Cougs Vs Cancer Global Run - 2022

Assumption of Risk, Waiver of Liability, and Indemnification Agreement

IMPORTANT: This is a legally binding document. This document must not be altered, or it will become void. Please read and understand before signing.

In consideration for my being permitted to participate in the activities associated with the Cougs vs. Cancer Run (the “Activity”) to be held on Saturday, March 12, 2022, at Brigham Young University (“BYU”), held at the Robinson Outdoor Track, sponsored by the Chemistry Department, I agree to the terms of this Assumption of Risk, Waiver of Liability and Indemnification Agreement (this “Agreement”) and make the following representations as follows:

Assumption of Risk. I understand that the Activity includes participation in running. I also understand that there are inherent risks to the Activity, which include, but are not limited to: cuts, bruises, blisters, broken bones, strains, sprains, falls, concussions, torn muscles, internal injuries, spinal injuries; injuries caused by other participants, blows to the body, face or head, exhaustion, dehydration; physical or emotional distress; injuries from contact with equipment; injuries occurring from colliding with other participants or objects; bad decision-making; inattention of or actions of other participants; misuse or failure of equipment; damage to clothing and other personal items; traveling on path next to motorized vehicles, injuries from walking or running over uneven surfaces; accidents that may occur while traveling to route; getting lost; pulled muscle, muscle cramp or spasm; cardio or respiratory failure, strokes, fatigue, and other ailments incident with extreme physical stress and exertion; animal or bug bites or stings; sunburn; hypothermia, heat-related illness; adverse weather conditions including lightning, rain, hail, wind, snow, ice, cold, heat and other weather related phenomena; communicable diseases and other risks, hazards, or accidents, whether foreseen or unforeseeable. I acknowledge that the above list is not inclusive of all possible risks associated with the Activity, and I agree that the list in no way limits the extent or reach of this Agreement. I voluntarily assume all risks associated with the Activity, including personal injury, paralysis or death, and property damage or loss, with full knowledge and appreciation of the dangers and risks involved. 

Waiver of Liability and Indemnification. I hereby knowingly and intentionally release, hold harmless, indemnify, defend, and covenant not to sue BYU, its respective directors, successors, assigns, officers, employees, volunteers, contractors and agents (the “Released Parties”), from and for all claims of loss, damage, or liability, including claims of personal injury, paralysis or death, and property damage or loss, which may result from my participation in the Activity. This waiver of liability is effective even if the damage injury or loss results from the ordinary negligence or omissions of the Released Parties. 

Ability to Participate. I certify that I have sufficient physical and mental health and stamina to safely participate in the Activity. I agree to pay attention to the equipment I may use, and to advise staff members, if I cause any damage or notice any damage. I certify that I have read the posted rules, and I agree to abide by these rules and any rules or reasonable requests communicated to me by staff members. In the event I suffer any injury whatsoever while participating in the Activity, I agree to notify a staff member immediately.

Binding Agreement. This Agreement is effective and binding upon me, my assigns, heirs, representatives, executors and administrators. If any provision of this Agreement is determined to be invalid for any reason, such invalidity shall not affect the validity of any of the other provisions, which other provisions shall remain in full force and effect as if this Agreement had been executed with the invalid provision eliminated. I am at least *18 years of age and otherwise legally competent to sign this agreement. 

I have read, understand, and agree to all the terms of this Agreement and sign it of my own free will.

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, Cougs Vs Cancer Global Run, and individual Cougs Vs Cancer Global Run 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 consent to the collection and use of my Personal Information as contained in the Privacy Policy. I also give my permission for the free use of my name and/or pictures in telecasts, broadcasts, newspapers, posters, advertising, etc.

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 .