Butlerville Days 5K Run/Walk Registration and Release
IN CONSIDERATION OF the city of Cottonwood Heights (â€œCityâ€) allowing me and/ or my minor child(ren) (collectively, the â€œParticipantâ€) to participate in the Butlerville Days 5K Run/Walk sponsored by City (the â€œRaceâ€), I make the following representations and agreements for myself and the Participant. This document (this â€œReleaseâ€) binds each Participant and its heirs, insurers, personal representatives, guardians, administrators and assigns. 1. I acknowledge that participating in the Race and associated activities involves some degree of risk, and I fully realize, and I have explained to any other Participant, the dangers of participating in the Race. I voluntarily assume, for myself and the Participant, all risks associated with such participation, including, without limitation, the dangers of collision with other participants, pedestrians, vehicles or fixed or moving objects; the dangers arising from surface hazards (such as potholes), equipment failure, weather conditions, inadequate safety equipment, use of equipment or materials provided by City and others, inadequate adult supervision, and the negligence of the Participant or others; and the possibility of serious physical and/or mental trauma, injury or death associated with the Race or associated activities. 2. Before the Race, I will inspect the course, facilities and the equipment to be used in the Race and, if I believe that anything is unsafe, I will immediately so advise Cityâ€™s representatives at the Race and will refuse to allow the Participant to participate in the Race until such unsafe conditions are corrected. 3. I will accompany and supervise any minor Participant in the Race. I agree that City has no responsibility to supervise the Participant in the Race. Â 4. The Participant does not have any physical or mental condition which would endanger the Participant or others through participation in the Race. I agree that provision of medical services and other aid rendered to the Participant during or after the Race is not an admission of liability. 5. I understand that the Race and its participants may be photographed, filmed or recorded. I agree that any resulting likeness of the Participant may be used for any legitimate purpose by City and Race sponsors. 6. I waive, release and forever discharge City, Cottonwood Heights Parks and Recreation Service Area, Brooksee LLC, any Race sponsors, and any of their respective officers, employees, agents, licensees, volunteers, or other related parties, the owners or occupants of any premises used in the Race, or any other participants in the Race (collectively, the â€œReleased Partiesâ€), from any and all claims, demands, losses, liabilities, damages, costs and fees (including attorneys fees) on account of any personal illness or injury (including death) or property damage arising from or in any way relating to the Participantâ€™s participation in the Race, whether caused by negligence or otherwise. I acknowledge and agree that an effect of this Release is to free the Released Parties from any liability for injuries or death sustained by the Participant resulting from the Participantâ€™s participation in the Race. I understand that if the Participant is injured in the Race, this Release will be used against me, the Participant and anyone else claiming damage. 7. This Release shall be governed by Utah law. This Release may not be modified orally. If any provision of this Release is unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this Release and shall not affect the validity of any remaining provisions. 8. I reserve the right to terminate this Release upon written notice to City prior to the Race, whereupon the Participant shall not participate in the Race.
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 LLC, USA Track and Field, sponsors, affiliates, volunteers, and individual race 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 LLC. 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 LLC 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 LLC 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 LLC is not responsible for any omissions or inaccuracies, or for the results obtained from this information.
Race Entry LLC 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 LLC 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 LLC .