ASSUMPTION OF RISK, RELEASE AND INDEMNITY AGREEMENT

This Assumption of Risk, Release and Indemnity Agreement (this “Agreement”) must be completed and signed by or for each participant in the Activities (as defined below).

As consideration for being allowed to participate in any activity, program, event, party or function of Ortega Brothers, LLC / Colombian Fest/Caferun5k or its affiliates  (the “Event/CafeRun”) or at a Chicago Park District facility/park venue, including Humboldt Park (including, without limitation, any (i) park property, fields, walkways, soccer, volleyball or other athletic practice, game, training session, camp or event, (ii) running, walking, race, physical, weight or cardiovascular training, and/or (iii) physical or fitness evaluation, on turf athletic fields) (collectively, “Activities”), the undersigned (the “Participant”), hereby understands, acknowledges and agrees as follows:

1.      I am at least 18 years of age or, if I am signing on behalf of any Participant under age 18, I am the parent or legal guardian of such Participant..

2.      I am physically fit and have no known medical conditions which prohibit my participation in Activities with the Event/CafeRun or at Chicago Park District facilities.  Should I become ill or injured on site, I authorize  Event/CafeRun medical EMT contractors, employees or agents to render medical assistance or treatment as needed at my cost.

3.      I agree to follow all rules and regulations of the Event/CafeRun from time to time in effect. I further, by signing this Agreement, certify, represent, and warrant that I have not been, am not, and will not be during my participation in the Activities, convicted of or the subject (directly or indirectly) of any ongoing or prior investigations involving molestation, sexual abuse, exploitation, physical abuse or any other “Crimes Against A Minor”.

4.      I understand that the risk of injury from Activities at Event/CafeRun facility or otherwise is significant, including, but not limited to, the potential for (1) minor injuries, such as cuts, bruises, muscle strains and sprains, (2) major injuries, such as broken or fractured bones, concussion or lost teeth, and (3) catastrophic injuries, such as heart attacks or fractured skull or those that cause disfigurement, loss of mental capacity, loss of sight, speech or hearing, paralysis or death. In addition, I acknowledge that, by participating in Activities, I may be exposed to (i) potentially harmful or deadly disease, such as “severe acute respiratory syndrome coronavirus 2” (SARS-CoV-2) or coronavirus disease (COVID-19) and any mutations or variations thereof, influenza, common cold, chicken pox, meningitis or measles, (ii) infection, and (iii) carcinogens. I understand that if I have an underlying medical condition including lung, kidney, liver, or autoimmune disease, a serious heart condition, obesity, diabetes, or asthma, I am at higher risk for severe illness or health complications from this exposure to SARS-CoV-2 and COVID-19. I further understand that there is a significant risk of damage to my personal property from my participation in Activities.

5.      I WILLINGLY AND VOLUNTARILY ASSUME ALL RISKS in any way associated with, related to, or occurring as a result of, my participation in Activities, however caused or arising, both known and unknown, EVEN IF SUCH RISKS ARISE FROM THE NEGLIGENCE OR CARELESSNESS OF ANY RELEASED PARTY (as defined below) OR OTHERS.

I hereby forever release, hold harmless, waive, discharge and indemnify, and covenant not to sue, to the fullest extent permitted by law, Event/CafeRun and  Ortega Brothers LLC, Colombian Fest Chicago, Gran Festival Colombiano, Arco Presents LLC, Colectivo Folclorico Raices De Mi Tierra Dance Co. NFP, Chicago Park District, City of Chicago; Department of Transportation, DCASE, Cooperativa Colanta, Tampico, and event sponsors and each of their respective predecessors, successors, operators, affiliates, members, managers, partners, shareholders, and controlling and controlled persons (together with any and all directors, officers, elected officials, employees, volunteers, independent contractors, service providers, trustees, representatives, attorneys, agents and assignees of each of the foregoing) (collectively, the “Released Parties” and, each of them, individually, a “Released Party”) from and against any and all liabilities, debts, obligations, costs, expenses, damages, losses, suits, causes of action, disputes, judgments, settlements, penalties, investigations, charges, liens, claims and demands of any nature or description, in equity or at law (including all attorneys’ fees and costs of investigation), that I (or my heirs, assigns, next of kin or personal representatives) may hereafter own, acquire or hold against any one or more of the Released Parties, known or unknown, suspected or unsuspected, asserted or not, arising out of, incident to or in relation to my participation in Activities even if the risks and liabilities that I am releasing arise out of the negligence or carelessness of ANY RELEASED PARTY. 

6.      I grant each of the Released Parties permission to film, record or photograph me and the perpetual right to use my name, image, likeness and voice for any commercial or non-commercial purpose without any consideration or payment to me.

7.      I consent to receive telemarketing calls and emails from the Released Parties for marketing purposes.

I have read this agreement, fully understand and agree to its terms, and understand that I am giving up substantial rights by signing it.  I sign this agreement freely and voluntarily, without any inducement or coercion. If any Participant is under age 18, Participant’s parent or legal guardian must sign this agreement.

X By entering the email information below, Participant’s parent/legal guardian (or Participant if eighteen (18) years of age or older) agrees to receive commercial e-mails from Café Run 5k/ Colombian Fest and its affiliates and partners, including ticket offers, event news, merchandise promotions and contests.

Participants over 18 and/or Parent/Legal Guardian(s) (on behalf of any minor Participants below):

Date:                               Signature:                                                                      Printed Name:                                                                                 Age:                                Date of Birth:                            /                 /                    

Date:                               Signature:                                                                      Printed Name:                                                                                

Age:                                Date of Birth:                            /                 /                    

Contact Info:

Address:   ­                                                                                                                                                                                                                    

Home Phone:                                                                      Work Phone:                                                                   Cell Phone:                             

E-mail:                                                                                                                                                                                                                               

Emergency Contact:                                                                                                                Phone Number:                                                          

Organization Name (if applicable):                                                                                                                                                                             

Participants under 18:

Participant Name:                                                                                                                                                                                         

Age:                                Date of Birth:                            /                 /                    

Participant Name:                                                                                                                                                                                         

Age:                                Date of Birth:                            /                 /