Please read any waiver carefully. It includes a release of liability and waiver of legal rights and deprives you of the ability to sue certain parties. Do not agree to this document unless you have read and understood it in its entirety. By agreeing electronically, you acknowledge that you have both read and understood the text presented to you as part of the registration process. You also understand and agree that events carry certain inherent dangers and risks which may or may not be readily foreseeable, including without limitation personal injury, property damage or death. Your ability to participate in the event(s) is/are subject to your agreement to the waiver and by agreeing herein, you accept and agree to the terms of the waiver and release agreement.
By indicating my acceptance, I understand, agree, warrant and covenant as follows:
Knowingly and at my own risk, I hereby waive and release any and all claims for damages, including negligence claims, that I may incur as a result of my participation in the event against USATF, Grandma's Marathon-Duluth, Inc., Grandma's Inc., State of Minnesota, City of Duluth, St. Louis County, Lake County, Town of Duluth, 477th Medical Company, DECC, Voyageur Bus Company, all sponsors or any employee, volunteer, official or elected official of these organizations for said injuries.
I understand that the entry fees for Grandma's Marathon, the Garry Bjorklund Half Marathon, William A. Irvin 5K, Full Great Grandma's Challenge, Half Great Grandma's Challenge and 2-year Garry Bjorklund Half Marathon Guaranteed Entry are non-refundable for any reason and that unauthorized transferring of race numbers is prohibited. I will not transfer, give, sell or exchange my entry or bib to anyone without doing so through the tools provided via the online registration form and I understand that violating this policy may result in a ban from future Grandma’s Marathon-Duluth, Inc. events. I further hereby certify that I have full knowledge of the risks involved with the event, and I am physically fit and sufficiently trained to participate. However, if as a result of my participation in Grandma's Marathon, the Garry Bjorklund Half Marathon, William A. Irvin 5K, Full Great Grandma's Challenge, and Half Great Grandma's Challenge I require medical attention, I hereby give my consent to authorized medical personnel of Grandma's Marathon to provide such medical care as is deemed necessary by such authorized personnel. I understand that events are held over public roads and facilities open to the public upon which hazards are to be expected. Participation carries with it certain inherent risks that cannot be eliminated completely, ranging from minor injuries to catastrophic injuries including death. I agree to abide by any decision of an appointed medical official relative to my ability to safely continue or complete the event. I further assume and will pay my own medical & emergency expenses in the event of an accident, illness, or other incapacity regardless of whether I have authorized such expense. I hereby authorize the disclosure of medically related information concerning my health, injuries, incapacity or medical emergency that may occur in the course of participating in this event and to allow that information to be provided to a family member, friend, or event official of Grandma’s Marathon. I further understand that due to the time of year that this event is held there is the possibility of extreme heat, cold and possibility of lightning during the running of Grandma's Marathon, the Garry Bjorklund Half Marathon, William A. Irvin 5K, Full Great Grandma's Challenge, and Half Great Grandma's Challenge and I do assume all weather related risks with my participation in this event.
If you are registering third parties, you represent and warrant that you have been duly authorized to act as agent on behalf of such parties in performing this event registration. By proceeding with this event registration, you agree that the terms of this Registration Agreement shall apply equally to you and to any third parties for whom you are acting as agent. You represent and warrant that, in compliance with COPPA, you are over thirteen (13) years of age, and that if you are registering a child under fourteen (14) years of age you are the parent or guardian of such child, and do hereby consent to the collection of such child's personal information by Race Roster.
I hereby grant full permission to Grandma's Marathon-Duluth, Inc. and/or agents authorized by them, to use any photographs, videotapes, motion pictures, recordings or any other record of this event for any legitimate purpose at any time without compensation. I am aware that this event utilizes the BibTag scoring and timing technology and that my BibTag must be worn properly to receive an official time. I agree that my use of an MP3 player, iPod, cell phone, or other electronic device while on the course will be done so in a reasonable manner using common sense.
