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Terms of Service for Event Registrants

As of January 1, 2024
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EN – English (United States) FR – Français (Canada) FR – Français (France) JA – 日本語 (日本) ES – Español (México) NL – Nederlands (Nederland) DE – Deutsche (Deutschland) IT – Italiano (Italia) KO – 한국어 (대한민국) SV – Svenska (Sverige) ZH – 中文（中国） ZH – 中文（中國香港特別行政區）

1. Acceptance of Terms

1.1 Overview.

The following Terms of Service (this “TOS“) govern all use by you as a Registrant (as defined below) or other non-Organizer (as defined below) user or visitor of (a) the Race Roster (d/b/a Race Roster US Inc. if you are located in the USA, Race Roster Oceania PTY LTD if you are located in Oceania, Race Roster Southeast Asia PTE LTD if you are located in Asia Pacific, or Race Roster North America Corporation if you are located in Canada or elsewhere) websites and domains (“Race Roster”), and owning the websites and domains to which these TOS are linked (including all webpages, subdomains and subparts therein contained, collectively, the “Site”), (b) any and all services available on or through the Site or otherwise provided by Race Roster in connection with Events listed on the Site, and (c) all Software (as defined below) (collectively, the “Services“). The Services are owned and/or operated by Race Roster. The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by Race Roster. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND RACE ROSTER BY USING OR ACCESSING ANY PART OF THE SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND ALL OTHER OPERATING RULES, POLICIES AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SITE BY Race Roster. IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES, POLICIES OR PROCEDURES, DO NOT USE OR ACCESS THE SERVICES.

This Site and the Services are intended for use by individuals 18 years of age or the age of majority in such individual’s state or country of residence, whichever is older. If you are under 18 or under the legal age of majority in your state or country of residence, you affirm a parent or legal guardian consent to the Terms of Service on your behalf.

1.2 Modification.

PLEASE NOTE THAT THESE TOS MAY BE CHANGED, MODIFIED OR UPDATED BY THE RACE ROSTER FROM TIME TO TIME WITHOUT ADVANCE NOTICE BY POSTING HERE AND YOU WILL BE BOUND BY ANY SUCH CHANGED, MODIFIED OR UPDATED TERMS OF USE IF YOU CONTINUE TO USE THIS SITE AFTER SUCH CHANGES ARE POSTED. THE DATE THESE TERMS OF USE WERE LAST UPDATED IS STATED AT THE BEGINNING OF THIS DOCUMENT. YOU ARE ENCOURAGED TO REVIEW THESE TOS PERIODICALLY FOR UPDATES AND CHANGES.

1.3 Language.

We may translate this TOS, our Privacy Policy or any other operating rules, policies and procedures that may be published from time to time on the Site into other languages at your written request for your convenience. We are not responsible for results of any such translation, including any inaccuracies. The English language version of each of these documents is the version that governs your use of the Services and in the event of any conflict between the English language version and a translated version, the English language version will control.

2. Description of Race Roster

Race Roster provides a means for registered users who are event organizers and planners (“Organizers”) to collect Event registration Fees for their events online (“Events”) from registered users who want to sign up to participate in such Events (“Registrants” or “you”) or other non-Organizer user or visitor of the Services (“non-Organizer” or “you”). Organizers may visit the Site, fill out a questionnaire about their event, including pricing, location, event size, etc., and collect event registration fees online directly from Registrants. Payments are received through third party compliant Payment Card Industry Data Security Standard service methods (“FPM”). This TOS applies to you and your use of the Services as a Registrant and/or other non-Organizer user. They also apply to all visitors to the Site.

3. Your Use of the Services

3.1 The Services.

Race Roster hereby grants you a non-exclusive, non-transferable, limited, revocable, non-sublicensable right to access and use the Services solely for the purposes of browsing the Site, and searching for, viewing, registering for, and interacting with, an Event, in each case (i) in compliance with this TOS, and (ii) to the extent permitted under all applicable laws and regulations (foreign and domestic). Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Services or Site Content (as defined below); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) rent, lease, resell, distribute or use the Services for timesharing, or commercial purposes; (iv) remove or alter any proprietary notices or labels on or in the Services or Site Content; (v) engage in any activity that interferes with or disrupts the Services; or (vi) engage in any fraudulent activity or activity that facilitates fraud.

3.2 Software.

If you use any Software in connection with the Services, Race Roster hereby grants you a personal, non-transferable, limited, non-sublicensable, revocable, limited, non-exclusive license to use the Software solely for your internal use in connection with the Services, and only in accordance with this TOS and the written instructions/directions (if any) provided by Race Roster in conjunction with the Software. For purposes of this TOS, “Software” shall mean any and all software that is available on or through the Site or otherwise provided by Race Roster, including without limitation future mobile applications. For clarity, the Software will be deemed a part of the Services hereunder. You shall also be responsible for using the Software in a manner that complies with all federal, state, provincial and local laws and the rules and regulations of all credit card companies.

