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Model and Property Release

Adult Participant – EAA® AirVenture® Oshkosh™ 2024 Runway 5k

Release for use in EAA publications:

In consideration for being able to participate in the Runway 5k during EAA® AirVenture® Oshkosh™ 2024 (the “Runway 5k”), I hereby grant EAA, and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish images, videos, and/or audio recordings taken of me in relation to the Runway 5k, or in which I may be included in relation to the Runway 5k, for use in any and all EAA editorial publications or other non- advertising EAA materials in any manner and medium; to alter the same without restriction; and to copyright the same. I hereby release EAA and its legal representatives and assigns from all claims and liability relating to said images, videos and/or audio recordings.

Additionally, I grant further rights to EAA as initialed below:

Release for use in EAA advertising: (initial here)   


I hereby grant EAA and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish images, videos, and/or audio recordings of me taken in relation to the Runway 5k, or in which I may be included in relation to the Runway 5k, for use in any and all EAA advertising materials in any manner and medium; to alter the same without restriction; and to copyright the same. I hereby release EAA and its legal representatives and assigns from all claims and liability relating to said images, videos and audio recordings.NOTE: Whenever used in this document, “EAA” shall mean the Experimental Aircraft Association, Inc. and its affiliated, sanctioned or sponsored entities. 

NOTE: Whenever used in this document, “EAA” shall mean the Experimental Aircraft Association, Inc. and its affiliated, sanctioned or sponsored entities.

Signature 

          

Date    July 5, 2024


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2024 EAA® AIRVENTURE ® OSHKOSH™ RUNWAY 5K RUN

ADULT PARTICIPANT - AGREEMENT TO WAIVE LIABILITY, ASSUME RISK AND INDEMNIFY

I, the individual and participant signing this waiver (the “Agreement”), would like to participate in the 2024 AirVenture Runway 5K Run (the “Runway 5k”), which includes, but is not limited to, a five (5) kilometer run (approximately 3.1 miles) on property owned and/or leased by Experimental Aircraft Association, Inc. (“EAA”). In consideration for my participation in the Runway 5k, I hereby agree as follows:

I am aware of and understand the following:

  1. Participating in the Runway 5k includes, without limitation, running and/or walking a 5 kilometer race course, which requires a level of physical exertion that may vary depending on my personal health, fitness level, running pace, and weather at the time the Runway 5k is conducted. I will only participate in the Runway 5k if, on the day of the Runway 5k, I am certain that I am capable and healthy enough to safely participate in the Runway 5k, and I have not received any opinion or advice from any doctor or medical professional to the contrary.
  2. Participation in the Runway 5k involves inherent risks which cannot be eliminated, regardless of the care taken to avoid injuries. Injuries that could result from my participation in the Runway 5k will vary, but may include, and are not limited to (i) minor injuries such as scratches bruises and sprains, (ii) major injuries such as eye injuries or loss of sight, joint or back issues, heart attacks and concussions, and (iii) catastrophic injuries, including paralysis and even death.
  3. I agree that in the event I begin to feel ill, injured, faint, tired, dehydrated, or overcome, I will immediately inform the EAA staff and volunteers assisting with the Runway 5k of such difficulty and seek medical assistance for the same.

Assumption of Risk, Agreement to Waive Liability and Not to Sue. I (for myself, heirs, family members, issue, personal representatives, executors, administrators and assigns) hereby: (1) assume all risks and full responsibility for any injury or death arising from my participation in the Runway 5k, including, but not limited to those injuries listed above; and (2) hereby irrevocably release and discharge: (a) EAA; (b) EAA Aviation Foundation, Inc. (“Foundation”); (c) any and all corporate sponsors and supporters of the Runway 5k; and (d) the officers, directors, members, chapters, employees, agents, divisions, affiliates, insurers and volunteers of each of those entities (collectively, the “Releasees”) from, and agree not to sue the Releasees or any of them for, any and all claims against any of the Releasees for any injury or death arising from my participation in the Runway 5k. This release, discharge and agreement not to sue applies to all legal rights, including those resulting from any negligence of Releasees, other than those resulting from the gross negligence or willful misconduct of such Releasees.

Indemnification, Defend and Hold Harmless. I agree to indemnify, defend and hold the Releasees harmless from and against any and all claims, suits, proceedings, expenses, costs, damages, and liabilities, including attorney’s fees, incurred, brought or threatened as a result of or arising out of my participation in the Runway 5k. This duty to indemnify, defend and hold the Releasees harmless applies even if any of the Releasees is negligent; however, indemnification of any Releasee is not required if such Releasee is grossly negligent or has engaged in willful misconduct.

No Representations. In entering into this Agreement and deciding to participate in the Runway 5k, I have not relied upon any representations or statements (including without limitation those that may be contained in marketing, advertising or promotional materials) made by EAA, Foundation, Covington or any of the other Releasees which are not specifically set forth herein. 

Consent and Fitness. I am at least 18 years old (or, 19 years old if a resident of Alabama or Nebraska, 21 years old if a resident of Mississippi) and know how to read and understand the English language sufficiently to fully understand this Agreement and to appreciate its nature and consequences. I acknowledge that participation in the Runway 5k involves risks and I am deciding to participate in the Runway 5k with full knowledge of those risks. I represent and warrant that I am, and will be, sufficiently healthy and fit to participate in the Runway 5k, and I do not have any physical, mental or emotional infirmity, chronic ailment or injury of any nature that would limit my ability to participate or would render my participation unsafe.

Legal Advice; Right to Bargain. I know that I can talk to my legal advisor about this Agreement and I have either done so or have chosen not to. I understand that I have the right and have been given the opportunity to object to and bargain about the provisions of this Agreement.

I am voluntarily signing this Agreement and intend it to be the unconditional release of all liability to the greatest extent allowed by law.

IMPORTANT: BEFORE SIGNING, CAREFULLY READ THIS ENTIRE AGREEMENT.

If an accident or injury were to occur, then, by signing this Agreement, you would be voluntarily giving up legal rights and providing an unconditional release of all liability to the greatest extent allowed by law. If any part of this Agreement is held invalid, the rest of the provisions shall remain in effect. If you do not understand anything in this Agreement, you should NOT sign it.

First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
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Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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