Stroller Society Co: Waiver & Terms of Participation
For purposes of this Assumption of Risk Waiver and Release of Claims (the “Waiver”):
“Event” means any run, walk, wellness activity, fitness activity, social gathering, meet-up, volunteer activity, or other activity of any kind, whether formal or informal, that is organized, sponsored, promoted, managed, hosted, coordinated, supported, or otherwise conducted by Stroller Society Co. LLC (hereinafter “Stroller Society Co.”). The term “Event” includes all related activities occurring before, during, or after such activities.
“Released Parties” means Stroller Society Co. LLC, together with its owners, members, managers, officers, directors, employees, agents, volunteers, contractors, sponsors, affiliates, advertisers, successors, assigns, insurers, municipalities, governmental entities issuing permits or authorizations for any Event, and each of their respective officers, employees, representatives, agents, and all owners or lessors of premises used in connection with any Event.
“Participant” means any individual competing, observing, cheering, running, walking, volunteering, or otherwise participating in or present at an Event.
In consideration for being permitted to participate in or attend any Event, I acknowledge and agree as follows:
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1. Assumption of Risk
Participation in or attendance at any Event involves inherent risks, including personal injury, illness, death, property damage, and other losses.
These risks may arise from terrain conditions (including sidewalks, roads, trails, and parking areas), weather conditions (including heat, humidity, dehydration, sun exposure, insects, and changing conditions), vehicular or pedestrian traffic, the actions or omissions of participants or third parties.
Events may occur on public or private property not controlled by Stroller Society Co.
I understand and acknowledge that Released Parties shall not be responsible or liable for any injury, illness, damage, loss, or other harm arising out of or related to participation in or attendance at any Event.
I voluntarily assume all risks, known and unknown, including those arising from the negligence of the Released Parties, to the fullest extent permitted by law. I accept full responsibility for my participation.
I confirm that I am physically able to participate and will stop if I feel unsafe. I understand that Stroller Society Co does not provide medical insurance, and I am responsible for any medical care or costs incurred.
2. Participation of Minors and Children in Strollers
If I am participating with a child, minor, or stroller, I confirm that I am the parent or legal guardian of the child or have full authority to bring the child to the Event.
I represent and warrant that I have the legal authority to make decisions on behalf of any child accompanying me and to execute this Waiver on the child's behalf.
I understand that participation in Events with infants, toddlers, children, and strollers involves additional risks, including but not limited to falls, collisions, uneven terrain, weather exposure, equipment failure, traffic, and the actions or omissions of other participants or third parties.
I am solely responsible for the supervision, safety, and care of any child accompanying me at all times. Any stroller or child-related equipment used is my responsibility and must be in safe working condition. Stroller Society Co does not provide childcare or supervision services.
I assume all risks on behalf of myself and any child accompanying me, whether in a stroller or otherwise participating in the Event.
To the fullest extent permitted by law, I release and hold harmless the Released Parties from any claims arising out of injury, illness, damage, or loss suffered by me or any child in connection with participation in an Event.
3. Release of Liability
For myself and any minor child accompanying me, I release and hold harmless the Released Parties from any and all claims, liabilities, damages, losses, or expenses arising out of or related to participation in or attendance at any Event, including participation with a child or strollerTT
This release includes claims arising from ordinary negligence of the Released Parties, to the fullest extent permitted by law
Nothing in this Waiver shall be construed to release claims arising from gross negligence, willful misconduct, or intentional acts to the extent such claims cannot be waived under applicable law.
4. Agreement Not To Sue
Participant agrees not to file any lawsuit, claim, or proceeding against any Released Party for any injury, illness, death, property damage, or other loss arising directly or indirectly out of participation in or attendance at any Event.
5. Fitness and Postpartum Acknowledgement
I acknowledge that participation in physical activity following pregnancy or childbirth may involve additional risks. I represent that I have consulted with a medical professional as necessary and am physically capable of participating in Event activities.
I understand that Stroller Society Co does not provide medical advice, diagnosis, or treatment.
5a. Emergency Medical Authorization
In the event of illness, injury, or emergency, I authorize Stroller Society Co, its representatives, volunteers, and emergency personnel to obtain emergency medical evaluation, treatment, transportation, or care for me or any accompanying child if deemed reasonably necessary. I understand that I am solely responsible for all medical expenses incurred.
I authorize the release of relevant medical information to emergency responders or healthcare providers as reasonably necessary to provide care.
6. Authorization to Record and Use Likeness
I grant Stroller Society Co the right to photograph, film, videotape, and otherwise record me and any minor child accompanying me during any Event.
I authorize Stroller Society Co to use such recordings, images, voice, likeness, and related content in any media now known or later developed, including social media, marketing, promotional, advertising, and commercial materials, without compensation or further consent.
I waive any right to inspect or approve the finished materials and release the Released Parties from any claims relating to the use of such recordings or images.
7. Indemnification
I agree to indemnify and hold harmless the Released Parties from any claims, damages, losses, or expenses, including reasonable attorneys’ fees, arising out of or related to my participation in any Event or breach of this Waiver. This obligation includes claims brought by or on behalf of any minor child accompanying me.
8. Consent to Communications
I consent to receive communications and promotional materials from Stroller Society Co. I understand that I may opt out at any time.
9. Arbitration
Any dispute arising under or relating to this Waiver shall be resolved exclusively by binding arbitration in the State of Florida in accordance with the rules of the American Arbitration Association. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
10. No Oral Modification
I agree that the terms of this Waiver may not be changed, except by a written agreement signed by me and an authorized representative of Stroller Society Co.
11. Severability
If any portion of this waiver is deemed to be illegal or unenforceable, the remaining provisions of this waiver remain in full force.
12. Electronic Signature
Electronic acceptance of this Waiver is the legally binding equivalent of Participant’s signature.
This Waiver shall be construed and enforced in accordance with the laws of the State of Florida, and any provisions required by applicable federal or state law to be included in a release or waiver of this type shall be deemed incorporated herein.
By accepting this Waiver, I acknowledge that I have read, understand, and agree to be legally bound by its terms.
I agree that if I do not agree to these terms, I will not be permitted to participate in Stroller Society Co Events.
IMPORTANT: THIS WAIVER INCLUDES A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS, INCLUDING CLAIMS ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES. PLEASE READ CAREFULLY BEFORE AGREEING.