4. Payment

4.1 Payments to Race Roster

You understand and agree that Organizers or non-Organizers may charge you a registration fee associated with your participation in an event or donation to a charity. Included in the listed registration fee amount is a convenience fee and service tax charged to you by Race Roster for using the Services. The convenience fee will be noted on your receipt from Race Roster following registration.

Withholding Taxes. Race Roster may withhold from any amounts payable under this Agreement such Federal, state and local taxes as may be required to be withheld pursuant to any applicable law or regulation.

Indirect Tax. Notwithstanding anything to the contrary, all payments under this Agreement are exclusive of indirect taxes (VAT, GST, Sales Tax and similar). If any amount of Indirect Tax is chargeable in respect of a payment under this Agreement, the Registrant shall pay such Indirect Tax at the applicable rate in respect of such payment following the receipt of an invoice in the appropriate form from Race Roster in respect of those payments. Such Indirect Tax shall be payable at time of collection of Event registration and convenience fees.

4.2 Independent Relationship of FPMs.

When using a FPM, Organizers and Registrants effect the applicable monetary payment transaction through the FPM service, and are bound by the applicable terms of use governing the FPM service. These FPMs manage the routing of applicable information through the credit card and electronic check processing networks, as applicable. We are not affiliated with these FPMs, and we are not responsible in any way for the actions or performance (or lack thereof) of any of these providers. Accordingly, Race Roster expressly disclaims responsibility and liability for all services provided by any such providers, and you hereby agree that Race Roster shall not be responsible for any loss or damage of any sort incurred as a result of such services. Please also note that these providers will have access to the information you provide to them when making a payment transaction.

You hereby acknowledge and agree that, for all payment transactions, (1) you will not use an invalid or unauthorized credit or debit card or other payment method; (2) all payment transactions are final and non-refundable. If you have any questions regarding any payment transaction, please contact us at support@raceroster.com.

4.3 Refunds.

You hereby acknowledge and agree that all issues related to refunds, chargebacks, payment disputes or related issues shall be communicated to, and handled by, the Organizer(s). In no way is Race Roster responsible for the payment of any refunds.

Race Roster may make themselves available for communications or disputes regarding refunds between the Organizer and Registrant, in Race Roster’s sole discretion. Race Roster will always seek the confirmation of the Organizer prior to discussing a refund. In cases in which Race Roster makes themselves available for communications regarding disputes, while Race Roster will act as a resource for Registrants wishing to request a refund, Race Roster will not process refunds. In the event of a dispute, errors in issuing refunds, or lack of refunds in connection with the service, if Race Roster makes themselves available to help adjudicate any such dispute, Race Roster shall determine the resolution, in their sole discretion.

4.4 Disclaimer Concerning Tax Deductible Nature of Payments

Race Roster makes no representation to you as to whether all or any portion of your payment for an Event is tax-deductible. Race Roster is not liable for any claim by any federal, state, local or any other tax authority with respect to the characterization on any applicable tax return of your payment for such Event. You should consult your tax advisor as to whether and the extent to which any portion of your payment is tax-deductible.

4.5 Payments to Promoters

Promoters are paid when their balance owed equals $15 or greater. Checks are sent out to promoters on a semi-monthly basis. Race Roster reserves the right to withhold promotional payouts at their discretion. As an example, possible reasons for holding back promotional payouts include false registrations or misuse of promotional links.

If you are in Australia or if you are outside of Australia and are an Australian citizen or person ordinarily resident within Australia: Promoters are paid when their balance owed equals $15 or greater. Checks are sent out to promoters on a semi-monthly basis. Race Roster reserves the right to withhold promotional payouts where the promoter has enabled false registrations or misuse of promotional links.

5. Your Registration Obligations

To be a registered user of the Services, whether as a Registrant or other non-Organizer, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Race Roster has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Race Roster has the right to suspend or terminate all of your accounts and refuse any and all of your current or future use of the Services (or any portion thereof). Race Roster is concerned about the safety and privacy of all its users, particularly children. For this reason, and to be consistent with the terms of use of any FPM service provider or other third-party service provider, you must be at least 18 years of age to register for an account. If you are under 18, you are only allowed to access this Site with your parent or guardian permission and supervision. If you are a parent or guardian of a child who is under the age of 18 who is accessing our Site, you hereby agree to be bound by this TOS.

6. Account, Password and Security

As part of the Site registration process, you will create a password and account. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to (a) immediately notify Race Roster of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Race Roster cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account. In the event of any dispute between two or more parties as to account ownership, you agree that Race Roster shall be the sole arbiter of such dispute in its sole discretion and that Race Roster’s decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.

7. Site Content

You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content contained in or delivered via the Services or otherwise made available by Race Roster in connection with the Services (collectively, “Site Content”) is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. Race Roster may own the Site Content or portions of the Site Content may be made available to Race Roster through arrangements with third parties. Except as expressly authorized by Race Roster in writing or in connection with your use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other web site or in a networked computer environment for any purpose. However, you may print or download a reasonable number of copies of the Site Content for your own informational purposes, provided that you retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of Race Roster. You shall use the Site Content only for purposes that are permitted by this TOS and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.

