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Terms of Service
RELEASE AND WAIVER OF LIABILITY
I would like to participate in the 2019 Irving Marathon Event (collectively, the “Event”) to be held at Irving Music Factory, Irving, Texas (“Event Premises”) on April 27, 2019 produced by Irving Marathon Group, LLC. (“Irving Marathon”).
By indicating your acceptance, you understand, agree, warrant and covenant as follows:
With respect to Irving Marathon event to be held at the Toyota Music Factory on April 27th and produced by Irving Marathon Group, LLC,
I understand, appreciate, freely accept and voluntarily assume full and complete responsibility for, and the risks of, any personal injury, accident or property damage that may result from, occur during or arise out of my participation in the Event or while I am on the Event Premises . this potentially hazardous activity. I am aware that as a participant I could suffer serious injuries from running the course in conditions of extreme heat and humidity, which may present an added risk to serious injury or even death during this Event, in addition to the injuries that may occur due to the physical requirements for completion of the course. I am also aware that during my participation in the Event, I will be using public facilities, parks and streets where many hazards exist, and I am aware of and appreciate the risks that may result. My participation is voluntary with knowledge of all such risks .
I attest and verify that I am physically fit and have sufficiently trained for the completion of this Event and a licensed medical doctor has verified my physical condition granting me clearance to participate. In the Event of injury, accident or illness during my participation in the Event, I hereby consent to receive and authorize Event organizers, officials, volunteers, participants and spectators to use their discretion to administer and provide first aid, medical care and/or the provision of emergency medical treatment in the Event of injury or illness while participating in the event.
If I am a volunteer, employee or official of the Event, I understand that the Event consists of a variety of activities in preparation for and carrying out the Event, which may include working in extreme heat and in public facilities, parks and streets where many hazards exist and may involve lifting objects up to fifty (50) pounds or heavier. I understand, appreciate, freely accept and voluntarily assume full and complete responsibility for, and the risks of, any personal injury, accident or property damage that may result from, occur during or arise out of my participation as a volunteer, employee or official of the Event or while I am on the Event Premises .
In consideration for being permitted to participate in the Event , I hereby, for myself, my heirs, executors and administrators, release, discharge, agree to assume all risks and to release, hold harmless and covenant not to sue the following: Irving Marathon Group, LLC, the City of Irving, Baylor, Baylor Sportscare, Irving Healthcare Foundation, their employees, volunteers, consultants and any and all sponsors, corporate sponsors, cooperating organizations of the Event and all other government or public entities and affiliated organizations and all of the above-listed entities’ respective employees, volunteers, consultants, directors, officers, agents and members (collectively, the “Releasees”) from for any and all claims, damages, rights of action, present or future, whether the same be known, anticipated or unanticipated, resulting from or arising out of, or in incident to, my preparation for and participation in this Event, including but not limited to, personal injury, death or property damage suffered by me or others, whether such losses, liabilities or claims are caused by conditions of the Event Premises, negligence or carelessness of the Releasees, risks not known to me or not reasonable foreseeable at this time, or otherwise. .
Further, I hereby grant full permission to Irving Marathon and its successors and assigns, sponsors, licensees, affiliates and employees (collectively, the “Grantees”) the irrevocable, perpetual and worldwide right to use, reuse, reproduce, publish, or republish any photographs, motion pictures, recordings, or any other record of my participation in this Event, in any medium now known or hereafter developed, alone or in conjunction with other material, without restriction as to changes or alterations, as well as to use my name, voice, likeness, and/or other indication of identity, for editorial, educational, promotional, advertising, and commercial purposes, including without limitation in connection with the solicitation of contributions and the furtherance of the corporate objectives of Irving Marathon as well as the irrevocable, perpetual and worldwide right to assign the above rights to third parties. I understand that I will receive no compensation in connection with the use of my image and agree, on behalf of myself, my heirs, executors and administrators, to release the Grantees from any liability, damages or claims resulting from the use of my image, including but not limited to, claims for libel or invasion of privacy.
I am aware that this Event is not officially sponsored and/or sanctioned by the US Track and Field Association, and is a privately organized Event, produced for profit, privately held company (Irving Marathon Group, LLC). I agree and accept full responsibility to obey all Event rules for safety at the Event and understand that Irving Marathon withholds the right, in its sole and absolute discretion, to dismiss anyone that may cause disturbance during this Event or disregard the rules with respect to safety.
Should any provision of this Release and Waiver of Liability be deemed unenforceable by law, Irving Marathon shall have the right to modify such provision to the extent necessary to be deemed enforceable and all other provisions of this Release and Waiver of Liability shall remain in full force and effect.
I am at least eighteen years of age or older and execute this Release and Waiver of Liability Waiver and Release from Liability with full knowledge and understanding of the terms stated on this Waiver. I represent and warrant that I have carefully read and understand the intent of this waiver and Release and Waiver of Liability. I further represent and warrant that all information that I supply in connection with my participation in the Event is accurate and truthful and understand that the Event organizers are relying upon this Release and Waiver of Liability and the representations made herein as a condition of my participation.
I agree that any and all representations made and releases, waivers, covenants and consents given by me herein are given on behalf of me and any and all of my minor children or persons over whom I have guardianship participating in or attending the Race . I am waiving substantial legal rights, and knowing this; I agree of my own free will without any inducement, assurance or guarantee being made to me and intend my signature below to be a complete and unconditional release of liability to the greatest extent allowed by law.
I agree and understand that registration fees are non-refundable & non-transferable.