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Waiver
2024 Prouty Waiver and Release of Liability (the "Waiver and Release")
PLEASE READ CAREFULLY! THIS IS A LEGAL DOCUMENT!
I, or the minor named in this Waiver and Release, (the "Registrant"), in consideration of the Registrant's participation in the 2024 Prouty fundraising events to benefit the Dartmouth Cancer Center, including related events and activities (collectively the "Prouty"), freely, voluntarily and without duress, execute this Waiver and Release for myself, or on behalf of the minor named in this Waiver and Release to which I am the legal guardian or parent of, and on behalf of my and their personal representatives, assigns, executors, administrators, agents, heirs and next of kin ("Related Parties"). Registrant represents and warrants that that the Registrant is 18 years old or older or that this Waiver and Release is executed by Registrants legal guardian or parent and that Registrant or Registrant's legal parent or guardian (as applicable) has read this Waiver and Release. In executing this Waiver and Release, the Registrant, and Registrant's legal guardian or parent (as applicable) agrees as follows:
1. Understands the physically demanding nature of the Prouty and agrees that Registrant is qualified, in good health, and in proper physical condition to participate in the Prouty.
2. Understands and agrees that while participating in the Prouty, Registrant will act in accordance with, and follow all, CDC guidelines, federal, state and local rules, and Dartmouth-Hitchcock (defined below) policies regarding COVID-19, which may change from time to time, to reduce the risks of exposure to COVID-19. The Registrant, and Registrant's legal guardian or parent (as applicable), further agrees and understands that COVID-19 is extremely contagious and is spread mainly from person-to-person contact. Dartmouth-Hitchcock cannot guarantee that Prouty participants will not contract COVID-19 at the Prouty. By attending the Prouty the Registrant, and Registrant's legal guardian or parent (as applicable), agree that Registrant does not have COVID-19 symptoms and has not been diagnosed with COVID-19, and is not yet cleared as non-contagious by state or local public health authorities or the health care team responsible for Registrant's treatment. REGISTRANT, AND REGISTRANT'S LEGAL GUARDIAN OR PARENT (AS APPLICABLE), KNOWINGLY ASSUMES ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, RELATED TO ILLNESS AND INFECTIOUS DISEASES, SUCH AS COVID-19, EVEN IF ARISING FROM THE NEGLIGENCE OF A RELEASEE (DEFINED BELOW) OR OTHERS.
3. Understands and agrees that the Prouty is held or conducted on public roads and in facilities open to the public and upon which the hazards of traveling and interactions with the public are to be expected. The Registrant, and Registrant's legal guardian or parent (as applicable), further agree and warrant that if at any time Registrant believes conditions to be unsafe, Registrant will immediately discontinue further participation in the Prouty.
4. Understands and agrees that the risk of injury from participation in the Prouty is significant, up to and including the potential for serious injury, permanent paralysis, and death and while particular rules, equipment and personal discipline may reduce this risk, the risk of serious injury and death does exist. REGISTRANT, AND REGISTRANT'S LEGAL GUARDIAN OR PARENT (AS APPLICABLE), KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and whether or not covered by personal health or other type of insurance; and Registrant, and Registrant's legal guardian or parent (as applicable), assumes full responsibility for Registrant's participation in the Prouty.
5. If applicable, I understand, agree, and warrant that I am the parent or legal guardian of the Registrant and that I am responsible for the obligations and acts of the Registrant in the Prouty. I further agree that the Registrant will be under my direct supervision, or the direct supervision of the Registrant's legal guardian or parent, at all times while participating in the Prouty. I further agree to assume ALL RISK, RESPONSIBILITY, AND LIABILITY, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, related to the Registrant's participation in a Prouty event.
6. Understands and agrees that photographs and/or videos may be taken of the Registrants and other participants in connection with the Prouty. Registrant, and Registrant's legal guardian or parent (as applicable), hereby consents to the taking of such photographs and videos and the use and publication of such photographs and videos.
7. Understands and agrees that all dogs participating in the Prouty must wear ID tags, be on a leash (no flex leashes permitted), socialize well with other dogs, be current on all vaccinations, including rabies, and not be in heat, and Registrant, and Registrant's legal guardian or parent (as applicable), agree to comply with all of these requirements if Registrant has any dog(s) participating in the Prouty. Registrant, and Registrant's legal guardian or parent (as applicable), further agrees to assume all risks and liabilities related to or in connection with, either directly or indirectly, to Registrant's dog(s) participating in the Prouty.