8. Conduct

8.1 Certain Restrictions

Whether you are using the Services as a Registrant or other non-Organizer, you understand, acknowledge and agree that you are liable for all Your Content, in whatever form, that you provide or otherwise make available to or through the Services, including to Organizers, Registrants and other non-Organizers. You agree not to use the Services to upload, post, email, transmit or otherwise make available any Content that:

  • is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, is libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  • harms to minors in any way;
  • impersonate any person or entity, including, but not limited to, an Race Roster representative or forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
  • you do not have a right to share and grant the necessary rights and licenses for;
  • infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to otherwise interact with the Services in a manner not permitted by this TOS or expressly authorized by Race Roster;
  • interferes with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
  • intentionally or unintentionally violates any applicable law or regulation (foreign or domestic).

8.2 Certain Remedial Rights

Whether you are using the Services as a Registrant or other non-Organizer, you acknowledge that Race Roster does not pre-screen any Content provided or made available by you or any third party in connection with the Services, but that Race Roster and its designees shall have the right (but not the obligation) in their sole discretion to (i) monitor, alter, edit, or remove any of Your Content, in whole or in part, and/or (ii) rescind and terminate your right to use the Services at any time (with or without notice) for any reason or no reason. You acknowledge and agree that Race Roster may preserve Your Content and may also disclose Your Content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOS; (c) respond to claims that any of Your Content violates the rights of third parties; and/or (d) protect the rights, property, or personal safety of Race Roster, its users and/or the public. You understand that the technical processing and transmission of the Services, including Your Content, may involve (i) transmissions over various networks; and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

If you are using the Services in Australia or if you are outside of Australia and are an Australian citizen or person ordinarily resident within Australia: Whether you are using the Services as a Registrant or other non-Organizer, you acknowledge that Race Roster does not pre-screen any Content provided or made available by you or any third party in connection with the Services, but that Race Roster and its designees shall have the right (but not the obligation) in their sole discretion to (i) monitor, alter, edit, or remove any of Your Content, in whole or in part, and/or (ii) rescind and terminate your right to use the Services at any time (with or without notice) for any breach of the restrictions set out in clause 8.1 and on 7 days’ notice where no breach of the TOS is asserted . You acknowledge and agree that Race Roster may preserve Your Content and may also disclose Your Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOS; (c) respond to claims that any of Your Content violates the rights of third parties; and/or (d) protect the rights, property, or personal safety of Race Roster, its users and/or the public. You understand that the technical processing and transmission of the Services, including Your Content, may involve (i) transmissions over various networks; and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

9. Referrals

The following terms and conditions describe the terms and conditions of Race Roster’s referral programs. Race Roster reserves the absolute right to determine whether you or any other user of the Services qualifies for any of the following referral programs.

If you are using the Services in Australia or if you are outside of Australia and are an Australian citizen or person ordinarily resident within Australia: The following terms and conditions describe the terms and conditions of Race Roster’s referral programs.

9.1 Organizer Referral Program.

Race Roster will pay a referral fee to persons or entities (“Organizer Referrers”) that refer revenue-generating Organizers to Race Roster, subject to the following terms and conditions: (a) Prior to an Organizer’s initial use of the Services, the Organizer Referrer must have contacted the Organizer and have been instrumental in getting the Organizer initially to register for and sell entries for an Event using the Services (as determined by Race Roster in its sole discretion). The referral must be properly registered with Race Roster when the Organizer initially sets up its account and the Organizer Referrer must fully comply with all instructions with respect thereto; and (b) Race Roster will pay the Organizer Referrer up to 10% of the amount actually paid to Race Roster in processing fees, up to a maximum of $2000. Processing fees vary based on Race Roster’s agreement with the applicable Organizer; more information on our pricing can be found at https://raceroster.com/pricing. Fees do not include additional amounts such as taxes, royalties, credit card processing and other service fees and will be net of all refunds, credit card chargebacks and all other deducted amounts) for the Organizer’s account during the 12-month period following the date of such Organizer’s first Event registration via the Services. The referral fee will be processed on a semi-monthly basis to the Organizer Referrer if the amount due and unpaid is five dollars ($5.00) or more. Any unpaid balances will be added to any balances due in subsequent months. (c) Race Roster reserves the right to change, modify or terminate this Organizer referral program and/or its terms at any time in its sole discretion. Race Roster reserves the right to determine what, if any, amounts are properly due Organizer Referrers hereunder in its sole discretion.

