Elite Amenity 5K Walk/Run
Please read these Terms and Conditions (the “Terms”) carefully and in full before registering for, attending, or participating in the Elite Amenity 5K Walk/Run (the “Event”). The Event is organized and produced by Elite Amenity Management (the “Organizer,” “we,” “us,” or “our”). By registering for, entering, attending, or participating in the Event in any capacity — including as a walker, runner, spectator, volunteer, guest, vendor, or invitee — you (the “Participant”) acknowledge that you have read, understood, and agreed to be bound by these Terms in their entirety.
These terms contain a full release of liability, an assumption of risk, an indemnification, a limitation of liability, a binding arbitration provision, and a waiver of jury trial and class-action rights. If you do not agree, do not register for or attend the event.
Event Details
Date: Saturday, June 27, 2026
Time: 9:00 a.m. – 12:00 p.m.
Location: Fresh Meadows Park, Queens, New York
Start Line: The Unisphere
Beneficiary: Swim Strong Foundation
1. Charitable Purpose
The Event is a fundraising activity for the Swim Strong Foundation, a nonprofit organization. 100% of registration fees collected for the Event will be donated to the Swim Strong Foundation. Sponsorship, partnership, vendor, advertising, and similar payments collected by Elite Amenity Management in connection with the Event are NOT charitable contributions, are NOT donated to Swim Strong Foundation, and are retained by Elite Amenity Management to cover Event production costs and operations. Registration fees are not tax-deductible as charitable contributions to the extent the Participant receives goods or services in exchange (for example, a t-shirt, bib, medal, or race entry); Participants should consult their own tax advisor. No refunds will be issued on the basis that the recipient charity, the amount donated, or the use of donated funds does not match a Participant’s expectations.
2. Registration, Payment, and No-Refund Policy
All registrations are final. ALL FEES PAID IN CONNECTION WITH THE EVENT ARE NON-REFUNDABLE AND NON-TRANSFERABLE UNDER ANY CIRCUMSTANCES, including but not limited to: inclement weather (rain, heat, cold, wind, lightning, snow, or any other weather condition); the Participant’s inability to attend; injury or illness; scheduling conflicts; cancellation, postponement, modification, shortening, or relocation of the Event; failure to receive Event communications; loss of a bib; or any other reason whatsoever. By completing registration, the Participant expressly waives any right to a chargeback, dispute, or refund of fees paid.
3. Weather, Cancellation, and Force Majeure
The Event will take place rain or shine. The Organizer reserves the sole and absolute right to cancel, postpone, shorten, modify, relocate, or alter the course or format of the Event — in whole or in part — for any reason, including but not limited to severe weather, acts of God, natural disaster, fire, flood, earthquake, lightning, extreme heat or cold, hurricane, tornado, pandemic, epidemic, public-health order, government action, civil unrest, terrorism, war, strike, transportation failure, utility failure, venue unavailability, permit revocation, or any other circumstance beyond the Organizer’s reasonable control (each, a “Force Majeure Event”). In the event of any such cancellation, postponement, or modification, no refunds of any kind will be issued, and the Organizer shall have no further liability or obligation to the Participant.
4. Assumption of Risk — Broad and Unconditional
The Participant understands and acknowledges that participation in, attendance at, and travel to and from a walk/run event held in a public park is an inherently dangerous activity that involves significant risks of bodily injury, illness, permanent disability, emotional distress, property damage, and even DEATH. These risks include, but are NOT LIMITED TO:
(a) falls, trips, slips, sprains, fractures, and contact with pavement, gravel, grass, dirt, mud, ice, water, sand, leaves, debris, or any other surface; (b) collisions with other participants, spectators, volunteers, pedestrians, cyclists, scooters, strollers, skateboards, vehicles, bicycles, animals, or any fixed or moving object; (c) the effects of weather including high heat, humidity, cold, rain, wet pavement, lightning, hail, wind, sun exposure, sunburn, UV radiation, and poor visibility; (d) road, trail, path, sidewalk, and park-surface conditions, including potholes, cracks, uneven terrain, obstacles, holes, roots, rocks, construction, and any latent or patent defect; (e) cardiac events, heart attack, stroke, asthma attack, seizure, heat exhaustion, heat stroke, hypothermia, dehydration, hyponatremia, fainting, allergic reactions (including anaphylaxis), respiratory distress, and any other medical condition or emergency; (f) exposure to insects, ticks, bees, mosquitoes, allergens, pollen, plants, poison ivy, wildlife, rodents, dogs, and other animals; (g) equipment failure, including failure of timing devices, sound systems, barricades, signage, fencing, lighting, or restrooms; (h) the actions, inactions, or negligence of other participants, spectators, volunteers, vendors, contractors, sponsors, or any third party, including the Released Parties; (i) criminal acts of third parties, including theft, assault, battery, harassment, robbery, kidnapping, sexual misconduct, vandalism, and terrorism; (j) exposure to or transmission of communicable diseases, viruses, bacteria, fungi, or other pathogens (including but not limited to COVID-19, influenza, norovirus, and respiratory illnesses); (k) any pre-existing physical, mental, or medical condition of the Participant, whether known or unknown; (l) consumption of food, beverages, water, energy gels, or samples provided at, before, or after the Event by any party; (m) use of restrooms, portable toilets, changing areas, gear-check facilities, or any other facility at or near the Event; (n) participation in warm-ups, cool-downs, stretching, photographs, post-race celebrations, expos, packet pickup, awards ceremonies, after-parties, or any ancillary activity; (o) other users of the park (whether or not affiliated with the Event); and (p) any other risk, foreseen or unforeseen, known or unknown.
