By indicating your acceptance, you understand, agree, warrant and covenant as follows:

Waiver and Release:

The undersigned, in consideration for Esplanade Association allowing my participation in the Esplanade 5k acknowledge that my participation in the Esplanade 5k , run entails inherent risks such as death, injury and damage to property. Those risks include, but are not limited to, death, injuries and damages resulting from the following:

1. The negligence of Esplanade Association, Sub5 Race Management and its affiliated organizations which provide employees, goods or services and Esplanade Association in connection with the Esplanade 5k or their owners, employees, representatives, volunteers or agents; the negligence of guests, visitors or other persons who may be present at or participating in the Esplanade 5k ; or the negligence of any applicable governmental entities;

2. Slips, trips, falls, crashes or other such accidents that occur while participating in the Esplanade 5k or which may be caused by other persons participation in the Esplanade 5k ; or

3. The negligence or lack of adequate training of Sub 5 Race Management, Esplanade Association or Esplanade 5k , employees, representatives, volunteers, or agents who seek to assist with medical or other help either before or after injuries have occurred.

I agree to release from all liability, discharge and promise not to take legal action against: (i) Sub 5 Race Management, Esplanade Association and its affiliated organizations which provide employees, goods or services in connection with the Esplanade 5k , and their directors, owners, employees, representatives, volunteers or agents , (ii) any guest, visitor or other person present or participating in the Esplanade 5k ; (iii) any sponsor of the Esplanade 5k , their directors, owners, employees, representatives, volunteers or agents; or (iv) any applicable governmental entities, their directors, employees, representatives, volunteers or agents. I agree to release the aforementioned organizations and persons from any liability to me, my heirs, next of kin, assigns or personal representatives for any losses, damages, claims or demand arising out of my death, injuries or damages to property, even if their individual or collective negligence contributes to such death, injuries or damages.

Assumption of Risk:

I certify to Esplanade Association , that I am eighteen (18) years of age or older, physically fit, have sufficiently trained for participating in the Esplanade 5k , and have not been advised against participating in the Esplanade 5k ,or other similar activities by a qualified health professional. I freely and voluntarily assume complete personal responsibility for all risks and for my death or any injury or damage that may occur to me or my property as a result of these risks, even if such death, injury or damage occurs in a manner that is not foreseeable to me at this time. I realize that by voluntarily assuming the risks involved, I will be solely responsible for my death or any injury or damage that I sustain. I have read this Assumption of Risk thoroughly and understand the terms. My participation in the Esplanade 5k, and my execution of this Assumption of Risk are both purely voluntary and I elect to do so in spite of the risks. Moreover, I understand that Esplanade 5k, and/or those authorized by Esplanade Association , will be taking photographs and making audio and video recordings of the Esplanade 5k , and its related events. I hereby irrevocably consent to and grant Esplanade Association l, and/or anyone authorized by Esplanade Association , the exclusive right to the ownership and use of (i) any and all photographs taken by Esplanade Association , and/or those authorized by Esplanade Association that contain my image or likeness; (ii) any and all audio recordings made by , Esplanade Association, and/or anyone authorized by Esplanade Association , that contain my name or voice; and/ or (iii) any and all video recordings made by Esplanade Association , and/or anyone authorized by Esplanade Association , that contain my image, likeness, name or voice; for any lawful purpose whatsoever in connection with the Esplanade Association , and its related events.

Severability. You further expressly agree that this Agreement and Waiver is intended to be as broad and inclusive as is permitted by the law of the Commonwealth of Massachusetts and that if any provision of this Agreement and Waiver shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and Waiver and shall not affect the validity and enforceability of any remaining provisions.


BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND WAIVER, YOU ARE AFFIRMING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND WAIVER AND FULLY UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE SIGNING THE AGREEMENT AND WAIVER FREELY AND VOLUNTARILY, AND INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.