PARTICIPANT AGREEMENT, WAIVER & RELEASE OF LIABILITY, ARBITRATION AGREEMENT
I AM AWARE AND UNDERSTAND THAT THERE ARE RISKS INVOLVED IN PARTICIPATING IN THE WASATCH SUMMIT CLUB (ORGANIZATION) AND AT ITS ACTIVITIES’ LOCATIONS, INCLUDING, BUT NOT LIMITED TO THE RISKS INVOLVED IN UTILIZING EQUIPMENT OR PARTICIPATING IN ANY PROGRAM, EXERCISE, TRAINING, OR COMPETITION ACTIVITY. THE ACTIVITIES ARE DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS INJURY, DEATH AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF WASATCH SUMMIT CLUB, AND/OR ITS OWNERS, OFFICERS, DIRECTORS, MANAGERS, OFFICIALS, TRUSTEES, AGENTS, STAFF, EMPLOYEES, CONTRACTORS, VOLUNTEERS, OR OTHER REPRESENTATIVES (COLLECTIVELY, THE “ORGANIZATION PARTIES”).
I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES. FOR AND OF CONSIDERATION OF THE RIGHT TO PARTICIPATE AS A MEMBER OF THE ORGANIZATION IN ANY ACTIVITY IN ANY CAPACITY IN ANY DETERMINED PHYSICAL LOCATION, AND INCLUDING DIGITAL PLATFORMS NOT LIMITED TO CLUB WEBSITES, SOCIAL MEDIA, BLOGS, PODCASTS, ETC., I EXPRESSLY AGREE, IN ADDITION TO PAYING ANY FEES DUE FOR SUCH ACTIVITY(IES), TO ASSUME ANY AND ALL RISKS OF INJURY, INCLUDING THE RISK OF INJURY, ILLNESS, DEATH, OR PROPERTY DAMAGE, REGARDLESS OF THE CAUSE OF INJURY, WHETHER CAUSED BY THE NEGLIGENCE OF ORGANIZATION PARTIES OR OTHERWISE, THE ACTIVITY, OR THE DATE OR TIME ON WHICH THE INJURY IS ALLEGEDLY SUSTAINED AND REGARDLESS OF WHETHER THE INJURY OCCURS PRIOR TO, DURING, OR AFTER THE TIME I PARTICIPATE IN THE ACTIVITY OR ACTIVITIES THAT I INTENDED TO PARTICIPATE IN.
I FURTHER ACKNOWLEDGE THAT ORGANIZATION PARTIES WILL EXERCISE BEST EFFORTS TO HOST THE ACTIVITY, BUT THAT IT CANNOT UNDER ANY CIRCUMSTANCE GUARANTEE THE RESULTS OF THE ACTIVITY OR THAT THE ACTIVITY WILL NOT BE MODIFIED, POSTPONED, OR CANCELLED IN ACCORDANCE WITH THE TERMS HEREIN.
In exchange for participation in the activity of participating in activity(ies) (Activity) organized by Organization, I agree for myself and (if applicable) for the members of my family, to the following:
- I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by the Organization Parties.
- I recognize that there are inherent risks associated with the Activity. I acknowledge and understand that obeying and following safety rules and/ or instruction does not guarantee my safety. The Organization is not in any manner an insurer of my safety, and I assume full responsibility for personal injury to myself and (if applicable) my heirs and family members, and further release, discharge, and promise not to sue the Organization Parties for injury, loss or damage arising out of my or my family’s use or presence during the Activity, whether caused by the fault of myself, my family, the Organization Parties or other third parties. I assume all related risks, both known or unknown, foreseen or unforeseen, to me, of my participation in this Activity, including travel to, from and during the Activity.
I further acknowledge the contagious nature of COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing. I further acknowledge that Organization has put in place preventative measures to reduce the spread of COVID-19, but that Organization cannot guarantee that I will not become infected with COVID-19 or any other infectious disease. I understand that it is not possible to prevent against the presence of COVID-19, and the risk of becoming exposed and/or infected by COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, the Organization Parties or other third parties.
- I hereby release and agree to indemnify and defend the Organization Parties, and waive on behalf of myself, my heirs, and my personal representatives, against all claims (including claims of negligence), demands, causes of action, damages, judgments, costs or expenses, including attorneys’ fees and other litigation costs, which may in any way arise from my or my family’s presence during the Activity, including but not limited to, any physical or psychological injury, paralysis, death, illness, damage to my personal property, or other economic or emotional loss, including travel to, from and during the Activity. If Organization incurs any of these types of expenses, I agree to reimburse Organization. I understand that this release discharges the Organization Parties from any liability or claim that I, my heirs, or my personal representatives may have against the Organization Parties with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, the Activity. This liability waiver and release extends to Organization and its owners, officers, directors, managers, officials, trustees, agents, employees, volunteers, or other representatives.
- If I need medical treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. I also herby grant permission to the event directors and any medical staff at the Activity access to all medical records and physicians as needed and authorize medical treatment as needed.