The Participant knowingly, freely, and voluntarily assumes ALL such risks and any other risks of any kind whatsoever — both known and unknown, foreseen and unforeseen — and assumes full and sole responsibility for participation in, attendance at, and any consequence arising from the Event.
5. Communicable Disease Acknowledgment
The Participant acknowledges that public events involve close contact with other people and that no environment can be guaranteed free of communicable disease. The Participant agrees not to attend the Event if, within the prior 14 days, the Participant has tested positive for, been diagnosed with, or experienced symptoms of a contagious illness. The Participant assumes all risk of exposure to and transmission of any communicable disease arising out of attendance at the Event and releases the Released Parties (defined below) from any and all related claims to the fullest extent permitted by law.
6. Acts of Third Parties, Criminal Conduct, and Other Park Users
Flushing Meadows Park is a public park, open to the general public. The Organizer does not control the park, the surrounding area, or the conduct of any person present. The Participant acknowledges and agrees that the Released Parties are NOT responsible or liable for any act, omission, negligence, or intentional wrongdoing of any third party — including but not limited to other participants, spectators, volunteers, vendors, sponsors, contractors, members of the general public, other park users, or criminals — whether the conduct occurs before, during, or after the Event, and whether on or off the Event premises. This includes, without limitation, any theft, assault, battery, robbery, kidnapping, sexual misconduct, harassment, stalking, vandalism, hate crime, or terrorist act. The Organizer makes no representation or warranty regarding security, police presence, or the safety of the park, parking areas, restrooms, or any surrounding area, and any security personnel present are not guarantors of safety.
7. Park Premises, Amenities, and Public Areas
The Participant uses all park premises, amenities, and surrounding areas at their own risk, including but not limited to: pathways, fields, courts, playgrounds, water features, fountains, ponds, lakes, bridges, restrooms, benches, parking lots, sidewalks, crosswalks, roadways, and any other area in or adjacent to Flushing Meadows Park. The Released Parties do not own, operate, maintain, inspect, or supervise the park or any amenity within it and are NOT responsible for the condition of the park, the safety of any amenity, the presence of hazards, or the acts of any other park user.
8. Pre-Event, Post-Event, and Ancillary Activities
The releases, waivers, indemnities, and assumptions of risk in these Terms apply to any and all activities related to the Event, whether occurring before, during, or after the Event itself, including but not limited to: packet pickup, registration check-in, expos and sponsor activations, warm-up and stretching, training runs, pre-race meetings, post-race celebrations, awards ceremonies, after-parties, photo opportunities, group photos, and any travel to or from any of the foregoing — wherever held. The Participant assumes all risk of attending any such ancillary activity.
9. Heat, Sun, Hydration, and Environmental Hazards
The Event is held outdoors in late June and may involve high temperatures, humidity, direct sunlight, and limited shade. The Participant assumes all risk of heat-related illness (including heat exhaustion and heat stroke), dehydration, hyponatremia, sunburn, UV exposure, and other environmental conditions, and is solely responsible for hydrating, applying sunscreen, wearing appropriate clothing, and monitoring their own physical condition. The Organizer does not guarantee the availability, sufficiency, quality, or safety of any water, hydration, shade, cooling, or first-aid resources.
