Waiver
IN CONSIDERATION of the acceptance of my application and the permission to participate as an entrant, competitor or volunteer in the Toronto Marathon and any or all of the following events: the Marathon, Half Marathon, 10k, 5k or Relay, Post-Race Activities on Sunday May 7, 2023 and any other 2023 Toronto Marathon activities that take place prior to or after the event, including the use of my photograph for the Toronto Marathon or related events for promotional purposes. I am medically able and properly trained. I agree to abide by any decision of an Event official relative to my ability to safely complete the Event. I recognize that participation in the Event is a potentially hazardous activity and I willingly assume all risks associated with such participation, including, but not limited to, falls; contact with other participants, spectators or others, or vehicular or other traffic; the effects of the weather, including heat and/or humidity, wind, cold temperature, and wet or icy surfaces; falling tree branches or other overhead objects; traffic; and the crowded nature and other conditions of the course, all such risks being known and appreciated by me.
I, for myself my heirs, executors, administrators, successors and assigns, HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE the City of Toronto, The Toronto Board of Commissioners of Police, The Toronto Police, The Toronto Auxiliary Police Force, The Chief of Police, The Toronto Transit Commission, The Ministry of Transportation of Ontario, Athletics Canada, Sidan Traffic Control Services, The Toronto Marathon, and their volunteers and employees, All sponsors and contributors, Running First Ltd., Jay Glassman, The Event Organizing Committee, and all other associations, sanctioning bodies and sponsoring companies, and all their respective agents, officials, servants, contractors, representatives, elected and appointed officials, successors and assigns OF AND FROM ALL claims, demands, damages, costs, expenses, actions and causes of action, whether in law or equity in respect of death, injury, loss or damage to my person or property HOWEVER CAUSED, arising or to arise by reason of my participation in the said event, whether, as spectator, participant, competitor, volunteer or otherwise, whether prior to, during or subsequent to the event, AND NOTWITHSTANDING that same may have been contributed to, or occasioned by, the negligence of any of the aforesaid. I FURTHER HEREBY UNDERTAKE to HOLD AND SAVE HARMLESS and AGREE TO INDEMNIFY all of the aforesaid from and against any and all liability incurred by all of them as a result of, or in any way connected with, my participation in the said event.
I understand that entry fees are not refundable or deferrable. The event may be cancelled at the discretion of race officials due to inclement weather and including but not limited to: strong winds, hurricane, tornado, earthquake, flooding, extreme heat or cold, or other "Act of God", Pandemic, Epidemic, Global health concerns, concerns for the health and safety of our participants and volunteers, traffic related accident on the course, fire, or a terrorist act. All sales are final.
I have completely read this document and fully understand its contents. I acknowledge that I have given up substantial rights by accepting this document and that I do so voluntarily. My signature attests to this on behalf of myself and my executors, personal representatives, administrators, heirs, next-of-kin successors, and assigns. This agreement is governed by the applicable law of The Province of Ontario, Canada. If any provision is determined to be unenforceable, all other provisions shall be given full force and effect.
BY SUBMITTING THIS ENTRY I ACKNOWLEDGE HAVING READ, UNDERSTOOD AND AGREED TO THE ABOVE WAIVER, RELEASE AND INDEMNITY I WARRANT that I am physically fit to participate in this event.
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