I also understand the event may be cancelled due to any of the following reasons, among others, including weather conditions, natural disasters, or threats to local and/or national security including suspected terrorist activity. I have read this waiver carefully & understand it.
RACE ROSTER REGISTRATION AGREEMENT AND LIABILITY WAIVER (the "Agreement and Waiver")
1. Authority to Register and/or to Act as Agent. You represent and warrant to RaceRoster.com, a subsidiary of Fast North Corp. ("RaceRoster") 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 use of the credit or debit card to which registration fees will be charged. As used in this Agreement and Waiver, RaceRoster refers to Fast North Corp. and any and all subsidiaries, affiliated entities, or entities that control or are controlled by RaceRoster singly or together and its officers, employees, contractors, subcontractors and agents.
If you are registering a child under the age of 18 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 by proceeding with this event registration, you agree that the terms of this Agreement and Waiver shall apply equally to all Registered Parties. By registering a child under 13, you agree and consent to the collection of that child's information which you provide for the purposes of registration.
YOU UNDERSTAND THAT PARTICIPATION IN THE EVENT IS POTENTIALLY HAZARDOUS, AND THAT A REGISTERED PARTY SHOULD NOT PARTICIPATE UNLESS THEY 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 HAZARDS ARE TO BE EXPECTED. PARTICIPATION CARRIES WITH IT CERTAIN INHERENT RISKS THAT CANNOT BE ELIMINATED COMPLETELY RANGING FROM MINOR INJURIES TO CATASTROPHIC INJURIES INCLUDING DEATH. YOU UNDERSTAND AND AGREE THAT IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE EVENT, YOU AND ANY REGISTERED PARTY, THE HEIRS, PERSONAL REPRESENTATIVES OR ASSIGNS OF YOU OR THE REGISTERED PARTY DO HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE RACE ROSTER FOR ANY AND ALL LIABILITY FROM ANY AND ALL CLAIMS ARISING FROM PARTICIPATION IN THE EVENT BY YOU OR ANY REGISTERED PARTY.
3. Limitation of Liability; Disclaimer of Warranties.
RACE ROSTER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE RACE ROSTER OR (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR (C) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH RACE ROSTER 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 RACE ROSTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF RACE ROSTER IS AT YOUR SOLE RISK. RACE ROSTER IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RACE ROSTER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Race Roster makes no warranty that the Race Roster sites' services will be uninterrupted, secure or error free. Race Roster does not guarantee the accuracy or completeness of any information in, or provided in connection with, the Race Roster sites. Race Roster is not responsible for any errors or omissions, or for the results obtained from the use of such information. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Race Roster sites is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data.
4. Indemnification. You agree to indemnify and hold each of Race Roster harmless from and against any and all damages, costs, claims or demands, including reasonable attorneys' fees, made by any third party due to or arising from or relating to your use of Race Roster or the violation of any term of this Agreement and Waiver as well as the Terms of Service located at: https://raceroster.com/terms-and-conditions/ by you.
6. 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 Province of Ontario and that if any provision of this Agreement and Waiver shall be found to be unlawful, void, or 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.
Refund Policy. I acknowledge that my entry fee is non-refundable, including if the race is cancelled.
By Indicating my acceptance of this waiver, I am affirming that I have read and understand this waiver and fully understand its terms. I understand that I am giving up substantial rights, including the right to sue. I acknowledge that I am electronically signing the waiver freely and voluntarily, and intend by my acceptance to be a complete and unconditional release of all liability to the greatest extent allowed by law.
(*) If less than 18 years of age, parent/guardian of participating minor must submit entry on the minor’s behalf. As the parent/guardian I hereby acknowledge and execute the foregoing waiver release for and on behalf of the minor named herein. In submitting this form I hereby authorize medical treatment for any injuries sustained during this event. It is understood that parent/guardian assumes full risk for and on behalf of said minor.
IMPORTANT: By checking the box as a participant or parent/guardian of a participant under 18 years of age and submitting this form, I hereby signify that I have read and agree to the terms of the above waiver.