10. Food, Beverages, Samples, and Allergens
Any food, beverage, gel, supplement, sample, or other consumable item offered at, before, or after the Event by the Organizer, a sponsor, a vendor, or any other party is consumed at the Participant’s own risk. The Released Parties make NO representation or warranty regarding ingredients, allergens, nutritional content, preparation, storage, or safety, and are not liable for any allergic reaction, food-borne illness, intolerance, or other adverse effect. Participants with allergies or dietary restrictions should not consume any item without independently verifying its contents.
11. Release, Waiver, and Indemnification
In consideration of being permitted to participate in or attend the Event, the Participant, on behalf of themselves and their spouse, heirs, executors, administrators, personal representatives, next of kin, and assigns, hereby IRREVOCABLY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE Elite Amenity Management, its parent companies, subsidiaries, affiliates, owners, members, managers, officers, directors, employees, agents, independent contractors, vendors, partners, sponsors, volunteers, race-timing companies, photographers, security personnel, medical providers, the Swim Strong Foundation, the City of New York, the New York City Department of Parks and Recreation, the property owners and venues at, in, or near which the Event is held (including Flushing Meadows Park), and all other municipal and governmental authorities hosting, permitting, or providing services in connection with the Event, and all of their respective successors and assigns (collectively, the “Released Parties”), from ANY AND ALL claims, demands, actions, causes of action, losses, damages, costs, and expenses (including attorneys’ fees), of any kind whatsoever, whether known or unknown, foreseen or unforeseen, arising out of or related in any way to the Participant’s registration for, travel to or from, presence at, attendance at, or participation in the Event, OR ARISING ANYWHERE ON OR NEAR THE EVENT PREMISES, FRESH MEADOWS PARK, OR ANY ANCILLARY VENUE, BEFORE, DURING, OR AFTER THE EVENT — INCLUDING ANY CLAIMS BASED ON THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES — to the fullest extent permitted by law.
The Participant further agrees to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Released Parties from any and all claims, liabilities, damages, costs, or expenses (including reasonable attorneys’ fees) brought by or on behalf of the Participant, the Participant’s family or estate, or any third party (including any minor child, guest, or invitee brought by the Participant) arising out of or related to the Participant’s or such third party’s presence at, conduct at, or participation in the Event.
12. Medical Fitness and Emergency Care
The Participant represents and warrants that they are in good physical and mental condition and have no medical condition (including but not limited to cardiac, respiratory, orthopedic, neurological, or pregnancy-related conditions) that would prevent safe participation in a 5K walk/run. The Participant agrees to consult a licensed physician before participating if they have any doubt about their fitness. The Participant authorizes the Organizer and Event personnel (including any first-aid volunteers, EMS, or third-party medical providers) to obtain or administer first aid and emergency medical care on the Participant’s behalf if, in the Organizer’s sole judgment, such care is necessary, and agrees to be solely responsible for any and all costs of such medical treatment, transport, or hospitalization. The Organizer makes no representation that professional medical personnel will be present at the Event, and the Released Parties shall have no liability for any decision to provide, withhold, or delay medical care, or for any act or omission of any first-aid or medical provider.
13. Children, Minors, and Parental Responsibility
Participants may bring children to the Event at their own discretion and at their sole risk. Children attending the Event must be supervised at all times by a parent or legal guardian, who is solely and fully responsible for the child’s safety, conduct, and well-being. The Organizer does NOT supervise, monitor, or assume any responsibility for any child.
Participants must be at least 12 years old to register for and participate in the walk/run. Children aged 12 and older who wish to receive a finisher medal, hat, bib, and other Participant amenities must register; minors aged 12 to 17 may register only if a parent or legal guardian completes the registration and waiver on the minor’s behalf. CHILDREN UNDER THE AGE OF 12 ARE NOT PERMITTED TO REGISTER FOR, ENTER, OR OFFICIALLY PARTICIPATE IN THE WALK/RUN.
Children who do not wish to register — including children aged 12 and older who choose not to participate officially, and all children under the age of 12 — are welcome to attend the Event and walk alongside their parent or legal guardian as unofficial participants, at the sole risk and discretion of the parent or guardian. Unregistered children will not be timed, will not be issued a bib, finisher medal, hat, or any other Participant amenity, and will not be considered official Participants. The parent or legal guardian remains fully and solely responsible for the child’s safety, conduct, and well-being at all times. The Organizer assumes no responsibility for any child on or near the course, on park premises, or in any surrounding area.
