Waiver, Release and Indemnity
In consideration of the following and the permission to participate as an entrant or competitor in
the Heart and Sole 5K WALK/RUN (the “Event”) to be held on Sunday 22, October, I, for myself, my
heirs, executors, administrators, successors and assigns and any minor for whom I am signing this
waiver (collectively, the “Releasors”), hereby fully release, waive and forever discharge Cayman
Heart Fund. (the “Event Host”), Cayman Shores Development Ltd. and each of their affiliates,
holding and subsidiary companies, shareholders, directors, officers, agents, contractors,
employees, volunteers and all sponsors and contributors (collectively, the “Indemnified Parties”)
of and from all claims, demands, costs, expenses, actions and causes of action, whether in law or
equity, in respect of death, injury, loss or damage to myself or the Releasors or any property,
however caused, arising or to arise by reason of the Releasors’ participation in the Event whether
as a spectator, participant, competitor or otherwise, whether prior to, during or subsequent to the
Event, and any of the aforesaid. The Releasors further hereby undertake to defend and hold harmless
and agree to fully indemnify, and keep fully indemnified, the Indemnified Parties from and against
any and all liability incurred by any or all of them as a result of, or in any way connected or
associated with, the Releasors’ participation in the Event. By submitting and signing this form the
Releasors acknowledge, having read and agreed to the above waiver, release and indemnity, that it
is understood this document constitutes a waiver of their right to commence any legal proceedings.
The Releasors further acknowledge that they understand there are risks associated with
participating in the Event and that they are physically fit and qualified to participate in this
Event. The Releasors confirm they have had the opportunity to examine the condition of the property
used for this Event and accept that they use it at their own risk and understand it is not
necessarily fit for the purpose of the Event.
The Releasors assume any and all risks from their voluntary participation in this Event and its
related activities, including but not limited to: falls, slips, trips or other such accidents which
may result in physical injury or death; contact with other participants, effects of the weather
(including all those risks associated with high heat, humidity and precipitation); traffic, users
of the road and the conditions of the road; risks related to transmissible diseases highlighted by
public health guidelines that are currently in force, if any; and all such risks being known,
appreciated and accepted by the Releasors. The Releasors further acknowledge that these risks
include risks that may be the result of negligent acts, omissions, and/or carelessness of the
Indemnified Parties. The Releasors agree to abide by any and all safety rules prescribed in
relation to the Event.
The Releasors understand that the Indemnified Parties reserve the right to refuse participation in
the Event, and further reserve the right to change the details of the Event or cancel or postpone
the Event without prior notice for any reason, including but not limited to acts of civil authority
and/or pandemic or other outbreak of illness.
The Releasors understand that the Event Host will be collecting their personal data in connection
with this waiver, release and indemnity and the Event and the Releasors hereby consent to the
collection, use and processing of such personal data for the purposes of same. Such personal data
may also be shared with third parties that deliver services to the Event Host in connection with
the Event. Please direct any questions or comments concerning the processing of such personal data
to the Event Host at [email protected]
The Releasors grant full permission to the Indemnified Parties to use any photographs, video or
audio recordings, or any other record of this Event that may include the Releasors’ likeness,
including photographs and video which the Releasors may share online as part of the Event, for any
purpose whatsoever including for use in the Indemnified Parties’ marketing materials, social media,
media and reporting (whether in print or online), promoting the Indemnified Parties’ events,
companies and/or properties.
Any dispute or claim between the Releasors and the Indemnified Parties arising out of or in
connection with this waiver, release and indemnity and/or the Event shall be governed by and
construed in accordance with the laws and in the Courts of the Cayman Islands.
The Releasors have carefully read and fully understand all provisions of this waiver, release and
indemnity and freely and knowingly assume the risks and waive their rights concerning liability as
described above. The Releasors understand and intend that they will be legally bound
by it. Applications for minors to participate will be accepted only with the parent/legal
guardian’s signature as indicated below.
Waiver, Release and Indemnity