MILES FOR MIGRAINE ACKNOWLEDGMENT OF RISK; WAIVER AND RELEASE OF LIABILITY

In consideration of acceptance of my entry to participate in or be a volunteer at a Miles For Migraine Run/Walk (the “Event”), intending to be legally bound I acknowledge, appreciate and agree that: This document is a waiver and release of liability, which means by signing it I am waiving and releasing all legal rights to claim, sue or attempt to hold liable to me or my family, including my minor children or others under my care and supervision, if any, the parties being released for any injury, death, property damage, or other damages sustained for things they may do or fail to do, to the extent permitted by law.

I agree not to enter into or volunteer at the Event unless I am medically able and properly trained. I agree to abide by any decision of an Event official relative to my ability to safely complete the Event.

I recognize that participation in the Event is a potentially hazardous activity and I willingly assume all risks associated with such participation, including, but not limited to, falls; contact with other participants, spectators or others, or vehicular or other traffic; the effects of the weather, including heat and/or humidity, wind, cold temperature and wet or icy surfaces; falling tree branches or other overhead objects; traffic; and the crowded nature and other conditions of the course, all such risks being known and appreciated by me.

Having read this Acknowledge of Risk; Waiver and Release of Liability (“Waiver”) and knowing these facts, and in consideration of your acceptance of my application for the Event, I, for myself and anyone entitled to act on my behalf, RELEASE, WAIVE, DISCHARGE, COVENANT NOT TO SUE AND AGREE TO HOLD HARMLESS Miles for Migraine Foundation, Miles For Migraine Run/Walk, its and their members, managers, directors, consultants, officers, employees, agents, representatives, volunteers, concessionaires, sponsors, contractors, subcontractors and their representatives, heirs, successors and assigns (the “Protected Parties”) from present and future claims and liabilities of any kind, known or unknown, arising out of my participation in the Event, including, but not limited to, claims for damages, personal injury, death, and/or property damage, any claim of right in respect of the Images (as defined below), including, but not limited to, claims of false endorsement or rights of publicity or privacy (“Claims and Losses”).

This Waiver will be binding on my successor, heirs and assigns, and my minor children or others under my care and supervision, if any. This Waiver will apply even if the harm is caused by the negligence or any other unintentional wrongdoing of any of the Protected Parties, and is intended to be a complete and irrevocable release of all Claims and Losses caused by negligence or other unintentional wrongdoing. I further acknowledge that the Protected Parties reserve the right to change the details (such as the date, start time, course, and distance) of, and amenities offered at, the Event at any time for any reason and I hereby waive and release any claims that I may have as a result of any such changes.

AUTHORIZATION: I grant to the Medical Director of the Event and the Medical Director’s designees permission to administer or arrange for any medical assistance that they deem necessary or appropriate as a result of my participation in the Event, including without limitation, arranging transportation to a hospital or other medical facility. I also grant them access to my medical records and physicians, as well as other information, relating to medical care that may be administered to me at any such medical facility as a result of my participation in the Event.

PUBLICITY RELEASE: I hereby grant to the Protected Parties the irrevocable and assignable right to depict in perpetuity, worldwide, and in any and all media now or hereafter known, my likeness, image, name, words, voice, and/or biographical information of me participating in the Event (collectively “Images”) in photographic works, motion pictures, video recordings and/or other works, and I agree that such Images may be used by the Protected Parties for any purpose without compensation.

GUARDIAN’S PERMISSION AND RELEASE FOR MINOR: If I am or will be applying for my child to participate in, or be a volunteer at, the Event, I represent and warrant that I am the parent or legal guardian of the child and, as such, consent to my child’s participation in the Event and I agree that the terms of this Waiver apply equally to my child and me and any claims I or my child may have in connection with the Event. I also waive any derivative claims that relate to or arise out of my child’s participation in the Event.

I understand and acknowledge that this Waiver is a full and complete agreement. No other documents or other information may be used to modify or alter the terms of this Waiver. This Waiver is a fully-integrated, final and complete statement by me in favor of the Protected Parties. I understand that this Waiver is intended to be as broad and inclusive as permitted by the laws of the Commonwealth of Pennsylvania, and I agree that if any portion is held invalid, the remainder of the waiver will continue in full legal force and effect. I further agree to venue and jurisdiction in the Commonwealth of Pennsylvania.

I HAVE READ THIS WAIVER AND RELEASE CAREFULLY. I FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT I HAVE GIVEN UP IMPORTANT RIGHTS BY SIGNING IT, AND I HAVE SIGNED IT KNOWINGLY, FREELY AND VOLUNTARILY WITHOUT ANY DURESS OR COERCION.

CONSENT FOR SMS/TEXT MESSAGING: By signing this Waiver and registering to participate in or volunteer at a Miles For Migraine Event, I consent to receive automated SMS/text message communications from and on behalf of the Protected Parties through my wireless provider to the mobile phone number I have provided, even if my mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology, and they may include updates, alerts, scheduling details, and other information related to the Event or other Miles for Migraine services. Certain messages may include information about additional Miles for Migraine events, services, and special offers.

I acknowledge that the frequency of text messages will vary, that messaging and data rates may apply, and that I am solely responsible for all charges and fees associated with text messaging that are imposed by my wireless provider. I further acknowledge that I may opt-out of receiving further text messages by texting the single keyword command “STOP” or by clicking the unsubscribe link (where available) in any text message I receive pursuant to this Waiver.

I represent that the mobile phone number I provide for text messages is my number and it is valid. I agree that I will opt-out of receiving any further text messages if I change my mobile number, and that I will need to sign up to receive text messages again with my new mobile phone number. To the extent permitted by applicable law, I agree: (1) to indemnify, defend, and hold the Protected Parties harmless from any third-party Claims and Losses arising from my provision of a phone number that is not my own; and (2) that the Protected Parties will not be liable for any failed, delayed, or misdirected delivery of any information sent through text messages pursuant to this Waiver, any errors in such communications, and/or any action that I may take in reliance on information provided through such communications.