I wish to engage in certain events and/or fundraising activities of the The GRACE Foundation (GRACE) The New York City Department of Education (DOE) and The New York City Parks Department (Parks Dept) during the current calendar year, including but not limited to The Walk For All (the "Activities"). I acknowledge that I derive personal satisfaction and benefit from my engagement with GRACE, THE DOE, and Parks Dept. and my participation in the Activities discussed above. In consideration of my participation in the Activities, I hereby freely, voluntarily, and without influence from anyone or duress of any kind, for myself, my executors, administrators, heirs, next of kin, successors, and assigns, consent and agree to each of the following, in favor of the The GRACE Foundation, The DOE, and Parks Dept. its affiliated divisions and entities, event site or facility owners and operators, subcontractors, organizers, and sponsors, including in each case, without limitation, their directors, officers, employees, volunteers, agents, successors and/or assigns (collectively "GRACE, THE DOE, Parks Dept."):
ASSUMPTION OF THE RISK. I understand that the Activities include actions that may be hazardous to me, including walking, jogging, running, other recreational or team sports, and/or other physical activity reasonably anticipated to be performed in connection with the Activities. I willingly engage in these Activities and I knowingly assume the risk of injury, harm and loss associated with the Activities, including any injury, harm and loss caused by the negligence, fault or misconduct of any kind on the part of GRACE, THE DOE or Parks Dept.
RELEASE AND WAIVER. I HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE ANY AND ALL LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE AGAINST GRACE, THE DOE, AND PARKS DEPT (AS DEFINED ABOVE), EITHER IN LAW OR IN EQUITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING BUT NOT LIMITED TO THE NEGLIGENCE, FAULT OR MISCONDUCT OF ANY KIND ON THE PART OF GRACE, THE DOE AND PARKS DEPT FOR DAMAGES OR CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO DEATH, BODILY OR PERSONAL INJURY, ILLNESS, ECONOMIC LOSS OR OUT OF POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY, WHICH I, MY HEIRS, ASSIGNEES, NEXT OF KIN AND/OR LEGALLY APPOINTED OR DESIGNATED REPRESENTATIVES, MAY HAVE OR WHICH MAY HEREINAFTER ACCRUE ON THEIR BEHALF, WHICH ARISE OR MAY HEREAFTER ARISE FROM MY ATTENDANCE AT, PERFORMANCE OF, AND/OR PARTICIPATION IN THE ACTIVITIES.
EFFECTIVE DURATION. I UNDERSTAND AND AGREE THAT THIS RELEASE AND WAIVER WILL APPLY TO AND GOVERN MY PARTICIPATION IN ANY AND ALL GRACE, THE DOE, AND PARKS DEPT. ACTIVITIES AND/OR EVENTS DURING THE CURRENT CALENDER YEAR. I FULLY INTEND AND AGREE FOR THIS RELEASE AND WAIVER TO BE EFFECTIVE FOR THE DURATION OF THE CURRENT CALENDAR YEAR.
MEDICAL TREATMENT. I hereby grant permission to GRACE, THE DOE AND PARKS DEPT to render preventative or first-aid assistance or seek any treatment or medical care that seems reasonably necessary, including hospitalization, for my health and well-being. I do hereby release and forever discharge GRACE, THE DOE AND PARKS DEPT from any claim whatsoever which arises or may hereafter arise on account of any first aid, treatment, or service rendered to me in connection with the Activities with GRACE, THE DOE AND PARKS DEPT. I agree that GRACE, THE DOE AND PARKS DEPT may give out any and all information, including my personal health information, to any physicians, hospitals, ambulance companies, or any other health care provider in the event of an emergency and/or hospitalization, as reasonably necessary for purposes related to my treatment or care.
IMAGE/VIDEO RELEASE. I understand that I may be photographed or recorded at the GRACE, THE DOE AND PARKS DEPT events or Activities. I hereby grant and convey to GRACE, THE DOE AND PARKS DEPT all right, title, and interest in any and all photographic images and video or audio recordings of me made during or in connection with the Activities, including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings. I hereby release, discharge and agree to hold harmless GRACE, THE DOE AND PARKS DEPT, its legal representatives or assigns, and all persons acting under its permission or upon its authority or for whom it is acting, from any liability by virtue of any publication of my likeness, including, without limitation, claims for libel or invasion of privacy.
ATTENDANCE OR PARTICIPATION BY MINOR CHILDREN. I agree that any and all representations made and releases, waivers, covenants, consents and permissions that I have given above are given on behalf of me and any and all of my minor children or persons over whom I have guardianship who participate in or attend the Activities ("Minor"). In consideration of the Minor's participation in or attendance at the Activities, I, in my capacity as Minor's parent or guardian, hereby (a) give permission for the Minor to participate voluntarily in the Activities, and (b) understand that this Release and Waiver forever releases, waives and discharges any and all liability, claims, and demands of whatever kind or nature against GRACE, THE DOE AND PARKS DEPT, either in law or in equity, to the fullest extent permissible by law, including but not limited to the negligence, fault or misconduct of any kind on the part of GRACE, THE DOE AND PARKS DEPT for damages or causes of action, including but not limited to death, bodily or personal injury, illness, economic loss or out of pocket expenses, or loss or damage to property, which Minor, his/her heirs, assignees, next of kin and/or legally appointed or designated representatives, may have or which may hereinafter accrue on their behalf, which arise or may hereafter arise from Minor's attendance at, performance of, and/or participation in the Activities. In my capacity as Minor's parent or guardian, I also give consent to GRACE, THE DOE AND PARKS DEPT to collect information about the Minor that is needed to register him or her. I understand that GRACE, THE DOE AND PARKS DEPT will not collect more information about the Minor than is reasonably necessary to participate in the Activities. I also understand that in consenting to a Minor's registration, I am enabling the Minor to participate in all communication aspects of the event Web site, including posting content on the Minor's Participant Page that may be accessible to the public.
I UNDERSTAND THAT BY SIGNING THIS DOCUMENT EITHER ELECTRONICALLY OR ON PAPER, I AM CONSENTING AND AGREEING TO THE WAIVER AND RELEASE OF CERTAIN LEGAL RIGHTS AS SET FORTH IN THIS RELEASE OF CLAIMS AND WAIVER AGREEMENT AND THAT I AM LEGALLY BOUND BY THE TERMS HEREOF.