Foamy 5k - 2024

PARTICIPANT RELEASE WAIVER 

ATHLETE hereby covenants not to sue RELEASEES and fully and forever releases, waives, and discharges RELEASEES from all liability. ATHLETE agrees to assume all responsibility for all loss(es) or damage(s) and any and all claims or demands therefore, on account of injury to ATHLETE or property or resulting in the death of ATHLETE, whether caused by the active or passive negligence of all or any of RELEASEES or otherwise, in connection with ATHLETE'S participation in the race. 

ATHLETE fully understands and is aware of all potential risks, accidents, injuries, and adverse health consequences in participation during the Foamy 5k. ATHLETE agrees not to participate against medical advice or with any knowledge of health conditions that would place ATHLETE at special risk by participating. Athlete agrees to cease running and seek assistance if adverse health symptoms develop before/during/after participation. 

RELEASEES encourage and warn ATHLETE to not use any type of personal music device and headphones during participation. ATHLETE hereby assumes all responsibility for any outcomes or legal issues that arise from the use of such equipment during the race. ATHLETE agrees not to use or encourage the use of the following items on the racecourse: rollerblades, bicycles, dogs or animals, joggers/strollers, scooters, skateboards, and any other device that may endanger the other participants or put ATHLETE at an advantage over the other participants. ATHLETE fully and forever gives permission to the Foamy 5k and its assignees to reproduce or use my image or video without cost or reimbursement, on video, photographic, or any other media, for race products and/or promotional purposes. 

ATHLETE acknowledges that the entry fee is non-refundable in any way and that entry fees are transferable to other City of Rexburg races during the same calendar year or one year later if requested before July 1; any increased differences will be paid by ATHLETE. RELEASEES reserve the right to cancel, delay, or prevent the race from taking place by reason of fire, heat, flood, lightning, hurricanes, tornadoes, earthquakes, public disaster, unavoidable casualty, or any other cause beyond the control of RELEASEES; upon cancelation, there shall be no refund of the entry fee or any other costs of ATHLETE in connection with the race. 

RELEASEES (Foamy 5k, City of Rexburg, Idaho Transportation Department, Madison County Sheriff's Office, Idaho State Police, all municipal agencies whose property and/or personnel are used, and all other sponsoring companies/individuals related to 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, sponsors, affiliates, volunteers, Foamy 5k, and individual Foamy 5k 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 .