8. Agrees to (i) comply with the stated and customary terms and conditions for participation in the Prouty, including but not limited to the following "Rules of the Ride": wear an ANSI- and/or Snell-approved helmet during the entire ride; (ii) obey all traffic signs and signals; (iii) use hand signals to communicate intentions to turn or stop; (iv) move bicycle well off the road when stopped; (v) ride on the right with the direction of traffic; (vi) be in control of the bicycle at all times; (vii) yield to pedestrians; look carefully before entering intersections; (viii) make eye contact with motorists; and (ix) show respect and courtesy to all roadway users.
9. That Registrant, and Registrant's legal guardian or parent (as applicable), and their heirs, assigns, personal representatives, executors, administrators, agents, and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS (i) Dartmouth-Hitchcock Health, Dartmouth-Hitchcock Clinic and Mary Hitchcock Memorial Hospital (collectively "Dartmouth-Hitchcock"); (ii) Trustees of Dartmouth College; (iii) Dartmouth-Hitchcock's affiliates, related entities, directors, officers, employees, agents, representatives, successors, and assigns; and (iv) the operators of the Prouty, and each of their officers, owners, officials, directors, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and, as applicable, owners and lessors of premises, property and/or equipment used to conduct the Prouty (collectively the "Releasees"), FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY, THE REGISTRANTS' OR RELATED PARTIES' ACCOUNT ARISING FROM MY OR THE REGISTRANT'S OR A RELATED PARTIES' PARTICIPATION IN THE PROUTY, WHETHER CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. This waiver and release of liability includes, without limitation, injuries or damages which may occur as a result of (a) Registrant's participation in any Prouty event; (b) negligent instruction or supervision, including, but not limited to, instruction or supervision by the Releasees, or others; (c) negligent hiring or retention of employees of the Releasees or others; (d) slipping, tripping, falling, or other bodily injury occurring during, or related to, any Prouty event; or (e) loss of personal property while participating in any Prouty event.
By checking "I agree" below, I am acknowledging that I am 18 years of age or older, have read and understand all of the terms of this Waiver and Release, and I understand that I will be giving up substantial rights for myself, the Registrant, and the Related Parties by signing it. I agree that if any portion of this Waiver and Release is held to be invalid, the balance, notwithstanding, shall continue in full force and effect. I further acknowledge and agree that, by clicking on "Submit", I am creating an electronic signature and that I understand that it will be binding, enforceable and the legal equivalent of a handwritten signature.
Check here to show you accept the terms stated above for yourself or for a minor Volunteer for which you are the parental guardian. Enter your name here to serve as a digital signature:
2024 Prouty Waiver and Release of Liability (the "Waiver and Release")
PLEASE READ CAREFULLY! THIS IS A LEGAL DOCUMENT!
I, or the minor named in this Waiver and Release, (the "Registrant"), in consideration of the Registrant's participation in the 2024 Prouty fundraising events to benefit the Dartmouth Cancer Center, including related events and activities (collectively the "Prouty"), freely, voluntarily and without duress, execute this Waiver and Release for myself, or on behalf of the minor named in this Waiver and Release to which I am the legal guardian or parent of, and on behalf of my and their personal representatives, assigns, executors, administrators, agents, heirs and next of kin ("Related Parties"). Registrant represents and warrants that that the Registrant is 18 years old or older or that this Waiver and Release is executed by Registrants legal guardian or parent and that Registrant or Registrant's legal parent or guardian (as applicable) has read this Waiver and Release. In executing this Waiver and Release, the Registrant, and Registrant's legal guardian or parent (as applicable) agrees as follows:
1. Understands the physically demanding nature of the Prouty and agrees that Registrant is qualified, in good health, and in proper physical condition to participate in the Prouty.
2. Understands and agrees that while participating in the Prouty, Registrant will act in accordance with, and follow all, CDC guidelines, federal, state and local rules, and Dartmouth-Hitchcock (defined below) policies regarding COVID-19, which may change from time to time, to reduce the risks of exposure to COVID-19. The Registrant, and Registrant's legal guardian or parent (as applicable), further agrees and understands that COVID-19 is extremely contagious and is spread mainly from person-to-person contact. Dartmouth-Hitchcock cannot guarantee that Prouty participants will not contract COVID-19 at the Prouty. By attending the Prouty the Registrant, and Registrant's legal guardian or parent (as applicable), agree that Registrant does not have COVID-19 symptoms and has not been diagnosed with COVID-19, and is not yet cleared as non-contagious by state or local public health authorities or the health care team responsible for Registrant's treatment. REGISTRANT, AND REGISTRANT'S LEGAL GUARDIAN OR PARENT (AS APPLICABLE), KNOWINGLY ASSUMES ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, RELATED TO ILLNESS AND INFECTIOUS DISEASES, SUCH AS COVID-19, EVEN IF ARISING FROM THE NEGLIGENCE OF A RELEASEE (DEFINED BELOW) OR OTHERS.