If you are using the Services in Australia or if you are outside of Australia and are an Australian citizen or person ordinarily resident within Australia: Race Roster will pay a referral fee to persons or entities (“Organizer Referrers”) that refer revenue-generating Organizers to Race Roster, subject to the following terms and conditions: (a) Prior to an Organizer’s initial use of the Services, the Organizer Referrer must have contacted the Organizer and have been instrumental in getting the Organizer initially to register for and sell entries for an Event using the Services (as determined by Race Roster in its sole discretion). The referral must be properly registered with Race Roster when the Organizer initially sets up its account and the Organizer Referrer must fully comply with all instructions with respect thereto; and (b) Race Roster will pay the Organizer Referrer up to 10% of the amount actually paid to Race Roster in processing fees, up to a maximum of $2000. Processing fees vary based on Race Roster’s agreement with the applicable Organizer; more information on our pricing can be found at https://raceroster.com/pricing. Fees do not include additional amounts such as taxes, royalties, credit card processing and other service fees and will be net of all refunds, credit card chargebacks and all other deducted amounts) for the Organizer’s account during the 12-month period following the date of such Organizer’s first Event registration via the Services. The referral fee will be processed on a semi-monthly basis to the Organizer Referrer if the amount due and unpaid is five dollars ($5.00) or more. Any unpaid balances will be added to any balances due in subsequent months. (c) Race Roster reserves the right to change, modify or terminate this Organizer referral program and/or its terms at any time.

The termination of the program or modified terms will not affect existing rights to unpaid referral fees.

9.2 Registrant Referral Software.

Race Roster makes available software via the Services that makes it possible for Organizers to offer third parties (“Registrant Referrers”) a bonus in exchange for referring Registrants to their Event(s) (“Referral Software”). Race Roster will make a good faith effort to provide information and instructions as necessary to use the Referral Software correctly. If you use the Referral Software in any capacity, you will comply with all such instructions. These instructions can be found your promoter dashboard. For clarity, the Referral Software shall be deemed part of the “Software” and “Services” hereunder. Your use of the Referral Software is also subject to the following terms and conditions: (a) Race Roster is neither a party to any agreements (actual or implied) entered into by Organizers and Registrant Referrers, nor is it an agent, employee, partner or other representative of Organizers or Registrant Referrers. Race Roster has no responsibility for any failure or alleged failure of performance of any Organizer or Registrant Referrer to each other or to any third party. (b) Race Roster does not screen or investigate in any way the users of the Services to determine their ability or willingness to perform the obligations that may be undertaken pursuant to this Registrant referral program. Organizers and Registrant Referrers shall resolve all questions and issues between themselves. Race Roster makes no representations or warranties and gives no assurances that any Organizer or any Registrant Referrer will perform under the Registrant referrer program, including without limitation Organizers paying any money owed to Registrant Referrers. Race Roster will not settle, mediate or otherwise assume responsibility for resolving disputes between Organizers and Registrant Referrers. Race Roster assumes no liability arising from the use or misuse of the Referral Software, or in the event that the Referral Software fails to operate as expected, even if such failure results in the loss of data or in the misrepresentation of data necessary for the Organizers and Registrant Referrers to fulfill commitments entered into using the Referral Software.

10. Indemnity

You agree to defend, indemnify and hold Race Roster, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable lawyers’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any third party (each a “Claim”) due to or arising out of: your Content; the Events listed on the Service; your use of, contribution to or connection with the Service; your acts or omissions, your violation of this TOS; and/or your violation of any rights of another. Race Roster shall provide notice to you of any such Claim, provided that the failure or delay by Race Roster in providing such notice shall not limit your obligations hereunder. Race Roster reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting Race Roster’s defense of such matter.

If you are using the Services in Australia or if you are outside of Australia and are an Australian citizen or person ordinarily resident within Australia: You agree to defend, indemnify and hold Race Roster, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable lawyers’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any third party (each a “Claim”) due to or arising out of: your Content; the Events listed on the Service; your wrongful acts or omissions, your violation of this TOS; and/or your violation of any rights of another, except to the extent any Claim is caused by or contributed to by Race Roster’s negligence, default or any other wrongful act or omission. Race Roster shall provide notice to you of any such Claim, provided that the failure or delay by Race Roster in providing such notice shall not limit your obligations hereunder. Race Roster reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting Race Roster’s defense of such matter.

11. Service Modification/Suspensions

Race Roster reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice. You agree that Race Roster shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

12. Termination

Race Roster, in its sole discretion, may terminate your password, accounts (or any part thereof) and/or your right to use the Services, and remove and discard any and all of Your Content within the Services, at any time for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due Race Roster, or if Race Roster believes that you have violated or acted inconsistently with the letter or spirit of this TOS. You agree that any termination of your right to use the Services may be effected without prior notice, and acknowledge and agree that Race Roster may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Services. Further, you agree that Race Roster shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Services. All provisions of this TOS that by their nature should survive termination of your right to use the Services shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses).

If you are using the Services in Australia or if you are outside of Australia and are an Australian citizen or person ordinarily resident within Australia: Race Roster, in its sole discretion, may terminate your password, accounts (or any part thereof) and/or your right to use the Services, and remove and discard any and all of Your Content within the Services, at any time for failure to timely pay any fees or other monies due Race Roster, or if you have violated or acted inconsistently with the letter or spirit of this TOS. In such circumstances, you agree that any termination of your right to use the Services may be effected without prior notice, and acknowledge and agree that Race Roster may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Services.

Race Roster can also terminate for any other reason, or no reason, by providing 7 days’ notice of termination.

Further, you agree that Race Roster shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Services. All provisions of this TOS that by their nature should survive termination of your right to use the Services shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses).