By registering a minor or bringing a minor to the Event, the parent or legal guardian agrees, on behalf of themselves and the minor, to all of the releases, waivers, indemnities, and assumptions of risk set forth in these Terms, and represents that they have full legal authority to bind the minor to these Terms.
14. Spectators, Guests, and Accompanying Persons
Any spectator, guest, friend, family member, or other person accompanying or invited by a Participant (collectively, “Guests”) attends the Event at their own risk and is bound by these Terms. The Participant is responsible for ensuring that any Guest they bring is aware of and complies with these Terms and all Event rules. The Participant agrees to indemnify and hold harmless the Released Parties from any claim brought by or on behalf of any Guest the Participant brings to the Event.
15. Vendors, Volunteers, and Independent Contractors
Many services associated with the Event — including race timing, photography, first aid, security, food and beverage, restrooms, sound, stage, vendor booths, and volunteer support — are provided by independent contractors, vendors, or volunteers who are not employees, agents, or representatives of the Organizer. The Released Parties are NOT liable for the acts, omissions, negligence, or misconduct of any vendor, contractor, volunteer, sponsor, or other third party, and the Participant releases the Released Parties from any claim arising from the same.
16. Photo, Video, and Media Release
The Participant grants the Organizer, the Swim Strong Foundation, and their respective designees, sponsors, licensees, and assigns the irrevocable, perpetual, royalty-free, worldwide right and license to photograph, film, record, and otherwise capture the Participant’s name, likeness, image, voice, and performance at the Event, and to use, reproduce, edit, distribute, publish, and display the same in any and all media now known or hereafter devised — including websites, social media, marketing materials, press releases, and promotional content — for any lawful purpose, without further notice, approval, attribution, or compensation. The Participant further releases the Released Parties from any claim related to photographs, videos, or other media captured by other participants, spectators, vendors, or members of the public at the Event.
17. Personal Property
The Participant is solely responsible for their personal belongings at all times. The Released Parties are NOT responsible or liable for any lost, stolen, damaged, or misplaced property — including but not limited to clothing, electronics, phones, watches, fitness trackers, jewelry, keys, wallets, vehicles, or items left in any baggage check, gear area, or vehicle. Any baggage or gear-check service provided is offered as a courtesy only and at the Participant’s sole risk. The Organizer has no obligation to return, store, or safeguard lost-and-found items.
18. Participant Conduct and Event Rules
The Participant agrees to follow all Event rules, course markings, signage, and instructions given by Event staff, volunteers, law enforcement, park personnel, and medical personnel. The Organizer reserves the right, in its sole discretion, to refuse entry, remove, or disqualify any person who is disruptive, intoxicated, under the influence of drugs, unsafe, abusive, threatening, or in violation of these Terms or applicable law, without refund. Bibs and timing chips are non-transferable; any unauthorized transfer, sale, copying, or alteration of a bib voids the registration.
Prohibited items and activities include, without limitation: glass containers; weapons of any kind; illegal drugs; outside alcohol; bicycles, scooters, skateboards, rollerblades, or motorized vehicles on the course (other than approved mobility devices); unauthorized vendors or solicitations; drones or unmanned aircraft; open flames; and any conduct that violates the rules of the New York City Department of Parks and Recreation or any applicable law or permit condition.
19. Park, Permit, and Local Law Compliance
The Event is held on public parkland and is subject to all rules, regulations, and permit conditions of the New York City Department of Parks and Recreation, the City of New York, and any other governmental authority. The Participant agrees to comply with all such rules and with all applicable federal, state, and local laws while attending the Event.
20. Strollers, Mobility Devices, Headphones, and Pets
Strollers, wheelchairs, and other mobility devices are permitted on the course subject to safety rules and the Organizer’s discretion; persons using them do so at their own risk and must yield to other participants and follow all directions from Event staff. The use of headphones or earbuds is discouraged, and the Participant assumes all risk of doing so, including reduced ability to hear warnings, instructions, or emergency vehicles. Pets are not permitted on the course; service animals are accommodated as required by law.
