I, being of legal age, have requested that the University of Notre Dame du Lac, Notre Dame, Indiana (the “University”) permit me and my minor child/ren to participate in the Domer Run (the “Run”). I understand and acknowledge that our participation in the Run is totally voluntary. In consideration of the University's agreement to permit me and our minor child/ren to participate in the Run, the receipt and sufficiency of which consideration is acknowledged, I agree as follows:
1) I, individually, and on behalf of my minor child/ren and our respective heirs, successors, assigns, and personal representatives, acknowledge and accept that: (a) there are certain risks, both known and unknown, including serious bodily injury, partial or permanent impairment or disability, spinal cord injury, severe head trauma, concussion, brain injury, neck injury, fractures, sprains, back injury, paralysis, cardiac arrest, stroke, illness, infection (including by COVID), disease and death, emotional and psychological injury, mental anguish and social and economic losses that could result from my participation, or the participation of my minor child/ren in the Run that will include physical and athletic activities; (b)such risks may result not only from my own actions, inaction, or negligence, but also the action, inaction, or negligence of others, including the rules of play, the condition of the premises, or the equipment used; and (c) the nature of such risks is that the safety or preventative measures, protocols, or precautions implemented by the University to address the risks will not eliminate these risks to me or my minor child/ren. I knowingly and voluntarily agree to assume the risks of these inherent dangers in consideration of the University's permission to allow me and/or my minor child/ren to participate in the Run.
2) I, individually, and on behalf of my minor child/ren and our respective heirs, successors, assigns and personal representatives, release, acquit and forever discharge the University, and its employees, students, agents, officers, trustees and representatives (in their official and individual capacities) from any and all liability whatsoever, including liability for the University's own negligence, for any and all damages, losses or injuries to persons and/or property, including death, mental anguish or emotional distress, including but not limited to any claims, demands, actions, causes of action, damages, costs, expenses (including hospital and medical expenses and deductibles) and/or attorneys’ fees, which arises out of or results from my minor child/ren’s and/or my participation in the Run including travel. This release includes, but is not limited to, any loss, claim, demand or suit that my minor child/ren might assert once he/she attains the age of majority.
3) I, individually, and on behalf of my heirs, successors, assigns and personal representatives, agree to indemnify, defend and hold harmless the University, and its employees, students, agents, officers, trustees and representatives (in their official and individual capacities) from any and all liability, loss or damage they or any of them may incur or sustain as a result of any claims, demands, actions, causes of action, judgments, costs or expenses, including attorneys’ fees, which result from, arise out of or relate to my minor child/ren’s and/or my participation in the Run, including travel.
4) I agree that this Waiver, Release and Indemnification Agreement is governed by the laws of the State of Indiana and is intended to be as broad and inclusive as permitted by Indiana law. If any portion of this Agreement is held invalid, it is agreed that the balance of this Agreement shall, notwithstanding, continue in full legal force and effect. In the event of any cause of action, I agree that exclusive jurisdiction concerning this Agreement lies with the St. Joseph County Superior Court or the U.S. District Court for the Northern District of Indiana.
5) I acknowledge that participation in the Run may be physically strenuous. I acknowledge that I have been advised by the University to obtain a physical examination for myself and my minor child/ren by a qualified physician before participating in the Run and represent to the University that I, and my minor child/ren, are in good physical condition and fit for the activities in which I am requesting permission to participate.
6) I hereby consent to any publicity, including the University's use of the name and likeness of my minor child/ren or me, and waive any right to inspect and/or approve the final production of such photographs and/or videos which may be used in connection with participation in the Run.
7) I acknowledge and accept that the University reserves the right to require me and/or my minor child/ren to submit health screenings, including infectious disease health screenings, prior to or during my and/or my minor child/ren’s participation in the Run at the University’s discretion. Refusal to submit to such screenings will result in a denial of entry or removal from the Run. The University reserves the right to refuse to admit into or remove me and/or my minor child/ren from the Run on the basis of demonstrated or suspected illness.
8) In signing this Waiver, Release and Indemnification Agreement, I acknowledge and represent that I have read this entire document, that I understand its terms and provisions, that I understand it affects my legal rights, that it is a binding Agreement, and that I have signed it knowingly and voluntarily.
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, Domer Run, and individual Domer 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 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 .