The Services may provide, or third parties may provide, links to other Internet websites or resources. Because Race Roster has no control over such websites and resources, you acknowledge and agree that Race Roster is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that Race Roster shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Content, advertising, products, services or other materials available on or through any such website or resource.

14. Disclaimer of Warranties

14.1 General Disclaimer

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RACE ROSTER HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. RACE ROSTER MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU, OR EVENTS ATTENDED, THROUGH THE SERVICES, OR THE SERVICES THEMSELVES (OR ANY PART THEREOF), WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. RACE ROSTER IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, REGISTRANT OR OTHER NON-ORGANIZER, ORGANIZER OR THIRD PARTY BEFORE, DURING AND/OR AFTER AN EVENT; AND RACE ROSTER WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (V) ABOVE. YOU ACKNOWLEDGE THAT RACE ROSTER HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS’ (INCLUDING REGISTRANTS’, OTHER NON-ORGANIZERS’ AND ORGANIZERS’) CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER (INCLUDING REGISTRANTS, OTHER NON-ORGANIZERS AND ORGANIZERS) TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Notwithstanding the foregoing, you may report the misconduct of users, Registrants, other non-Organizers, Organizers and/or third parties in connection with the Site or any Services to Race Roster. Race Roster, in its sole discretion, may investigate the claim and take necessary action.

If you are using the Services in Australia or if you are outside of Australia and are an Australian citizen or person ordinarily resident within Australia: Notwithstanding the above, you may have certain rights under the Australian Consumer Law, which is Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL) including consumer guarantees that the Services Race Roster provides to you will be provided with due care and skill. These TOS do not exclude or limit these guarantees or any other statutory rights that Customer may have under applicable laws which cannot be excluded by agreement.

14.2 No Medical Advice

Race Roster Services may provide guidance related to physical, nutritional or general well-being. THE SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION, and are provided for informational purposes only. We are not licensed medical professionals, and we are not in the business of providing medical advice. You should always consult a qualified and licensed medical professional prior to beginning or modifying any diet or exercise program.

15. Limitation of Liability

RACE ROSTER SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THIS TOS, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RACE ROSTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) AMOUNTS IN EXCESS OF $100.00 CDN IN THE AGGREGATE FOR ALL CLAIMS WITH RESPECT TO THE SERVICES, OR (IV) ANY MATTERS BEYOND RACE ROSTER’S REASONABLE CONTROL. RACE ROSTER SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES. IN ADDITION, RACE ROSTER IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD-PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY FPM SERVICE), AND RACE ROSTER HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD-PARTY SERVICE PROVIDER. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

If you are using the Services in Australia or if you are outside of Australia and are an Australian citizen or person ordinarily resident within Australia: Race Roster’s liability for any loss or damage (however caused) with respect to the Services, or any other subject matter of the TOS, is limited to the greater of:

  • remedies available to you under the ACL, including, in particular, the consumer guarantees in respect of the supply of services; or
  • to the extent, permitted by law, a resupply of the Services; or
  • $100 CDN.

16. Release

In consideration of being permitted to access and use the Services, you hereby agree to release Race Roster, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and third parties (including other Organizers, registrants, and other non-Organizers) in connection with the Services, your access and use of the Services, or any Events listed thereon.

If you are using the Services in Australia or if you are outside of Australia and are an Australian citizen or person ordinarily resident within Australia: In consideration of being permitted to access and use the Services, you hereby agree to release Race Roster, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and third parties (including other Organizers, registrants, and other non-Organizers) in connection with the Services, your access and use of the Services, or any Events listed thereon, except to the extent any losses, liabilities, costs and expenses, are caused by or contributed to by Race Roster’s negligence, default or any other wrongful act or omission.

17. Privacy

All information provided by you or collected by Race Roster in connection with the Services is governed by Race Roster’s Privacy Policy, a copy of which is located at https://raceroster.com/legal/privacy-policy, which is hereby incorporated by reference into this TOS. Race Roster strongly recommends that you review the Privacy Policy closely.

18. Notice

Notices to you may be made via either email or regular mail to the address in Race Roster’s records. You agree that by using the Site or the Services you consent to Race Roster communicating with you electronically. You are entitled to revoke such consent at any time. We may also provide notices of changes to this TOS or other matters by displaying notices or links to notices to you generally on the Site. Any notice from you to us shall be sent in writing to our mailing address at Race Roster/Race Roster North America Corporation, 186 York St London Ontario, Canada N6A 1B5 Attn: Corporate Counsel.

19. Trademark Information; Intellectual Property Complaints

The trademarks and logos of Race Roster (the “Race Roster Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks of Race Roster. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties (the “Third Party Trademarks”, and, collectively with Race Roster Trademarks, the “Trademarks”). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of Race Roster specific for each such use. The Trademarks may not be used to disparage Race Roster, any third party or Race Roster’s or third party’s products or services, or in any manner (in Race Roster’s sole judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless Race Roster approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any Race Roster Trademark shall inure to Race Roster’s benefit.

