Waivers

(Originally published in the Jan. 20 to 26, 2013 issue of the Baguio Chronicle ---

a weekly newspaper based in Baguio City, Philippines ---

by Sly L. Quintos, Associate Editor.)

A WAIVER is a standard practice in sporting activities such as marathons --- whether competitive or recreational (often disguised as a ‘fun run’) and even for as a short a distance as 3 kilometers. It is a voluntary relinquishment or surrender of some known right or privilege.

A typical waiver frees the event owners, organizers and promoters, the race directors, sponsors, advertisers, host municipalities, including those providing support for the event, and each of their respective parent, subsidiary and affiliated companies and their officers, directors, partners, shareholders, from any and all legal liabilities and entanglements which may arise out of, result from, or relate to my participation in the event.

Waivers are premised on the presumption that the participants are in good health and in proper physical condition to participate in the event. Through the waiver, a participant declares that he or she is solely responsible in determining whether he or she is sufficiently fit and healthy enough to participate in the event. 

A waiver also attests to the participant’s having full understanding of the physical and mental rigors associated with event  and and realize that running and other portions of such event is inherently dangerous and represent an extreme test of a person’s physical and mental limits. 

Through the waiver, a participant also attests that he or she is not under the infl¬uence of alcohol or illicit drugs before and during the sporting activity and of which would in any way impair his or her ability to safely participate in the event.

In effect, a waiver holds the participant as having full understanding that participation involves risks and dangers which include, without limitation, the potential for serious bodily injury, sickness and disease, permanent disability, paralysis and loss of life; loss of or damage to equipment/property; exposure to extreme conditions and circumstances; accidents, contact or collision with other participants, spectators, vehicles or other natural or manmade objects; arising from adverse weather conditions; imperfect course conditions; water, road and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the event organizers; and other undefined risks and dangers which may not be readily foreseeable or are presently unknown and that these risks may be caused in whole or in part by the participant’s own actions or inactions, the actions or inactions of the other participants or the acts, inaction or negligence of the released parties. 

In short, participant assumes all risks and responsibility for any damages, liabilities, losses or expenses which he or she incurs as a result of my participation in the event.

Waivers are designed to protect event organizers and sponsors to protect themselves and their business from the risks of financial loss brought about by lawsuits or claims by parties injured while participating in sporting activities.

The moral of the story: Run at your own risk.*