Volunteer: This Release and Waiver of Liability (the "Release") releases the Greater Kansas City Sports Commission and/or the Greater Kansas City Sports Foundation (referred to below as the "Nonprofit"), a nonprofit corporation(s) organized and existing under the laws of the State of Missouri, and each of its directors, officers, employees, agents, and sponsors on the terms set forth below.
Volunteer desires to provide volunteer services for the "Nonprofit" and engage in activities as requested by "Nonprofit". Volunteer hereby freely, voluntarily and without duress executes the Release for the Volunteer's self, personal representatives, heirs and next of kin.
Volunteer understands that the scope of Volunteer's relationship with "Nonprofit" is limited to a volunteer position and that no compensation is expected in return for services provided by Volunteer; that Nonprofit will not provide any benefits traditionally associated with employment to Volunteer; and that Volunteer is responsible for his/her own insurance coverage in the event of personal injury or illness as a result of Volunteer's services to Nonprofit.
1. Release and Waiver: I, the Volunteer, release and forever discharge and hold harmless the "Nonprofit" and its successors and assigns from any and all liability, claims and demands of whatever kind or nature, either in law or in equity, which arise or may hereafter arise from the services I provide to the "Nonprofit". I understand and acknowledge that this Release discharges "Nonprofit" from any liability or claim that I may have against "Nonprofit" with respect to bodily injury, personal injury, illness, death or property damage that may result from the services I provide to "Nonprofit" or occurring while I am providing volunteer services, whether caused by the negligence of "Nonprofit", its directors, officers, employees, volunteers or others.
2. Insurance: Further, I understand that "Nonprofit" does not assume any responsibility for or obligation to provide me with financial or other assistance, including, but not limited to, medical, health or disability benefits or insurance of any nature in the event of my injury, illness, death or damage to my property. I expressly waive any such claim for compensation or liability on the part of Nonprofit beyond what may be offered freely by "Nonprofit" in the event of such injury or medical expenses incurred by me.
3. Medical Treatment: I hereby release and forever discharge "Nonprofit" from any claim whatsoever which arises or may hereafter arise on account of any first-aid treatment or other medical services rendered to me in connection with an emergency during my tenure as a volunteer with Nonprofit.
4. Assumption of Risk: I understand that the services I provide to "Nonprofit" may include activities that may be hazardous to me.
5. Photographic Release: I grant and convey to "Nonprofit" all right, title and interests in any and all photographs, images, video or audio recordings of me or my likeness or voice made by "Nonprofit" in connection with my providing volunteer services to "Nonprofit".
6. Other: As a volunteer, I expressly agree that this Release is intended to be as broad and inclusive as permitted by the laws of the State of Missouri and that this Release shall be governed by and interpreted in accordance with the laws of the State of Missouri. I agree that in the event any clause or provision of this Release and Waiver is deemed invalid, the enforceability of the remaining provisions of this Release and Waiver shall not be affected.
7. If the volunteer is a minor, the parent or legal guardian who signs the Waiver Agreement on behalf of a minor, incapacitated and/or mentally challenged person (hereinafter "Said Person"), hereby acknowledges that he or she has the legal capacity and authority to act on behalf of Said Person to legally bind Said Person to the Waiver Agreement. The parent or legal guardian who signs the Waiver Agreement agrees to indemnify and hold harmless the Released Parties for any expenses incurred, Claims made, or liabilities assessed against them, as a result of any insufficiency of legal capacity or authority to act on behalf of Said Person in the execution of the Waiver Agreement.
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
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. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
The Garmin Kansas City Marathon (hereinafter called the “Event”), the Greater Kansas City Sports Commission and the Greater Kansas City Sports Foundation have put in place preventative measures to reduce the spread of COVID-19; however, the Event cannot guarantee that you will not become infected with COVID-19. Further, attending the Event could increase your risk of contracting COVID-19. I agree to abide by all safety and preventative measures put in place by the Event.
I further agree to abide by the Center for Disease Control’s (CDC) recommendations for the prevention of the spread of the 2019 Novel Coronavirus Disease (COVID-19) and other communicable diseases, and I attest to having read the CDC’s guidance at: https://www.cdc.gov/coronavirus/2019-ncov/prepare/prevention.html
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by attending the Event 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 at the Event may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Event employees, staff, volunteers, other participants, and spectators.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my attendance at the Event. I hereby release, covenant not to sue, discharge, and hold harmless the Event, its employees, sponsors, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Event, its employees, sponsors, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in the Event.