21. Course Conditions, Aid Stations, Awards, and No Guarantees
The Event course is provided “as is.” The Organizer makes NO representation or warranty regarding course measurement, certification, accuracy of distance, course markings, road or path closures, traffic control, timing, signage, lighting, hydration, restrooms, aid stations, security, or any amenity. Race results, finish times, age-group placements, and awards are unofficial unless and until verified by the Organizer in its sole discretion, and the Organizer reserves the right to correct, withhold, or revoke any result, prize, or award. The Organizer reserves the right to modify the course, start/finish lines, amenities, or any element of the Event at any time, without notice, and without any obligation to refund.
22. Travel, Parking, and Transportation
The Participant is solely responsible for their own travel to and from the Event, including transportation, parking, traffic, tolls, and any related risks or expenses. The Released Parties are not responsible for traffic conditions, parking availability, accidents, theft, vandalism, towing, or any incident occurring before, during, or after the Event in any parking area, roadway, or transportation route.
23. Insurance
The Participant acknowledges that the Organizer does not provide medical, accident, disability, life, property, or any other insurance for the Participant, their Guests, or their property. The Participant is solely responsible for maintaining adequate insurance coverage for participation in the Event.
24. Right to Refuse Entry
The Organizer reserves the right, in its sole and absolute discretion, to refuse or revoke registration, deny entry to, or remove any person from the Event for any reason or for no reason, without refund and without liability.
25. Communications and Data Privacy
By registering, the Participant consents to receive Event-related communications from the Organizer and its service providers via email, text message, and other channels using the contact information provided. The Participant may opt out of non-essential communications by following the unsubscribe instructions in those messages. The Participant acknowledges that registration data, including name, age, gender, contact information, and emergency contact, may be shared with Event vendors (such as timing companies, photographers, and the Swim Strong Foundation) to operate the Event. The Released Parties are not liable for any unauthorized access to, loss, or misuse of Participant data caused by third parties or by circumstances beyond their reasonable control.
26. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall the released parties be liable to the participant for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to the event or these terms, even if advised of the possibility of such damages. The total aggregate liability of the released parties to the participant for all claims arising out of or related to the event shall not exceed the amount of the registration fee actually paid by the participant for the event.
27. Dispute Resolution, Arbitration, and Class-Action Waiver
Any dispute, claim, or controversy arising out of or relating to these Terms or the Event shall first be addressed by good-faith written notice to the Organizer and a 30-day informal resolution period. If not resolved, any remaining dispute shall be resolved exclusively by binding individual arbitration administered by a recognized arbitration provider in the City of New York, under its then-current rules. The Participant and the Organizer each waive the right to a jury trial and the right to participate in any class action, collective action, or representative proceeding. This provision does not prevent either party from seeking injunctive or equitable relief in court for intellectual property or confidentiality matters.
28. Governing Law, Severability, Survival, and Entire Agreement
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict-of-laws principles. The exclusive venue for any action not subject to arbitration shall be the state or federal courts located in Queens County, New York. If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect, and the unenforceable provision shall be modified only to the extent necessary to make it enforceable while preserving its original intent. The releases, waivers, indemnities, and limitations of liability in these Terms shall survive the conclusion of the Event indefinitely. These Terms, together with the registration form and any waiver signed at packet pickup, constitute the entire agreement between the Participant and the Organizer with respect to the Event and supersede all prior or contemporaneous communications, whether oral or written. Electronic acceptance of these Terms (including by checkbox at registration) has the same legal effect as a handwritten signature.
29. Modifications, Assignment, and Waiver
The Organizer reserves the right to modify, update, or supplement these Terms at any time, in its sole discretion. The version of these Terms posted at eliteamenity5k.com on the date of the Event shall govern. Continued registration for or attendance at the Event after any modification constitutes acceptance of the modified Terms. The Participant may not assign or transfer their registration, bib, or any rights under these Terms to any other person without the Organizer’s prior written consent. The Organizer’s failure to enforce any provision of these Terms shall not constitute a waiver of that provision or of the Organizer’s right to enforce it in the future. There are no third-party beneficiaries to these Terms other than the Released Parties, who are intended beneficiaries of the releases, waivers, indemnities, and limitations of liability set forth herein.
30. Acknowledgment
By registering for or participating in the event, the participant acknowledges that they have read these terms in their entirety, understand that they include a full release of liability, an assumption of risk, and a waiver of legal rights (including the right to a jury trial and to participate in a class action), and agree to be bound by them freely and voluntarily.
31. Contact
Questions about these Terms or the Event should be directed to Elite Amenity Management at the email address or phone number listed on eliteamenity5k.com.
