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Basic Liability Waiver, Indemnification Agreement, Permission to Provide Medical Treatment & Publicity Release In accepting this agreement for myself or for the named participant (if under the age of 18), I know that those participating in the Break the Cycle Benefit (BTC) will be exposed to the risks of serious bodily injury, sickness, or death due to circumstances inherent in this event, including the negligent acts or omissions of others. I understand and am aware that there are a variety of specific risks and dangers inherent in a voluntary bicycling and walking event such as BTC, including, without limitations, falls, collisions with other bicyclists, walkers, motor vehicles, or stationary objects; adverse weather conditions; and those caused by conditions of the roads, trails or sidewalks such as broken pavement, railroad crossings, and road crossings. I further understand that by participating in BTC I will be: 1) riding my bicycle on public roads with many other cyclists; and/or 2) walking on city sidewalks. I also understand that I am participating with others, some of whom are inexperienced at riding or walking in large groups, and that the large number of participants in BTC add an element of dangerous and unpredictable behavior. In exchange for being permitted to participate, I voluntarily agree to assume all of these risks inherent in participating in BTC. In acknowledgement that I (or the participant for whom I accept, if under the age of 18) am physically capable and sufficiently trained to complete this event, I also attest that the equipment used by me (or the participant for whom I accept if under the age of 18) has been inspected and is in good mechanical condition, that I am familiar with its proper use, and that I will be financially responsible for any loss or damage to that equipment or for personal injury or death resulting from its use. I am aware that medical support will be provided by volunteers and other personnel who may be called upon to provide assistance, including first aid during the event. I consent and authorize such personnel to assist me (or the participant for whom I accept, if under the age of 18) or perform such assistance, if in the opinion of such personnel such care is deemed necessary and appropriate. I understand further that any such medical or other services provided is not an admission of responsibility to provide any such services and is not a waiver by any said party’s rights under this agreement. I understand that OneEighty, Inc. and Break The Cycle (BTC) assume no responsibility or liability with respect to my participation in the event. I agree, however, to abide by any decision of any official, relative to my ability (or the participant for whom I accept, if under the age of 18) to safely participate in this event. I further promise to wear a helmet at all times while riding my bicycle during BTC and I waive my rights to any benefits associated with BTC if I fail to wear such a helmet while on the ride. Having read this waiver and knowing these facts and in consideration of OneEighty, Inc. and BTC’s acceptance of my application for participation in BTC, I for myself and anyone entitled to act on my behalf, do agree to release, hold harmless and discharge OneEighty, Inc. and the BTC committee, waive and release committee and staff, and all sponsors, their representatives and successors from all claims of liability of any kind arising out of my participation in this Event. I further hold harmless all sponsors, representatives (including event volunteers), and involved municipalities or other organizations and the boards, trustees, officers, employees of any of them, from any and all claims or liability may arise out of negligence, recklessness, or carelessness on the part of the persons or entities named in this waiver. I also grant permission to OneEighty, Inc., BTC and its sponsors to use any photographs, motion pictures, recordings or any other record of my participation, or the participation of my child if under the age of 18, in BTC for legitimate purposes. I further agree to indemnify and to hold harmless the persons and entities listed in this agreement for any liability that may incur to me, a member of my family or the participant for whom I accept if under the age of 18, in connection with BTC. I further agree that if, in breach of this agreement, I institute any judicial proceedings against any of the persons listed in this agreement in connection with BTC, I shall bring them in the Common Pleas Court of Wayne County, Ohio, or in the United States District Court of the Northern District of Ohio, located in Akron, Ohio, as appropriate, and I consent to personal jurisdiction in those courts. I further agree that, if in breach of this agreement, I institute such a proceeding, I am responsible for all costs and attorneys’ fees of any person or entity against which I institute such proceedings. I further confirm that all of my children who will be participating in BTC will have reached at least their second birthday by August 29, 2020, if he/she will be pulled by or riding on a bicycle in BTC. HAVING READ AND UNDERSTOOD THIS AGREEMENT, I VOLUNTARILY AND KNOWINGLY SIGN IT.
WAIVER: I, the undersigned participant (and my parent or guardian if I am younger than 18 years of age), intending to be legally bound, do hereby forever release and waive any and all rights, claims, and actions for damages that we, our heirs, executors, administrators, and assigns may have, or that may hereafter accrue against any and all persons, organizations, and other entities associated with the event, including, but not limited to Race Entry, USA Track and Field, sponsors, affiliates, volunteers, Break the Cycle, and individual Break the Cycle organizers, arising out of or in connection with my involvement before, during, or after the event.
I verify that I am physically fit and sufficiently trained to participate in this event and I assume the risks involved in this activity. I further attest that I will be mindful of traffic along the race course, and hold said sponsors and organizers blameless in any harm that may happen.
I also acknowledge understanding that the charge to my card will show up as Race Entry. I acknowledge that the online processing fees and charitable donations are non-refundable. I also acknowledge that any charitable donations will have 4.97% withheld from the donation to pay credit card and administrative costs.
Race Entry shall not be liable to you for any direct, indirect, special, incidental, consequential or exemplary damages including, but not limited to, loss of profits, goodwill, use, data or other intangible loses. Race Entry does not guarantee the completeness or accuracy of any information contained in, or provided in conjunction with the http://www.raceentry.com website. Race Entry is not responsible for any omissions or inaccuracies, or for the results obtained from this information.
Race Entry facilitates registration for various events, some of which allow participants under the age of thirteen (13). We require a submission of birth date for all registration entries. For children under the age of thirteen (13), parental or guardian consent is required.
You agree that the statutes and laws of the State of Utah, USA, will apply to all matters relating to this Agreement and Waiver. You irrevocably consent that exclusive jurisdiction for any dispute with Race Entry relating to this Agreement and Waiver resides in the courts of Utah, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Utah in conjunction with any such dispute including any claim involving Race Entry .
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