Kickin' Asthma Half Marathon - Participant Waiver, Release, and Indemnification Agreement

Event Name: Kickin' Asthma Half Marathon

Event Date: August 9, 2025

Event Location: Starts/Ends at Soldier Hollow Campground, with the trail along the Provo-Jordan River Parkway (starting at the Deer Creek North Trailhead) right along Deer Creek Reservoir, Utah.

Event Organizer: Richards Family Foundation (a 501(c)(3) non-profit organization focused on asthma treatment, awareness, and support)

PLEASE READ THIS DOCUMENT CAREFULLY. BY INITIALING THE ACKNOWLEDGMENT FIELD ON THE REGISTRATION FORM, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS, AND YOU ARE GIVING UP IMPORTANT LEGAL RIGHTS.

I, the undersigned participant, or the parent/legal guardian of the minor participant named below, acknowledge and agree to the following terms and conditions in consideration for being permitted to participate in the Kickin' Asthma Half Marathon (the "Event") organized by the Richards Family Foundation (the "Organizer").

1. Acknowledgment of Risks

I understand and acknowledge that participation in a trail running event, such as the Kickin' Asthma Half Marathon, involves

inherent risks, dangers, and hazards

that may cause serious injury, including but not limited to physical injury, psychological injury, pain, suffering, temporary or permanent disability, economic loss, and even death. These risks include, but are not limited to:

Tripping, falling, or encountering uneven terrain, rocks, roots, or other obstacles on a dirt trail.Slipping on wet, muddy, or loose surfaces.Collisions with other participants, spectators, natural objects, or vehicles.Environmental conditions including, but not limited to, changes in weather, heatstroke, hypothermia, dehydration, and exposure to sun.Animal encounters, including insects, reptiles, and mammals.Lack of immediate access to medical facilities or emergency care in remote sections of the course.Fatigue, overexertion, and other physical stresses.The risks associated with pre-existing medical conditions, including asthma, and the potential exacerbation of such conditions during strenuous physical activity.

I understand that while the trail is generally well-maintained, there is still inherent risk associated with uneven footing and natural trail features. I

voluntarily assume all risks

, known and unknown, associated with participating in the Event.

2. Assumption of Responsibility

I certify that I am physically fit and have sufficiently trained for participation in the Event and have not been advised otherwise by a qualified medical person. I have no medical condition that would prevent me from safely participating in this Event. I understand that it is my responsibility to monitor my own physical condition throughout the Event and to withdraw if I feel unwell or if my continued participation would pose a risk to myself or others.

I agree to carry sufficient water as recommended by the Organizer (at least 1 liter) and understand that while aid stations will be provided, they are not a substitute for personal hydration. I agree to stay on marked trails at all times.

3. Release and Waiver of Liability

In consideration for being permitted to participate in the Event, I, for myself, my heirs, executors, administrators, personal representatives, and assigns, hereby

forever release, waive, discharge, and covenant not to sue

the Richards Family Foundation, its directors, officers, employees, volunteers, agents, contractors, sponsors, land owners (including Soldier Hollow Campground, Deer Creek State Park, and any entities associated with the Provo-Jordan River Parkway), and all other persons or entities associated with the Event (collectively, the "Released Parties") from any and all claims, demands, actions, liabilities, expenses, and causes of action whatsoever, including for negligence, that I may have for any injury, death, property damage, or loss sustained by me arising out of or in any way connected with my participation in the Event, including but not limited to, traveling to and from the Event, participation in all activities associated with the Event, and any medical treatment rendered in connection with the Event.

4. Indemnification

I agree to

indemnify, defend, and hold harmless

the Released Parties from and against any and all claims, demands, actions, liabilities, expenses, and causes of action whatsoever, including reasonable attorneys' fees, arising from or in any way related to my participation in the Event, including but not limited to, any injury, death, or damage caused by my own actions, inactions, or negligence.

5. Medical Treatment Authorization

I authorize the Organizer and its medical personnel to obtain emergency medical care for me, including transportation to a medical facility, if, in their opinion, medical attention is required. I agree to be responsible for all costs associated with such medical care and transportation. I understand that medical personnel will be available at the start/finish line and vehicles will be available for transport along the trail if necessary.

6. Age Requirement and Parental Consent

I understand that the minimum age for participation is 8 years old. If the participant is under 18 years of age on the Event Date, a parent or legal guardian must initial the acknowledgment field on their behalf, signifying their agreement to all terms. The parent/legal guardian fully assumes all risks and responsibilities for the minor participant.

7. Media Release

I grant the Richards Family Foundation and its authorized representatives permission to photograph and video record my image, likeness, voice, and performance while participating in the Event. I authorize the use of such photographs and videos in any and all media, now known or hereafter devised, worldwide, in perpetuity, for promotional, publicity, and fundraising purposes related to the Richards Family Foundation and the Kickin' Asthma Half Marathon, without compensation or further notice.

8. Event Rules and Regulations

I agree to abide by all rules and regulations of the Event as communicated by the Organizer, including, but not limited to, staying on marked trails and carrying sufficient water. I understand that failure to follow rules may result in disqualification from the Event.

9. Refund and Cancellation Policy

The Organizer's refund and cancellation policy is as follows:

Refunds: Due to the nature of event planning and upfront costs, registration fees are generally non-refundable. Participants may be able to transfer their registration to another participant or defer it to the following year's event at the Organizer's discretion and if requested within a specified timeframe (e.g., 30 days prior to the event).Event Cancellation: In the event of unforeseen circumstances beyond the Organizer's control (e.g., extreme weather, natural disaster, public health emergency, or government mandate) that necessitate the cancellation of the Event, the Organizer will make reasonable efforts to reschedule the event or provide participants with an alternative (e.g., virtual event option). If cancellation occurs, no refunds will be issued, but participants may be offered a deferral to a future event or a partial credit towards future events.

10. Severability

If any provision of this Waiver, Release, and Indemnification Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.

11. Governing Law

This agreement shall be governed by and construed in accordance with the laws of the State of Utah.

By initialing the acknowledgment field on the online registration form, I confirm that I have read this Waiver, Release, and Indemnification Agreement, understand its terms, and agree to them freely and voluntarily. I understand that I am giving up substantial rights, including my right to sue.

Remember to make it very clear on your registration form that by initialing that specific field, registrants are agreeing to the terms of this waiver. It's still highly recommended to

consult with a legal professional in Utah

to ensure this waiver meets all specific legal requirements for your event and organization.