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Umpqua Strong Run Participant Waiver of Liability Form
By indicating your acceptance, you understand, agree, warrant and covenant as follows and hereby enter into this Umpqua Strong Run Release and Waiver Agreement (this “Agreement”):
1. ACKNOWLEDGEMENT OF RISK: I, ON MY BEHALF, AND/OR ON BEHALF OF THE MINOR CHILDREN IDENTIFIED BELOW (THE “MINOR(S)”), ACKNOWLEDGE THAT I AM AWARE OF THE INHERENT RISKS IN PARTICIPAITING IN AN ATHLETIC EVENT OF THIS TYPE (THE “UMPQUA STRONG RUN”) AND THAT BY PARTICIPATING IN THE UMPQUA STRONG RUN, I, AND/OR THE MINOR(S), COULD POSSIBLY BE EXPOSED TO DANGEROUS OR HAZARDOUS EVENTS (INCLUDING, BUT NOT LIMITED TO, POTENTIAL INJURIES FROM FALLING OR TRIPPING, BEING PUSHED BY ANOTHER PARTICIPANT, SPECTATOR, AND/OR OPERATOR OF THE UMPQUA STRONG RUN) OR I, AND/OR THE MINOR(S) POSSIBLY COULD SUFFER PROPERTY DAMAGE. I ATTEST AND VERIFY THAT I AM PHYISCALLY FIT AND HAVE SUFFICIENTLY TRAINED FOR COMPETITION IN THE UMPQUA STRONG RUNAND THAT A LICENSED MEDICAL DOCTOR HAS VERIFIED MY PHYSICAL CONDITION. I UNDERSTAND THAT IN ADDITION TO THE ABOVE-MENTIONED RISKS, THERE ARE UNPREDICTABLE DANGERS IN THE UMPQUA STRONG RUN. I, AND/OR THE MINORS, ARE VOLUNTARILY PARTICIPATING IN THE UMPQUA STRONG RUN WITH KNOWLEDGE OF THE POSSIBLE DANGERS INVOLVED AND I HEREBY AGREE TO ASSUME ANY AND ALL RISKS OF INJURY TO ME AND/OR THE MINOR(S) AND RISKS OF PROPERTY DAMAGE AND I AGREE TO ASSUME MY OWN AND/OR MY MINOR(S)’ MEDICAL EXPENSES OF EVERY KIND IN THE EVENT OF INJURY TO THE MAXIMUM EXTENT PERMITTED BY LAW IN ANY APPLICABLE JURISDICTION. I CERTIFY THAT THE MINOR(S) HAVE MY PERMISSION TO COMPETE IN THE UMPQUA STRONG RUN, IS/ARE IN GOOD PHYSICAL CONDITION AND THAT THE RACE OFFICIALS HAVE MY PERMISSION TO AUTHORIZE EMERGENCY TREATMENT IF NECESSARY.
2. WAIVER AND RELEASE. As consideration for being permitted by Umpqua Strong organizers (“Race Organizer”), and the City of Roseburg and Douglas County to participate in the UMPQUA STRONG RUN, I hereby agree that neither I nor the Minor(s) or any of our respective assignees, heirs, distributees, guardians, or legal representatives will make a claim against, sue, or attach the property of Stadium Race Organizers, Soul Focus, LLC, the sponsors of the UMPQUA STRONG RUN or any of the respective partners, members, affiliates, directors, officers, representatives, employees, contractors or agents of the Race Organizers, Soul Focus, LLC, Umpqua Community College or such sponsors or any of the NFL Entities (defined below) (collectively, the “Releasees”) for any liability, injury, loss or damage connected in any way with the UMPQUA STRONG RUN. I hereby release and hold harmless each of the Releasees from all actions, claims, or demands that I or the Minor(s) or any of our respective assignees, heirs, distributees, guardians, or legal representatives now have or may hereafter have for any liability, injury, loss or damage resulting from participation in the UMPQUA STRONG RUN.
3. INDEMNIFICATION. In and for consideration of being permitted to participate in the UMPQUA STRONG RUN, I agree to indemnify and hold harmless the Releasees, and each of them, from any and all losses, liabilities, claims, demands, damages or judgments resulting from my and the Minor(s)’ participation in the UMPQUA STRONG RUN or my violation of any term of this Agreement
5. LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NONE OF THE RELEASEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE PARTICIPATION OR THE INABILITY TO PARTICIPATE IN THE UMPQUA STRONG RUNOR (B) 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 INTANGIBLES, EVEN THOUGH I HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. I EXPRESSLY AGREE THAT REGISTRATION ON THIS SITE FOR THE UMPQUA STRONG RUNAND/OR PARTICIPATION IN THE UMPQUA STRONG RUNBY ME AND/OR THE MINOR(S) IS AT MY AND OUR SOLE RISK. RELEASEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
The Releasees make no warranty that the UMPQUA STRONG RUNsite’s services will be uninterrupted, secure or error free. The Releasees do not guarantee the accuracy or completeness of any information in, or provided in connection with, the UMPQUA STRONG RUNsite. The Releasees are not responsible for any errors or omissions, or for the results obtained from the use of such information. I understand and agree that any material and/or data downloaded or otherwise obtained through the use of the UMPQUA STRONG RUNsite is at my own discretion and risk and that I will be solely responsible for any damage to my computer system or loss of data that results from the download of such material and/or data.
