Injury may result from your participation in this event/program. Additionally, property damage or loss may occur. You are expected to familiarize yourself with the rules of conduct for the event as well as Utah Division of State Parks and Recreation policies. You are expected to follow proper operating procedures including safety procedures, plus any directions given by the event organizer or an authorized park employee.
The undersigned, being at least eighteen years of age, and in consideration of participation in an independent program occurring in or about a Utah State Park (hereinafter â€œevent/programâ€), does hereby agree to this waiver and release.
I do hereby agree to assume all risks which may be associated with or may result from, my participation in this event/program, including but not limited to the actual course of activities or while using the facility, parking lots, transportation or access to State Parkâ€™s facilities and recreation sites. I acknowledge that this particular program, while conducted on State Park land or facilities, is not under the supervision, regulation or control of Utah Division of State Parks and I cannot rely on the Utah Division of State Parks and Recreation to exercise any supervision, regulation or control of the program.
I recognize that participation in the event/program may involve moderate to strenuous physical activity and may cause physical and or emotional distress to participants. There may also be associated health risks. I state that I am free from any known heart, respiratory or other health problems that could prevent me from safely participating in any of the activities.
I certify that I have medical insurance or otherwise agree to be personally responsible for costs of any emergency or other medical care that I receive. I agree to release James Hubbard, Salt Lake Open Water, the State of Utah, Utah Division of State Parks and Recreation and its agencies, departments, officers, employees, agents and all sponsors, officials and staff or volunteers from the cost of any medical care that I receive as a result of participation in the event/program.
I further agree to release James Hubbard, Salt Lake Open Water, the State of Utah, Utah Division of State Parks and Recreation and its agencies, departments, officers, employees, agents and all sponsors, officials and staff or volunteers from any and all liability, claims, demands, breach of warranty, negligence, actions, and causes of actions whatsoever for any loss, claim, damage, injury, illness, attorneyâ€™s fees or harm of any kind or nature to me arising out of my participation in the event/program. This release extends to any claim made by my family, estate, heirs, or assigns arising from or in any way connected with the aforementioned activities.
Consent is expressly given, in the event of injury, for any emergency aid, anesthesia and / or operation, if in the opinion of the attending physician, such treatment is necessary.
I have carefully read and understand the contents of the foregoing language and I specifically intend it to cover my participation in the above stated event/program.
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, Deer Creek Open Water Marathon Swim, and individual Deer Creek Open Water Marathon Swim 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 .