I have for any such likeness of me or use of my name in connection with such likeness, and I grant to FEAST and its assigns permission to copyright, use, and publish (including by electronic means) such likeness of me, whether in whole or part, in any form, without restrictions, and for any purpose.
  4. SEVERABILITY: I agree that the purpose of this agreement is that it shall be an enforceable RELEASE OF LIABILITY AND INDEMNITY as broad and inclusive as is permitted by Oregon law. I agree that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement.
  5. APPLICABLE LAW, FORUM & ATTORNEY’S FEES: This agreement is governed by and shall be construed in accordance with the laws of the state of Oregon, without any reference to its choice of law I agree that any dispute arising from this Agreement or in any way associated with the Activity shall be brought only in the Multnomah County Circuit Court, Portland, Oregon, or in the Portland Division of the United States District Court for the District of Oregon, and I agree to the jurisdiction and venue of those courts for any such dispute. In any litigation in which the validity or enforceability of this agreement is contested, I agree that the non-prevailing party will pay all attorney’s fees and costs of the parties seeking to uphold the agreement.

I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS AGREEMENT BY READING IT BEFORE SIGNING IT. NO ORAL REPRESENATATIONS, STATEMENTS, OR OTHER INDUCEMENTS TO SIGN THIS RELEASE HAVE BEEN MADE APART FROM WHAT IS CONTAINED IN THIS DOCUMENT. I UNDERSTAND THIS IS A CONTRACT THAT AFFECTS MY LEGAL RIGHTS AND I SIGN IT OF MY OWN FREE WILL.

Note: This waiver is only for you to review. We will have waivers for you to sign when you arrive at the event. Thank you!