6. PUBLICITY. I authorize Race Organizers and/or any of its affiliates to photograph, video tape or use any other mechanical means of recording or reproducing images and to use my likeness and, if applicable, the likeness of the Minor(s). I also acknowledge and hereby grant to Race Organizers and/or any of its affiliates the worldwide and perpetual right and authority to use, reproduce, distribute, broadcast or otherwise transmit, publish and display in whole or in part, my name, photograph, or any other likeness and/or biographical information I may provide and, if applicable, the Minor(s) name, photograph or other likeness or other biographical information provided, and any statement I have made or may make concerning the UMPQUA STRONG RUN in any and all media now known or hereafter invented, in perpetuity, for the purpose of trade, promotion and/or otherwise without notification, compensation or additional consideration, except where prohibited by law.
7. ENTRY FEE AND TICKETS (IF PURCHASED) NON-REFUNDABLE. I understand that my entry fee is nonrefundable. I understand that all tickets purchased during the registration for the UMPQUA STRONG RUNare subject to the terms of National Football League tickets generally and that the terms and conditions of any tickets purchased hereunder will govern in the event a legal game, event or exhibition, is not played due to weather, an act of God, an act of terrorism, civil disturbance or any other reason. I agree to comply with all applicable stadium and other regulations in connection with such tickets and understand that all ticket sales are final.
9. SEVERABILITY. I further expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by the law of the State of Oregon and that if any provision of this Agreement shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
10. CONTRACT. I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A BINDING CONTRACT BETWEEN STADIUM MANAGER, ON BEHALF OF THE RELEASEES, AND ME AND SIGN IT OF MY OWN FREE WILL. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. I ACKNOWLEDGE THAT I AM SIGNING THIS AGREEMENT FREELY AND VOLUNTARILY, AND INTEND BY MY ACCEPTANCE TO PROVIDE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW
ALL PARTICIPANTS IN THE UMPQUA STRONG RUNARE REQUIRED TO ASSUME ALL RISK OF PARTICIPATION BY ACCEPTING THIS GENERAL RELEASE AGREEMENT.
I know that running and the other obstacles/stations included in the course are potentially hazardous activities. I should not enter and run the race unless I am medically able and properly trained and willing to accept all risks associated the hazardous activities. I agree to abide by any decision of a race official relative to my ability to safely complete the run. I assume all risk associated with running including, but not limited to, falls, contact with other participants and operators, the effects of the road and traffic on course, all such risks being known and appreciated by me in said event and any pre-and post activities. Having read this waiver and knowing these facts, I for myself and anyone entitled to act on my behalf, waive and release the Releasees, all sponsors, their directors, officers, employees, agents, representatives and successors from all claims or liabilities of any kind or nature whatsoever arising out of my voluntary participation in this UMPQUA STRONG RUN, even though that liability may arise out of gross negligence or carelessness on the part of the persons named in this waiver. I grant to UMPQUA STRONG RUN and its sponsors, licensees the exclusive right to the free use of my name, my voice, and/or my picture in any broadcast, telecast, advertising, promotion or other account of this event. I agree to abide by all rules and guidelines of Road Race and not cover, alter or reproduce my running number in any way on pain of my disqualification from this and future events. I acknowledge that my entry fee is non-refundable, including if the race is cancelled. I agree I will not chargeback or dispute the credit card transaction.
Authority to Register and/or to Act as Agent. You represent and warrant to the Releasees, Race Roster, Inc. that you have full legal authority to complete this event registration on Race Roster Ecommerce Services, including full authority to make use of the credit or debit card to which registration fees will be charged. In addition, 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 Agreement shall apply equally to you and to any third parties for whom you are acting as agent. You represent and warrant that 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 of such child, and do hereby consent to the collection of such child's personal information by Race Roster.
I, for myself, and on behalf of my spouse, children, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement (the “Agreement”);
I hereby represent that (i) I am at least eighteen (18) years of age or older; (ii) I am in good health and in proper physical condition to participate in the Event; and (iii) I am not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in the Event. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Event, that I am responsible for my own safety and well being at all times and under all circumstances while at the Event site.
I understand and acknowledge that participation in track & field, road running, race walking, cross country, mountain, ultra, and trail running Events is inherently dangerous and represents an extreme test of a person’s physical and mental limits. I understand and acknowledge the risks and dangers associated with participation in the Event and sport of track & field and related activities, including 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; contact with other participants, spectators, animals or other natural or manmade objects; dangers arising from adverse weather conditions; imperfect course or track conditions; land, water 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, not readily foreseeable and presently unknown risks and dangers (“Risks”). I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others participating in the Event, or the negligent acts or omissions of the Released Parties defined below, and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I incur as a result of my participation in any Event.
I agree to be familiar with and to abide by the Rules and Regulations established for the Event, including but not limited to the Competitive Rules adopted by USA Track & Field and any safety regulations established for the benefit of all participants. I accept sole responsibility for my own conduct and actions while participating in the Event, and the condition and adequacy of my equipment.
I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: USA Track & Field, Inc., its members, member clubs, associations, sport disciplines and divisions; United States Olympic Committee (USOC); the Event Directors, Organizers and Promoters, Sponsors, Advertisers, Coaches and Officials; the Host Organization and the Facility, Venue and Property Owners or Operators upon which the Event takes place; Law Enforcement Agencies and other Public Entities providing support for the Event; and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers (Individually and Collectively, the “Released Parties” or “Event Organizers”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and reasonable attorneys fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate in any way to my participation in the Event, including claims for Liability caused in whole or in part by the negligent acts or omissions of the Released Parties. I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liabilities which any may be incurred as the result of such claim.
I hereby warrant that I am of legal age and competent to enter into this Agreement, that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it (including the rights of my spouse, children, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have signed this Agreement without any inducement, assurance or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement 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.