CSVANW AGREEMENT AND LIABILITY WAIVER
PLEASE READ THE FOLLOWING AGREEMENT AND WAIVER CAREFULLY, AS IT AFFECTS YOUR FUTURE LEGAL RIGHTS. BY PROCEEDING WITH REGISTERING FOR THE EVENT, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE CAREFULLY READ THE AGREEMENT AND WAIVER AND AGREE TO THE TERMS SET FORTH BELOW.
Though you still need to read the entire document, some of the key points of this Agreement and Waiver are highlighted here:
• The activity for which you are registering (the “Event”) may be physically challenging and may pose a risk of discomfort, illness, injury, and even death. You need to be satisfied that you are physically capable of doing the Event without undue risk to your health or your life. We do not conduct health or fitness checks on entrants.
• The Event may involve inherent risks and dangers to participants and observers and, accordingly, you participate or observe at your own risk.
• Where you have registered or entered on behalf of anyone under the age of 18 or have accompanied anyone under the age of 18 to observe the Event, you also agree to the contents of this Agreement and Waiver on behalf of the person under 18.
In consideration of being permitted to register and/or participate in and/or observe the Event, on behalf of yourself and any personal representatives, assigns, heirs, executors, successors, next of kin, and persons supported by you (if relevant under the applicable laws), you understand that:
1. Authority to Register and/or to Act as Agent
You represent and warrant to Coalition to Stop Violence Against Native Women (“CSVANW”) that you have full legal authority and capacity to complete the registration for the Event, including this Agreement and Waiver, on behalf of yourself and/or, where applicable, any party for whom you are registering (the “Registered Parties”), including full authority to make use of the credit or debit card to which registration fees will be charged.
If you are registering a child under the age of 18 or an incapacitated adult, you represent and warrant that you are the parent or legal guardian of that party and have the legal authority and capacity to enter into this Agreement and Waiver on their behalf.
To the extent permitted by law, each person agreeing to this Agreement and Waiver agrees to indemnify, defend, and hold CSVANW harmless from any liability, claim, demand, cause of action, damage, loss, or expense.
2. Assumption of Risk
In consideration of the acceptance of your registration and participation in the Event, you assume full and complete risk and responsibility for any discomfort, illness, injury, or accident which may occur:
- While preparing for the Event
- During the Event
- While on the premises of the Event
- While traveling to or from the Event
You understand that participating in the Event may be hazardous, and that you should not participate unless you are medically able and properly trained.
You should consult your doctor before participating.
You acknowledge and agree that participation in the Event may carry inherent risks that cannot be eliminated completely, ranging from minor discomfort to catastrophic injuries, including permanent disability and death.
You assume all risks associated with participating in the Event, including risks related to:
- Falls
- Obstacles
- Contact with other participants
- Weather conditions
- Traffic
- Road conditions
- Other hazards
3. Representations
You represent and warrant that:
- You are in good physical condition.
- You are able to safely participate in the Event.
- You have no medical condition that would make participation more hazardous.
You consent to medical care and transportation in the event of injury and assume liability for any medical expenses related to your participation.
You agree to:
- Follow all posted rules and warnings.
- Follow instructions from CSVANW or Event organizers.
- Respect other participants, equipment, facilities, and property.
- Obey all applicable laws.
Event officials may dismiss you, without refund, if your behavior endangers safety or negatively impacts the Event.
You understand that you are responsible for your personal belongings. CSVANW and Event organizers are not responsible for lost, damaged, or stolen property.
The Event organizer reserves the right to cancel the Event due to:
- Weather
- Natural disasters
- Accidents
- Acts of war or terrorism
- Safety concerns
- Any reason affecting the feasibility of the Event
Refunds are not guaranteed unless authorized by the Event organizer.
4. Release and Waiver of Liability
You waive, release, covenant not to sue, and forever discharge CSVANW and all persons associated with the Event from all liabilities, claims, actions, or damages arising from your registration and/or participation.
CSVANW shall not be liable for direct, indirect, incidental, special, consequential, or exemplary damages related to your participation in the Event.
5. Indemnity
You agree to indemnify, defend, and hold harmless CSVANW and all persons associated with the Event from liabilities connected with:
- Your participation in the Event
- Your use of CSVANW services
- Any violation of this Agreement and Waiver
6. Disclaimer of Warranties
You agree that use of CSVANW services is at your sole risk.
CSVANW services are provided “as is” and “as available.”
CSVANW does not guarantee:
- Services will be uninterrupted
- Services will be error-free
- Information provided will always be accurate or complete
7. Use of Likeness
You grant CSVANW and the Event organizer permission to:
- Photograph you
- Record your voice
- Capture video recordings during the Event
You grant permission for CSVANW to use your image, voice, and likeness for legitimate purposes, including promotional and media purposes, without compensation.
You understand these recordings and photographs become the property of CSVANW and/or the Event organizer.
8. Severability
If any provision of this Agreement and Waiver is found unenforceable, the remaining provisions remain valid and enforceable to the fullest extent permitted by law.
9. Acceptance
By indicating acceptance of this Agreement and Waiver, you confirm that:
- You have read this Agreement and Waiver.
- You fully understand its terms.
- You understand that you and all registered parties are giving up substantial rights, including the right to sue.
- You agree freely and voluntarily.
If the participant is a minor or incapacitated adult, you certify that you are the participant’s parent or guardian and agree to this waiver on their behalf.
10. Applicable Law; Consent to Jurisdiction
Except as prohibited by law, you agree that any claim, controversy, or legal dispute related to this Agreement and Waiver will be resolved through binding arbitration.
This includes disputes related to CSVANW, the Event, or participation in the Event.
