Color Craze Color Run – Event Waiver & Release of Liability
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR LEGAL RIGHTS. THIS WAIVER AND RELEASE OF LIABILITY (THE “WAIVER”) IS ENTERED INTO BETWEEN THE UNDERSIGNED PARTICIPANT (OR PARENT/GUARDIAN OF A MINOR PARTICIPANT) AND [ORGANIZER’S NAME], ITS AFFILIATES, SPONSORS, PARTNERS, AND VOLUNTEERS (COLLECTIVELY, THE “ORGANIZER”).
EVENT NAME: Color Craze Color Run
EVENT DATE: [Date of Event]
EVENT LOCATION: [Location of Event]
SECTION A: ACKNOWLEDGMENT OF RISKS – FOR ALL PARTICIPANTS
I, the undersigned participant (or parent/guardian), acknowledge that my participation in the Color Craze Color Run (the “Event”) involves inherent risks, dangers, and hazards that may result in serious personal injury, illness, permanent disability, death, and/or property damage. I understand and acknowledge that these risks may be caused by my own actions or inactions, the actions or inactions of other participants, the conditions in which the Event takes place, or the negligence of the Organizer.
I understand that these risks include, but are not limited to:
Physical Risks: Slips, trips, falls, collisions with other participants, spectators, or obstacles; strains, sprains, fractures, or other injuries from running, walking, or climbing; overexertion, dehydration, heat-related illness (e.g., heat stroke, heat exhaustion), or fatigue; pre-existing medical conditions that may be aggravated by participation.
Color-Specific Risks: Inhalation of or contact with colored powder (a substance typically made from food-grade ingredients and FDA-approved dyes); irritation to the eyes, skin, mouth, ears, nose, throat, or respiratory system; allergic reactions; temporary or permanent staining of skin, hair, clothing, and personal property.
Environmental Risks: Exposure to uneven or slippery terrain, weather conditions (e.g., sun, heat, humidity, rain), and dust.
General Risks: The negligence of other participants, volunteers, or spectators; the failure of any equipment or property provided by the Organizer.
I expressly agree and promise to accept and assume all the risks existing in this Activity, both known and unknown, whether caused or alleged to be caused by the negligent acts or omissions of the Organizer.
SECTION B: RELEASE OF LIABILITY, WAIVER, AND INDEMNITY – FOR ALL PARTICIPANTS
In consideration of being permitted to participate in the Event, I hereby voluntarily release, forever discharge, and agree to hold harmless, indemnify, and defend the Organizer from any and all claims, demands, or causes of action which are in any way connected with my participation in this Activity or my use of their equipment or facilities, including any such claims which allege negligent acts or omissions of the Organizer.
This release and indemnity agreement applies to all liability for personal injury (including death and disability), illness, property damage, and any other loss, whether arising from the negligence of the Organizer or otherwise, to the fullest extent permitted by law.
SECTION C: REPRESENTATIONS & MINOR PARTICIPANTS
1. ADULT PARTICIPANTS (18 YEARS AND OLDER):
By signing below, I represent that I am at least 18 years of age, I have read this Waiver, understand its terms, and sign it voluntarily. I am physically fit and have no known medical conditions that would prevent my safe participation in this Event.
Adult Participant Signature: _________________________
Printed Name: _________________________
Date: _________________________
2. MINOR PARTICIPANTS (UNDER 18 YEARS OF AGE):
PARENT/GUARDIAN MUST READ AND SIGN BELOW.
I, the undersigned parent or legal guardian, hereby represent that I am the legal parent/guardian of the minor child named below. I have read this entire Waiver and fully understand its terms. I understand that I am giving up substantial rights on behalf of myself and the minor child.
I hereby give my approval to the minor’s participation in the Event and accept all of the inherent risks thereof. I further agree to bind the minor to the terms of this Waiver and to release, indemnify, and hold harmless the Organizer from any and all liabilities arising from the minor’s participation in the Event, even if arising from the negligence of the Organizer, to the fullest extent provided by law.
ADDITIONAL TERMS FOR PARENTS/GUARDIANS OF MINOR PARTICIPANTS
1. SUPERVISION REQUIREMENT:
I, the undersigned parent/legal guardian, understand and agree that my role is to provide active and continuous supervision for my minor child throughout the entire Event. I am solely responsible for my child’s safety, conduct, and well-being from arrival until departure. I agree to remain with my child at all times during the Event, including but not limited to the course, start/finish areas, festival zone, and any other Event-related activities. I acknowledge that Event staff and volunteers are not responsible for supervising or monitoring my child.
2. LOST CHILD PROTOCOL:
I understand that the Event environment can be crowded and chaotic. In the event that my child becomes separated from me, I agree to the following protocol:
I will immediately notify the nearest Event staff member, volunteer, or security personnel. I will provide my child’s name, age, description, and a recent photo (it is recommended I have one readily available on my phone).
* Upon such notification, I authorize Event organizers to initiate a “Lockdown” or “Code Sweetheart” procedure. This may include, but is not limited to:
* Making a public announcement (via loudspeaker) describing my child.
* Directing all Event staff and volunteers to stop their current duties to assist in locating my child.
* Temporarily controlling entry and exit points to the Event area to ensure my child cannot leave the premises.