20. General

20.1 Entire Agreement

This TOS constitutes the entire agreement between you and Race Roster and governs your use of the Services as a Registrant or other non-Organizer, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and Race Roster on the subject matter hereof. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party content, third party software or the Services in a manner other than as governed by this TOS.

If you are using the Services in Australia or if you are outside of Australia and are an Australian citizen or person ordinarily resident within Australia: You may be subject to additional terms and conditions that may apply when you use affiliate services, third party content, third party software or the Services in a manner other than as governed by this TOS.

20.2 Choice of Law and Jurisdiction; No Class Action.

This TOS and your access to and use of this Site are governed by and construed in accordance with the laws of the province of Ontario and the Country of Canada, without resort to its conflict of law provisions. You agree that any action at law or in equity arising or in any way relating to these TOS shall be filed only in the courts located in Ontario, Canada and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding.

YOU AND RACE ROSTER AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR RACE ROSTER WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION. YOU AND RACE ROSTER FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, RACE ROSTER, AND ALL PARTIES TO ANY SUCH PROCEEDING.

If you are using the Services in Australia or if you are outside of Australia and are an Australian citizen or person ordinarily resident within Australia: This TOS and your access to and use of this Site are governed by and construed in accordance with the laws of the province of Ontario and the Country of Canada, without resort to its conflict of law provisions. You agree that any action at law or in equity in which your claim is in excess of $20,000 CAD, arising or in any way relating to these TOS, shall be filed only in the courts located in Ontario, Canada and for these suits, actions or proceedings you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.

20.3 Waiver; Invalid Provisions.

The failure or delay of Race Roster to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever. If any provision of this TOS is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this TOS shall remain in full force and effect.

20.4 Disputes/Binding Arbitration/No Class Relief.

To the fullest extent permissible by law, with the exception of disputes pertaining to Race Roster’s intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and Race Roster including, without limitation, arising under these Terms; your visit to Race Roster’s websites, mobile applications, or retail stores; or to any purchase, transaction, or other interaction with Race Roster (including, without limitation, claims relating to Race Roster’s advertisements, pricing, and disclosures; email, SMS or other messages sent by Race Roster; or Race Roster’s collection, processing or retention of your information) (a “Dispute”) shall be resolved through binding arbitration pursuant to these exclusive dispute resolution procedures, except that you may assert claims in small claims court or seek action through government agencies.

Opt-out: You may elect to opt-out (exclude yourself) from the final, binding arbitration procedure and waiver of class and representative proceedings specified in these Terms by sending a written letter to Race Roster at 125 Summer Street, Fl. 2, Boston, MA 02111; Attn: Legal Department (the “Notice Address”), within thirty (30) calendar days of your initial agreement to these Terms. The letter must be signed personally by you or your legal guardian and specify: (1) your first and last name; (2) your mailing address; (3) your email address; and (4) your request to be excluded from the final, binding arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedures set forth above, all other terms of these Terms shall continue to apply.

Pre-Arbitration Dispute Resolution: Whenever a Dispute arises between you and Race Roster, you and Race Roster agree to first send a written notice to the other (a “Demand”). You must send the Demand to Race Roster via certified mail to the Notice Address. Race Roster must send the Demand to you via certified mail to the most recent address Race Roster has on file for you (or by email if Race Roster only has an email address for you on file). A Demand (1) shall seek to resolve a Dispute only on an individual basis; (2) shall state the full basis for the Dispute (including the details about the Dispute sufficient for the recipient to review and respond) and the date that the Dispute arose; (3) shall provide the individual claimant’s full name, phone number, and email address to confirm their identity and to aid communication; and (4) shall be personally signed by the individual claimant or for Race Roster by its authorized representative (and not only their counsel). Within twenty (20) business days of receipt of a Demand, the recipient may request an individualized video or telephone conference to attempt in good faith to resolve the Dispute which both you and Race Roster will personally attend (with counsel, if represented). You and Race Roster agree that you and Race Roster will not take any legal action, including filing a lawsuit or demanding arbitration, until after the period to request a conference expires or, if a conference is requested, twenty (20) business days after the individualized conference is completed. Compliance with this informal dispute resolution procedure section is mandatory and a condition precedent to initiating any lawsuit or arbitration. This procedure is essential to providing each of us a meaningful opportunity to resolve disputes informally. Any applicable limitations periods and filing fee deadlines will be tolled while the parties engage in the process set forth above. A court of competent jurisdiction may enjoin the filing or prosecution of a lawsuit or arbitration if these requirements have not been met.

Arbitration Procedure: If the Dispute stated in the Demand is not resolved to your or Race Roster’s satisfaction within the time periods set forth above for Pre-Arbitration Dispute Resolution and you or Race Roster intend on taking legal action, you and Race Roster agree that you or Race Roster shall file a demand for arbitration with National Arbitration & Mediation (“NAM”) (https://www.namadr.com/). The arbitration will be conducted by a single arbitrator with NAM under its Comprehensive Dispute Resolution Procedures and Rules then in effect subject to the Mass Arbitration provisions below. You or Race Roster may choose to have the arbitration based only on written submissions or to attend in-person, by telephone or video conference. The arbitration will be kept confidential except as may lawfully be required.