3. Understands and agrees that the Prouty is held or conducted on public roads and in facilities open to the public and upon which the hazards of traveling and interactions with the public are to be expected. The Registrant, and Registrant's legal guardian or parent (as applicable), further agree and warrant that if at any time Registrant believes conditions to be unsafe, Registrant will immediately discontinue further participation in the Prouty.
4. Understands and agrees that the risk of injury from participation in the Prouty is significant, up to and including the potential for serious injury, permanent paralysis, and death and while particular rules, equipment and personal discipline may reduce this risk, the risk of serious injury and death does exist. REGISTRANT, AND REGISTRANT'S LEGAL GUARDIAN OR PARENT (AS APPLICABLE), KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and whether or not covered by personal health or other type of insurance; and Registrant, and Registrant's legal guardian or parent (as applicable), assumes full responsibility for Registrant's participation in the Prouty.
5. If applicable, I understand, agree, and warrant that I am the parent or legal guardian of the Registrant and that I am responsible for the obligations and acts of the Registrant in the Prouty. I further agree that the Registrant will be under my direct supervision, or the direct supervision of the Registrant's legal guardian or parent, at all times while participating in the Prouty. I further agree to assume ALL RISK, RESPONSIBILITY, AND LIABILITY, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, related to the Registrant's participation in a Prouty event.
6. Understands and agrees that photographs and/or videos may be taken of the Registrants and other participants in connection with the Prouty. Registrant, and Registrant's legal guardian or parent (as applicable), hereby consents to the taking of such photographs and videos and the use and publication of such photographs and videos.
7. Understands and agrees that all dogs participating in the Prouty must wear ID tags, be on a leash (no flex leashes permitted), socialize well with other dogs, be current on all vaccinations, including rabies, and not be in heat, and Registrant, and Registrant's legal guardian or parent (as applicable), agree to comply with all of these requirements if Registrant has any dog(s) participating in the Prouty. Registrant, and Registrant's legal guardian or parent (as applicable), further agrees to assume all risks and liabilities related to or in connection with, either directly or indirectly, to Registrant's dog(s) participating in the Prouty.
8. Agrees to (i) comply with the stated and customary terms and conditions for participation in the Prouty, including but not limited to the following "Rules of the Ride": wear an ANSI- and/or Snell-approved helmet during the entire ride; (ii) obey all traffic signs and signals; (iii) use hand signals to communicate intentions to turn or stop; (iv) move bicycle well off the road when stopped; (v) ride on the right with the direction of traffic; (vi) be in control of the bicycle at all times; (vii) yield to pedestrians; look carefully before entering intersections; (viii) make eye contact with motorists; and (ix) show respect and courtesy to all roadway users.
9. That Registrant, and Registrant's legal guardian or parent (as applicable), and their heirs, assigns, personal representatives, executors, administrators, agents, and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS (i) Dartmouth-Hitchcock Health, Dartmouth-Hitchcock Clinic and Mary Hitchcock Memorial Hospital (collectively "Dartmouth-Hitchcock"); (ii) Trustees of Dartmouth College; (iii) Dartmouth-Hitchcock's affiliates, related entities, directors, officers, employees, agents, representatives, successors, and assigns; and (iv) the operators of the Prouty, and each of their officers, owners, officials, directors, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and, as applicable, owners and lessors of premises, property and/or equipment used to conduct the Prouty (collectively the "Releasees"), FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY, THE REGISTRANTS' OR RELATED PARTIES' ACCOUNT ARISING FROM MY OR THE REGISTRANT'S OR A RELATED PARTIES' PARTICIPATION IN THE PROUTY, WHETHER CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. This waiver and release of liability includes, without limitation, injuries or damages which may occur as a result of (a) Registrant's participation in any Prouty event; (b) negligent instruction or supervision, including, but not limited to, instruction or supervision by the Releasees, or others; (c) negligent hiring or retention of employees of the Releasees or others; (d) slipping, tripping, falling, or other bodily injury occurring during, or related to, any Prouty event; or (e) loss of personal property while participating in any Prouty event.
By checking "I agree" below, I am acknowledging that I am 18 years of age or older, have read and understand all of the terms of this Waiver and Release, and I understand that I will be giving up substantial rights for myself, the Registrant, and the Related Parties by signing it. I agree that if any portion of this Waiver and Release is held to be invalid, the balance, notwithstanding, shall continue in full force and effect. I further acknowledge and agree that, by clicking on "Submit", I am creating an electronic signature and that I understand that it will be binding, enforceable and the legal equivalent of a handwritten signature.
Check here to show you accept the terms stated above for yourself or for a minor Volunteer for which you are the parental guardian.