* Coordinating with local security and law enforcement.
* I will proceed immediately to the designated “Lost Child Meeting Point” (located at `[Specify Location, e.g., the main information tent]`) to be reunited with my child.
3. ACKNOWLEDGMENT OF PROTOCOL:
I have reviewed this lost child protocol with my child and have designated the meeting point. I understand that my prompt notification is critical to the swift and safe recovery of my child. I release and hold harmless the Organizer for any actions taken in good faith to locate and secure my lost child pursuant to this protocol.
Minor Participant’s Name: _________________________
Minor’s Age: ________
Parent/Legal Guardian Signature: _________________________
Printed Name (Parent/Guardian): _________________________
Date: _________________________
Emergency Contact Phone: _________________________
SECTION D: GENERAL PROVISIONS
Health & Safety: I attest that I (or the minor child) am in good physical condition and am able to safely participate in the Event. I consent to emergency medical care and transportation if deemed necessary by the Organizer or medical personnel.
Photography Release: I grant the Organizer full permission to use any photographs, video, audio, or other recordings of my (or the minor child’s) participation in the Event for any legitimate purpose, including promotional materials, without payment or any other consideration.
Color Powder: I acknowledge the colored powder may cause staining and is difficult to remove. I accept all risk of damage to clothing, footwear, and any other personal property. I will wear protective eyewear if I am concerned about eye irritation.
Severability: If any part of this Waiver is deemed unenforceable, the remaining portions shall remain in full force and effect.
I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I UNDERSTAND IT AND I AGREE TO BE BOUND BY ITS TERMS.
Color Craze has taken enhanced health and safety measures—for you, other attendees, participants, vendors, and staff. You must follow all posted instructions while visiting or participating in Color Craze. An inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death. I acknowledge that participation in Color Craze and its associated activities brings some risk and I do hereby assume responsibility for my own well-being. I will follow all Centers for Disease Control and Prevention (CDC) guidance, and all posted instructions while visiting Color Craze and its associated activities. I understand, agree, and hereby consent that my failure or disregard to follow all protocols in effect and required by Color Craze, CDC, the venue provider, and governing authorities during my attendance at Color Craze is hereby sufficient grounds to be excluded from attending the event by Color Craze or an event authority, and I hereby consent in advance to leave and exit the event, without protest or refund, upon request by Color Craze or an event authority due to my refusal to follow said protocols.
Assumption of Risk
I have read and understood the above warning concerning COVID-19. I hereby choose to accept the risk of contracting COVID-19 for myself in order to attend and/or participate in Color Craze and enter into the venue premises. Participation includes possible exposure to and illness from infectious diseases, including but not limited to, COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist. I knowingly and freely assume all such risks related to illness and infectious diseases, such as COVID-19, even if arising from the negligence or fault of Color Craze.
Waiver, Release, and Indemnification
As a condition of my participation in this meeting or event, I, do hereby expressly waive any rights against and release and hold harmless Color Craze and any of its officers, employees, affiliates, contractors, agents, heirs, legal successors, and assigns (collectively “CC”) from and against any and all claims, suits, demands, losses, damages, expenses, or liability of whatever kind or nature (collectively “liability”), under any theory of law or equity, that may arise during or as a result of my presence at Color Craze, including but not limited to any such liability related to or arising out of illness, injury, or death associated with infection of COVID-19 or complications, symptoms, or other effects resulting from contracting COVID-19. I shall defend, indemnify, and hold harmless Color Craze and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out or resulting from any claim of a third party related to the Activities.
I UNDERSTAND, AND IT IS MY EXPRESS INTENT, THAT THIS RELEASE AND WAIVER OF LIABILITY RELEASES LIGHTS OVER AMERICA, LLC FROM SUCH LIABILITY EVEN IF SUCH LIABILITY RESULTS FROM OR IS CAUSED BY THE SOLE OR CONTRIBUTORY OR ACTIVE OR PASSIVE NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL FAULT OF COLOR CRAZE OR ANY THIRD-PARTY EVENT PARTICIPANT. I ALSO UNDERSTAND AND AGREE THAT COLOR CRAZE DOES NOT ASSUME ANY RESPONSIBILITY OR OBLIGATION TO PROVIDE FINANCIAL OR OTHER ASSISTANCE, INCLUDING BUT NOT LIMITED TO MEDICAL, HEALTH, OR DISABILITY ASSISTANCE IN THE EVENT OF INJURY OR ILLNESS. IN THE EVENT THAT I OR MY FAMILY MEMBER IS INJURED, BECOMES ILL, OR SUFFERS COMPLICATIONS DUE TO COVID-19, ALLEGEDLY AS A RESULT OF MY PARTICIPATION IN COLOR CRAZE, I AGREE TO RELEASE AND HOLD HARMLESS COLOR CRAZE IN THE SAME MANNER AND TO THE SAME EXTENT AS SET FORTH ABOVE.
BY REGISTERING FOR THIS EVENT, I HAVE CAREFULLY READ AND UNDERSTAND ALL PROVISIONS OF THIS RELEASE. I FREELY AND KNOWINGLY ASSUME THE RISK AND WAIVE MY RIGHTS CONCERNING LIABILITY AS DESCRIBED ABOVE.