- Organization reserves the right, in its sole and absolute discretion, to modify, postpone, or cancel the Activity due to unforeseen or unavoidable circumstances outside of its reasonable control, including but not limited to, adverse weather conditions (including rain, lightning, or sustained winds), acts of God, or acts of terrorism (each, a “Force Majeure Event”). In the event of a Force Majeure Event, Organization will endeavor to inform participants as quickly as possible. Except as set forth below, where the Activity has to be modified, postponed, or cancelled due to a Force Majeure Event, the Organization Parties shall not be liable for any inconvenience, expenses, costs, injuries, losses, or damages suffered by participants in connection with such Force Majeure Event. I understand and acknowledge that I am purchasing membership in the Organization and that participation in the Activity is free of charge with membership, and that there is no expectation of refund for cancellation of Activity nor personal costs associated with participating in said Activity.
Without limiting the foregoing, Organization reserves the right, in its sole and absolute discretion, to postpone or cancel the Activity due to any formal or informal orders or recommendations issued to Organization by the CDC, public health or any other governmental official with respect to any plagues, epidemics, pandemics, outbreaks of infectious disease or any other public health crisis, including COVID-19 (each, a “Public Health Crisis Event”). In the event of a Public Health Crisis Event, Organization will endeavor to inform participants as quickly as possible. Where the Activity has to be postponed or cancelled due to a Public Health Crisis Event, the Organization Parties shall not be liable for any inconvenience, expenses, costs, injuries, losses, or damages suffered by participants in connection with such Public Health Crisis Event.
- I understand and agree to the following terms and conditions for the use of any still and/or motion picture photography taken in connection with the Activity (hereinafter “Activity Imagery”).
I grant the right and consent to Organization (and any other photography company or individual contracted by Organization) to use, reproduce, display, distribute, publish, copywrite, and make derivative works, in any and all media, of any biographical information furnished by me to the Organization and/ or of my voice, image and/ or likeness recorded while doing anything as part of Organization activity, as well as any Activity Imagery I take and post on the Internet, for any and all purposes, including, without limitation, trade, commercial and editorial usage in any medium now known or later developed anywhere in the world without compensation to me.
I understand and acknowledge that Activity Imagery, including Activity Imagery I post on the Internet, may not be used for any commercial purpose without prior written permission from Organization.
I assign to Organization a joint ownership in the copyright to my Activity Imagery for the purpose of enabling Organization to enforce that copyright against any third party that uses my Activity Imagery in a manner not authorized by these terms and conditions. I appoint Organization as my attorney-in-fact to execute any documents necessary to effectuate such assignment. Because I understand that, without prior written permission from Organization, I have no right to sell, transfer, license, sublicense or give any of my Activity Imagery to any other party for commercial use, if a third party obtains and uses any of my Activity Imagery for commercial purposes without written permission from Organization, I agree that any permission, license, or right I may have granted this third party is void and invalid, and that Organization has the absolute right, as joint copyright owner, to require the third party to cease all commercial use of the Activity Imagery.
I agree that if Organization notifies me that any Activity Imagery that I have posed or caused to be posted on the Internet must be removed, for whatever reason in Organization’s sole discretion, I will promptly remove or cause to be removed those images. Organization, as joint copyright holder, reserves all rights to revoke any license that was erroneously placed on Activity Imagery in violation of these terms and conditions and may cause the removal of such Activity Imagery on any webpage on which it is displayed.
Any party interested in making any commercial use of Activity Imagery must enter into a separate written agreement with Organization.
- I agree and acknowledge that any legal or equitable claim, dispute or controversy that may arise from or relate to my participation in the Activity or arising in connection with this agreement (other than claims related to actual or threatened infringement, misappropriation or violation of Organization’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights) (“Disputes”) shall be resolved exclusively by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to any such Dispute, I agree that the arbitrator will decide that issue. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA then in effect. This agreement shall be interpreted under Utah law. I understand that this document is written to be as broad and inclusive as legally permitted by the State of Utah. I agree that any lawsuit filed against Organization will be filed in Utah state court or federal court in Utah, and that Utah law will apply.
I acknowledge and agree that I am waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless Organization otherwise agrees in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding.
All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement or to enforce an arbitration award.
I am 18 years or older. I understand the legal consequences of signing this document, including (a) releasing the Organization Parties from all liability, (b) promising not to sue the Organization Parties, (c) and assuming all risks of participating in this Activity, including travel to, from and during the Activity. This Agreement and its terms are perpetual, do not expire and apply to each and every day (today and in the future) that I participate in Activity of the Organization and as a member of Organization, even if such days are not consecutive and each and every injury I sustain regardless of whether I sign this Agreement prior to or after sustaining the injury. I agree that if any portion is held invalid or unenforceable, I will continue to be bound by the remaining terms. I have read this document, and I am signing it freely. No other representations concerning the legal effect of this document have been made to me.
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, CLUB MEMBERSHIP, and individual CLUB MEMBERSHIP 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 .