Payment of all fees will be governed by the NAM rules. Either you or Race Roster may seek attorneys’ fees and costs in arbitration if the arbitrator determines the claims are frivolous. ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION unless the Mass Arbitration provisions set forth below are triggered. NEITHER YOU NOR RACE ROSTER MAY ACT AS A PRIVATE ATTORNEY GENERAL OR CLASS REPRESENTATIVE, NOR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, WITH RESPECT TO ANY DISPUTE OR CLAIM.

Mass Arbitration: If, at any time, 25 or more claimants submit demands or seek to file demands for arbitration raising similar Disputes against Race Roster, and such circumstances meet the definition and criteria of Mass Filings (“Mass Filing”) set forth in NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM’s Mass Filing Rules” then in effect, available at https://www.namadr.com/resources/rules-fees-forms/) such as where representation of the claimants is the same, consistent or coordinated across the cases, the NAM Mass Filing Rules in effect at the time such demand is filed shall apply as modified below. You agree that throughout this process, the parties’ counsel shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Filing. You acknowledge and agree that by electing to participate in a Mass Filing, the adjudication of your dispute might be delayed.

Stage One: Counsel for the claimants and counsel for Race Roster shall each select 5 claims per side and the NAM Procedural Arbitrator will randomly select 15 claims (25 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. Either party may appeal a decision/award rendered in an individual arbitration pursuant to NAM’s Appellate Dispute Resolution Rules and Procedures in effect at the time the decision/award is rendered. After this initial set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and Race Roster will pay the mediator’s fee. The pendency of any appeal shall not delay this global mediation.

Stage Two: If the remaining claims are not resolved after the global mediation in Stage One, then counsel for the claimants and counsel for Race Roster shall each select 10 claims per side and the NAM Procedural Arbitrator will randomly select 30 claims (50 claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agreed to in writing. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they proceed in arbitration proceedings as part of a staged process. Either party may appeal a decision/award rendered in an individual arbitration pursuant to NAM’s Appellate Dispute Resolution Rules and Procedures in effect at the time the decision/award is rendered. After this second set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and Race Roster will pay the mediator’s fee. The pendency of any appeal shall not delay this global mediation.

If your Claim is not resolved as part of the staged process identified above, either:

Option One: You and Race Roster may separately or by agreement, opt out of arbitration and elect to have your claim heard in court consistent with these Terms on an individual basis (not a class or consolidated basis). You may opt out of arbitration by sending us your individual, personally signed notice of your intention to opt out by certified mail addressed to the Notice Address. Such an opt-out notice must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. It must include a statement, personally signed by you, that you wish to opt out of arbitration within 30 days after the conclusion of Stage 2 including its mediation. Race Roster may opt your claim out of arbitration by sending a notice signed by an authorized Race Roster representative of Race Roster’s intention to opt out to your counsel within 14 days after the expiration of your 30-day opt out period. Counsel for the parties may agree in writing to adjust these deadlines.

OR

Option Two: If neither you nor Race Roster elect to have your claim heard in court consistent with Option One, then you agree that your claim will be batched by the NAM Procedural Arbitrator into groups of 500 claimants, to be filed and to proceed in separate consolidated arbitrations, subject to any procedural changes the parties agreed to in writing. Each of these consolidated arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Either party may appeal a decision/award rendered in a consolidated arbitration pursuant to NAM’s Appellate Dispute Resolution Rules and Procedures in effect at the time the decision/award is rendered. Counsel for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and with NAM (including through a Procedural Arbitrator, as such term is used in the NAM Rules) to explore ways to streamline the adjudication of claims, promote efficiencies, conserve resources, and resolve the remaining claims.

A court of competent jurisdiction shall have the authority to enforce these Mass Filing provisions and, if necessary, to enjoin any lawsuit and the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. You and Race Roster agree that each party values the integrity and efficiency of arbitration and wishes to employ the process for the fair resolution of genuine and sincere disputes between the parties. You and Race Roster acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. You and Race Roster further agree that application of these Mass Filing procedures have been reasonably designed to result in an efficient and fair adjudication of such cases. If any part of this Mass Arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the NAM rules, then the balance of this Mass Arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein unless the lack of such provision would lead this Mass Arbitration provision to fail of its essential purpose. If the staging process of this Mass Arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the NAM rules, then the remaining claims shall be subject to Option One or Option Two above as selected by you or Race Roster. If the Mass Filing provisions apply to your claim, and a court of competent jurisdiction determines that the Mass Filing provisions are not enforceable as to your claim, then your claim will proceed in a court of competent jurisdiction on an individual basis (not a class or consolidated basis).

In the event of an exercise of an opt out of binding arbitration as provided above, all such Disputes shall be exclusively brought in the applicable state or federal courts of Suffolk County, Massachusetts. You agree and consent to waive all defenses of lack of personal jurisdiction and forum non conveniens (i.e., inconvenient forum) with respect to venue and jurisdiction in the state and federal courts of Suffolk County, Massachusetts. You consent to exclusive jurisdiction and venue in these courts.

