I desire to participate in the DRC | Marathon Training Group (hereinafter “Event”).  Duluth Running Company is willing to let me participate in the Event if and only if I give Duluth Running Company this Assumption of Risk and Exculpatory Release (hereinafter “Document”). This Document will be in full effect until I request, in writing, that it be canceled, which I may do at any time for any or no reason. If I choose to cancel, further participation in the Event will thereafter be denied but this Document will still remain applicable to my participation in the Event prior to my cancellation.  Similarly, Duluth Running Company reserves the right to deny participation in the Event at any time for any or no reason. If Duluth Running Company does so, this Document will still remain applicable to my participation in the Event prior to Duluth Running Company’s denial. 

Risks.  I understand and acknowledge that participating in the event involves risks including, but not limited to the following:  property damage or loss and personal injury or illness, including but not limited to permanent disability, paralysis, and possibly death. These risks may result from a variety of circumstances, including but not limited to my own health conditions and physical abilities, the use or misuse of equipment or facilities, equipment or facility malfunction, from the activity itself, from the acts or omissions of myself or others, including Duluth Running Company and its agents, or from the unavailability of emergency medical care.

Physical Demands.  I understand that participating in the Event is physically demanding and potentially dangerous. Therefore, I acknowledge that I am free of medical or physical conditions that might create undue risk to myself or others who depend on me. If there is any question about my ability to participate, I agree to consult with my physician prior to signing this form or participating in the Event.

Assumption of Risk.  I will be participating in the Event of my own free will. I understand that my decision to participate in the Event is entirely voluntary.  I assume all risks that may arise out of or result from my participation in the Event including but not limited to those risks described in section 1, above.  

Acknowledgement of Policies & Procedures.  I understand that the safe and proper participation in the Event is dependent upon carefully following policies and procedures.  I agree to comply with and abide by all rules, regulations, and policies of Duluth Running Company, including those posted on the Event website and which are available to me upon request.  

Exculpatory Release; Indemnification.

Definitions.  For purposes of this section 5: 

“Released Parties” means Duluth Running Company and its affiliates, predecessors, successors, assigns, administrators, shareholders, directors, officers, employees, insurers, sponsors, agents, and representatives.  References to the plural Released Parties shall be deemed to include the singular Released Party and vice versa.  

“Claims” means any and all claims, including but not limited to demands, lawsuits, and administrative complaints or charges, seeking relief of any kind, including but not limited to damages of any kind, equitable relief of any kind, attorney’s fees, costs, disbursements, and expenses.  

“Harm” means any and all losses, including but not limited to property damage, property loss, property theft, income loss, medical and other expenses, personal injury, personal illness, and death.  

“Participation” means participation in the Event.

Exculpatory Release.  I hereby exculpate and release the Released Parties from Claims by me against the Released Parties for Harm sustained by me related to or arising out of my Participation and caused by the Released Parties’ own ordinary negligence. This exculpatory release does not cover Claims by me against the Released Parties for Harm sustained by me related to or arising out of my Participation and caused by the Released Parties’ own greater-than-ordinary negligence (for example, gross negligence) or by the Released Parties’ own intentional, willful, or wanton acts or omissions.

Indemnification.  I agree to defend, indemnify, and hold harmless the Released Parties from Claims by third parties against the Released Parties for Harm sustained by the third party related to or arising out of my Participation and caused by my own ordinary negligence, or by my own greater-than-ordinary negligence, or by my own intentional, willful, or wanton acts or omissions.     

Requisite Skills.  I represent to Duluth Running Company that I have the requisite skills, qualifications, health, physical ability, and training necessary to properly and safely participate in the Event.  I agree that if I have any questions as to what skills, qualifications, health, ability, or training is necessary to properly participate in the Event, I shall direct such questions to the appropriate individuals.

Representatives.  I enter into this agreement for myself, as well as my heirs, assigns, and legal representatives.

Insurance.  I understand that I am solely responsible for any medical, health, or personal injury or illness expenses relating to my Participation.  I understand that I am encouraged to have a medical examination and purchase health insurance prior to my Participation.

Law and Venue.  This Document shall be governed in all respects by the laws of the State of Minnesota.  The parties agree to use the State of Minnesota, County of St. Louis, as venue for any disputes between the parties related to this Document.

Severability.  If any term or provision of this Document is held to be illegal, invalid or unenforceable, or the application thereof to any person or circumstance shall to any extent be illegal, invalid, or unenforceable, under present or future laws effective during the term hereof or of any provisions hereof which survive termination, then and in any such event, it is the express intention of the parties that the remainder of this Document, or the application of such term, clause, or provision other than to those as to which it is held illegal, invalid, or unenforceable, shall not be affected thereby, and each term, clause, or provision of this Document and the application thereof shall be legal, valid, and enforceable to the fullest extent permitted by law.

I am 18 years of age or older and I have read and fully understand this Document and understand that it relates to surrendering and releasing valuable legal rights.  I do so freely and voluntarily.