Participant Release of Legal Claims (Release)
The Great Pumpkin Dash Race
WAIVER: I, the undersigned participant (and my parent or guardian if I am younger than 18 years of age),
I, the undersigned participant (and my parent or guardian if I am younger than 18 years of age), have registered to participate in the 2019 The Great Pumpkin Dash (the EVENT) which is scheduled for October 13, 2019.
I certify that I am aware of the potential dangers and risks associated with participation in the EVENT, including but not limited to: collisions and falls, illness, infection, premises defects, dangerous conditions of any property, facilities, or equipment used during the Event, variations in the terrain, impact or collision with exposed rock, earth, trees, other natural and manmade objects, other participants, event staff, spectators, and obstacles; changing weather conditions; negligence of other participants and; negligence on the part of Mt. Holiday, the EVENT sponsor, the property owners, and their agents, officers, directors, employees, volunteers, insurers, venue, sponsors, contractors and assigns, and all persons/companies officially connected with the EVENT; any of which may result in personal injuries including paralysis, brain damage and death and property damage.
I voluntarily accept and assume all risks in connection therewith, including risks resulting from my own actions as well as the actions of others, including, but not limited to, other participants, event staff and spectators. In consideration of being allowed to participate in the EVENT, I HEREBY EXPRESSLY AGREE TO ASSUME THE RISKS AND WAIVE ALL CLAIMS THAT I AND/OR THE MINOR HAVE OR MAY HAVE IN THE FUTURE RELATEDTO PARTICIPATIN IN OR PRESENCE AT THE EVENT.
What I Agree to Pay For
If any Releasee is sued or has to pay anyone else because of my conduct, I will reimburse them for all their legal costs, fees and payments.
My Health; Permission to Get Medical Help
I don’t know of any personal health condition that would get worse if I participate in the Race. I authorize the race volunteers and staff to get emergency medical treatment for me during the Race.
I grant Mt. Holiday permission to use any photo or video in which I appear individually or in a group for purposes of promotion, advertising, product sales or posting on its web site.
If any provision, or portion thereof, of this waiver agreement is, or becomes, invalid under any applicable statute or rule of law, it is to be deemed stricken and the rest of this agreement shall remain in full force and effect.
I HAVE CAREFULLY READ AND UNDERSTOOD THIS RELEASE OF LIABILITY AND INDEMNITY AGREEMENT and voluntarily agree to its terms. I am aware that by signing this document, I am waiving substantial legal rights on my own behalf (or the Minor’s), and on behalf of my (or the Minor’s) estate, heirs, executors and next of kin, including giving up the right to sue. Please check one of the following, then sign and date where indicated:
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, Great Pumpkin Dash and PUPkin Costume Parade, and individual Great Pumpkin Dash and PUPkin Costume Parade 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 .
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