You agree that any and all claims be brought by you within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.

This Section of these Terms will survive the termination of the relationship with you and Race Roster.

If you are using the Services in Australia or if you are outside of Australia and are an Australian citizen or person ordinarily resident within Australia: If any controversy, allegation, or claim (including any non-contractual claim) arises out of these TOS then you and we agree to send a written notice to Race Roster providing a reasonable description of the dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section. For a period of 60 days from the date of receipt of notice from the other party, Race Roster and you will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or Race Roster to resolve the dispute on terms either you or Race Roster, in each of our sole discretion, are uncomfortable with. Nothing in this Section will prevent a party from pursuing their claims in Court or another complaint process.

20.5 Titles.

The section titles in this TOS are for convenience only and have no legal or contractual effect.

21. Force Majeure

Race Roster shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond our reasonable control, or the reasonable control of our contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.

22. Violations.

Please report any violations of this TOS by email via our “Contact Us” page.

23. Event Waiver

Race Roster is not responsible for and is not the operator of any Event promoted by the Event Organizer. Race Roster encourages you to make all necessary investigations to determine the suitability of the Event, including by making inquiries directly to the Event Organizer.

For any Event featured on the Site, you agree as follows:

23.1 General

In consideration of using the Site to register for an Event, you, intending to be legally bound, do hereby, for yourself, your heirs, executors, and administrators, forever waive, release and give up any and all claims, demands, liability, damages, costs and expenses of any kind whatsoever, including personal injuries to you or wrongful death against, Race Roster and its employees, representatives, agents and heirs, which may arise from your participation in an Event or while traveling to or from the Event, even if caused in whole or in part by the negligence or other fault of the parties or person or persons you are hereby releasing, by the dangerous or defective condition of any property or equipment owned, maintained or controlled by it and/or because of their liability without fault. YOU FULLY UNDERSTAND AND ARE FOREVER GIVING UP IN ADVANCE ANY RIGHT TO SUE OR MAKE ANY CLAIM AGAINST THE PARTIES YOU ARE RELEASING IF YOU SUFFER SUCH INJURIES AND DAMAGES EVEN THOUGH YOU DO NOT KNOW WHAT OR HOW EXTENSIVE THOSE INJURIES AND DAMAGES MIGHT BE AND ARE VOLUNTARILY ASSUMING THE RISK OF SUCH INJURIES AND DAMAGES. You attest that you are physically fit and sufficiently trained for this strenuous Event. You will assume your own medical and emergency expenses in the event of an accident or other incapacity or injury resulting from or occurring in your participation. In consideration of this being an amateur event, you release the rights of any and all photographic material, motion picture, video tape, recordings and/or computer information Race Roster may wish to release for this Event without obligation to you.

23.2 Authority to Register and/or Act as Agent

You represent and warrant to Race Roster that you have full legal authority to complete an Event registration on behalf of yourself and/or any party you register (the “Registered Parties”), including full authority to make use of the credit or debit card to which registration fees will be charged. If you register 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 an Event registration, you agree that the terms of this Agreement shall apply equally to all Registered Parties. By registering a child under 13 for an Event, you agree and consent to the collection of that child’s information which you provide for the purposes of registration.

23.3 Waiver

YOU UNDERSTAND THAT PARTICIPATION IN AN 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 AN 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.

23.4 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 AND YOUR PARTICIPATION IN ANY EVENT IS AT YOUR SOLE RISK. Race Roster does not guarantee the accuracy or completeness of any information in, or provided in connection with, the Site. 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 Site 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.

If you are using the Services in Australia or if you are outside of Australia and are an Australian citizen or person ordinarily resident within Australia, the above is subject to any rights available to you under the Australian Consumer Law.

23.5 Injury/Sickness

Race Roster bears no responsibility for injuries, illness, and/or sicknesses that you suffered prior to, during, and after the Event. You agree to abide by applicable guidance or recommendations issued by national, regional and local governments, World Health Organization (WHO), or health centers for the prevention of the spread of the 2019 Novel Coronavirus Disease (COVID-19) while participating in an Event. Race Roster will bear no responsibility for your contraction or spread of COVID-19 resulting from your failure to follow any applicable guidance or recommendations for the prevention of COVID-19. 

23.6 Safety/Traffic Rules

While participating in an Event, you agree to follow all pedestrian safety laws, rules and ordinances and must not violate the traffic rules or otherwise disturb the traffic. A violation of such laws, rules or ordinances is subject to penalty or criminal sanctions. While participating in the Event, you agree to refrain from staring at the screen of your device in order to avoid traffic accidents. You agree to stay cautious of traffic and your surroundings while participating in the Event.

Race Roster shall not be responsible for any traffic accident, incident or damage you or any third party may suffer resulting from a violation or a failure to follow any safety/traffic laws, rules or ordinances or negligent actions or behavior by you.

Any accident or incident shall be resolved at your own responsibility and expense, and Race Roster will not indemnify you or any third party for any loss, costs, expenses or damages resulting from such accident or incident.