Race Waiver and Agreement
RACE RELEASE WAIVER: In return for your accepting my entry, I, for myself, my heirs, and my personal representatives, waive and release any and all rights and claims I may have, now or in the future, against the Race Parties their affiliated companies and organizations, sponsors, and all of their officers, employees, representatives, volunteers, successors, and assigns, for any and all injuries, illnesses, loses, damages, or death in any way connected with my entry, traveling to and from, or participation in the Event. I assume all risks associated with travel to and from the event and participation, including but not limited to falls, contact with other participants and vehicles, effects of the weather, and course hazards. I am aware that participation is strenuous and may be hazardous. I am physically fit and sufficiently trained to complete the event, and I agree to abide by all rules and by any decision of a race official relative to my ability to safely complete the run. I authorize all above named parties to use any photos, video, or other record of this event, and any information contained in my application, for any purpose whatsoever without any consideration due to me. I have read and fully understand this entire application.
1. AUTHORTIY TO REGISTER AND/OR TO ACT AS AGENT. You represent and warrant to the Race Parties that you have full legal authority to complete this Event registration on behalf of yourself and/or any party you are registering (“The Registered Parties”), including full authority to make sure of the credit or debit card to which registration fees will be charged. If you are registering a child under the age of 13 or an incapacitated adult, you represent and warrant that you are the parent or legal guardian of that party and have the legal authority to enter into this Agreement on their behalf and agree that all sections of this Agreement and Waiver shall apply equally to all Registered Parties as if the Registered Party were completing this Event registration. For the avoidance of doubt, references to “you” or “your” apply to Registered Parties. If you are under the age of 18 or the age of majority in the jurisdiction in which you reside, you represent t and warrant that your parent of legal guardian on your behalf agrees to this Agreement and Waiver and consents to collection of your personal information which you provide of the purposes of registration.
2. WAIVER. YOU ARE VOLUNTARILY PARTICIPATING IN THE EVENT AND UNDERSTAND THAT PARTICIPATOIN IN THE EVENT IS POTENAILLY HAZARDOUS, AND THAT A REGISTERED PARTY SHOULD NOT PARTICIPATE UNLESS THE ARE MEDICALLY ABLE AND PROPERLY TRAINED. YOU UNDERSTAND THAT EVENTS MAY BE HELD OVER PUBLIC ROADS AND FACILITIES OPEN TO THE PUBLIC DURING THE EVENT AND UPON WHICH HAZRDS ARE TO BE EXPECTED. PARTICIPATION CARRIES WITH IT CERTAIN INHERENT RISKS THAT CANNOT BE ELIMINATED COMPLETELY RANGING FROM N=MINOR INJURIES TO CATASTROPIC IJUREIS INCLUDING DEATH. YOU UNDERSTAND AND AGREE THAT IN CONSIDERATION OF BEING PERMITTED TO PARTICPATE IN THE EVENT, YOU AND/OR ANY REGISTERED PARTY, THE HEIRS, PERSONAL REPRRESENTATIVES OR ASSIGN OF YOU AND /OR THE REIGSTERED PARTY DO HERBY RELEASE, Waive, discharge and covenenat not to sure the race parties for any and all liabuility from any and all claims arising from pareticipatin in the event by you or any regsiereed party. You agree to assum your own medical en the event of an accident of other injury resulting from or occurring due to your participatin int the event.
you fully understand you are forever giving up in advance any right to sue or make any claim against the race parties if you suffer such inuuries and damages even though you do not know what or how extensive those injureis and famages might be and are voluntarily assuming the risk of such inuuries and damage.
3. limitation of liability; disclaimer of warranties. the race parties shall not be liable for any direct, indirect, incidential, special or consequential damages (a) resulting from the event or your participation in the event; (b) for th ecost of procurement of substitute goods and services; (c) for any goods or services purchased or obrtained or transacitons entered into with or through the race parties; or (d) resulting from unauthorized access to or alteration of your transmissions or data, including but not limited to damages for loss of profits, use, data or other intangible, even if the race parties have bween advised of the possibility of such damages, you expressly agree that entering intot the efent is by your own free will and at your sole risk. you agree that you will not participate in the event unless you are healthy, medically able and properly trained. the race parties expressly disclaims all warranties of any kind, express of implied includoing without limitation any warranty of merchantability fitness for aparticular purpose or non-infringement.
4. indemnificaiton. You agree to indemnify and hold each of the Race Parties, harmless from and against all damages, costs, claims or demands, including reasonable attorney’s fees, made by you or any third party due to, arising from or relating to your participation in the Event.
5. SEVERABILITY. You further expressly agree that this Agreement and Waiver is intended to be as broad and inclusive as is permitted by the law of the State of Tennessee and that if nay provision of this Agreement and Waiver shall be found to be unlawful, void, of for any reason unenforceable, then that provision shall be deemed severable from this Agreement and Waiver and shall not affect the validity and enforceability of any remaining provisions.
6. INDIVIDUAL REGISTRANT. by indicating your acceptance of this agreement and waiver, you are affirming that you have read and understand this agreement and waiver and fully understand its terms. you understand that you are gfiving up substantial rights, including th eright to sue, you acknowledte that you are signing the agreement and waiver freely and voluntarily and intend by your acceptance to be coplete and undocnditional release of all liablity to the geratest exetne allowed by law.
7. multiple registrants. by indicating THE ACCEPTANCE of this afgremenet and waiver, all registrants in this transaciton are affirming they have read and understand this agreement and waiver and fully understant its terms. all registrants understand that they are givin gup substantial rights, including th eright to sue. all registrants acknowledge that they are dsigingin gth agreement and waiver freely and voluntarily and intend by their acceptance to be a omplete and unconditional release of all liability to the gerates extent allowed by law.
8. photo video release. By participating in the Event, you will be taking part in activities where photography, audio and video recording may occur. By registering for the Event, you consent to photography, audio recording, video recording and its/their release, publication, exhibition, or reproduction to be used for news, web casts, promotional purposes, telecasts, advertising, incision on websites, social media, or any other purpose by the Race Parties, their affiliates and representatives, and RunSignUp. You permit, authorize, grant, and license to Race Parties, their affiliates and representatives, the right to use your and name, image, likeness, appearance, and voice, and all materials created by or on behalf of the Race Parties that incorporate any of the foregoing (the “Materials”) in perpetuity throughout the world in any medium whatsoever without further consent from or royalty, payment, or to the compensation to you. IN the event that you are registering a minor, you represent t that you are the parent or legal guardian or the minor an permit, authorize, grant, and license to Race Parties the right to use the minors name, image, likeness, appearance, and voice in all Materials in perpetuity throughout the world in any medium whatsoever without further consent from or royalty, payment , or other compensation to you or the minor. Race Parties shall be exclusive owner of all rights in the Materials, including copyright, images, photos, and/or videos may be used to promote similar races of events in the future. You release the Race Parties including its officers and employees, Run SignUp including its officers and employees, and each and all persons involved from any liability connected with the taking, recording, digitizing, or publication and use of interviews, photographs, computer images, video, and/or sound recordings. By participating in the Event, you waive all rights you may have to any claims for payment or royalties in connection with any use, exhibition, streaming, web casting, televising, or other publication of these materials, regardless of the purpose or sponsoring of such use, exhibiting, broadcasting, webcasting, or other publication irrespective of whether a fee for admission of sponsorship is charged, You also waive any right to inspect or approve any photo, video, or audio recording taken by the Race Parties or the person or entity designated to do so by the Race Parties. You have been fully informed of your consent, waiver of liability, and release before participating in this Event.
