LAS VEGAS GREAT SANTA RUN
WAIVER, RELEASE OF LIABILITY, COVENANT NOT TO SUE & IMAGE RELEASE
In consideration of my (“I”, “my” or “myself”) and/or on behalf of my child/minor (under the age of 18 or under legal guardianship, each “the Minor”) participation as a competitor, pet, volunteer (or other staff member) and/or spectator (any of the foregoing, a “Minor and/or Participant”) in the Las Vegas Great Santa Run, or other Opportunity Village-owned, operated, licensed or sponsored event(s) (an of the foregoing and ancillary events/activities/operations related thereto, an “Event”), I, on behalf of myself and the Minor, acknowledge, accept and agree the following:
(1) The risk of serious injury and/or death from the activities involved participating in any Event, as a Minor and/or Participant, is significant and may include, without limitation, the following: (i) sprains; (ii) strains; (iii) fractures; (iv) heat and cold injuries, including burns, heat-related illness and hypothermia; (v) over-use syndrome; (vi) injuries involving acts or omissions of other Event participants or vehicles; (vii) animal bits and/or stings; (viii) contact with poisonous plants; (ix) heart attack; (x) disease or illness, including COVID-19 or any other disease resulting from the SARS-Co V-2 virus, due to exposure to other Minors and/or Participants or a Releasee (as defined herein); (xi) permanent paralysis; and/or (xii) death. While particular rules, equipment and/or personal discipline may reduce this risk, the risk of serious injury and/or death does exist.
(2) AFTER THE OPPORTUNITY TO FULLY INFORM MYSELF ABOUT THE EVENT, ON BEHALF OF MYSELF AND THE MINOR (undersigned) KNOWINGLY, VOLUNTARILY AND FREELY ASSUME AND ACCEPT ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OR ACT OR OMISSIONS OF THE RELEASEES, as hereinafter defined, or others and assume full responsibility and all risks for myself and/or the Minor’s participation in the Event.
(3) I knowingly and voluntarily agree to comply with any stated customary terms and conditions (which have been made available to me) for Minor’s and/or Participant’s participation in an Event. If, however, I observe an unusual and/or significant hazard during my presence at the Event, I will remove myself or the Minor from participation and bring such hazard to the attention of the nearest Event official.
(4) COVID-19: By signing this Waiver, I acknowledge the contagious nature of the SARS-Co V-2 virus (the “novel coronavirus”) and voluntarily assume the risk that I, on behalf of myself, and, if applicable, the Minor may be exposed to or infected by the novel coronavirus by attending and/or participating in the Event, and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to the novel coronavirus or persons with the COVID-19 disease at the Event may result from the actions, omissions, or negligence of myself and others, including, but not limited to, other Minors and/or Participants or any Releasee.
I knowingly and voluntarily agree to comply with and adhere to all necessary and required COVID-19-related safety and risk mitigation practices during my attendance and participation in the Event, whether communicated verbally or in writing. Such practices may include, but are not limited to: (i) recognized social distancing practices (i.e. maintaining 6-feet of space between myself and other individuals); (ii) wearing a proper face mask; and (iii) washing hands and/or using hand sanitizer frequently and avoiding touching of the face. I acknowledge and agree that my, or the Minor’s, compliance with these safety and mitigation practices is not only for my own benefit but also for the benefit of other Minors and/or Participants and the Releasee parties at the Event. I voluntarily assume the risk that I, on behalf of myself, and if applicable, the Minor, may be exposed to the novel coronavirus or persons with the COVID-19 disease as a result from a failure to comply with such practices.
Further, notwithstanding the foregoing, I agree that I, on behalf of myself or the Minor, will neither attend nor participate in an Event if I or the Minor have, within the past 14 days: (i) have a suspected/confirmed case of COVID-19; (ii) experienced any symptoms of COVID-19 including, without limitation, fever, cough or shortness of breath; or (iii) have been in close contact with a person known to have COVID-19 (or any known symptoms thereof).
(5) To the fullest extent permissible by applicable law, I, on behalf of myself, and/or the Minor (if applicable), and our respective heirs, assigns, spouses, partners, personal representatives and/or next of kin, forever WAIVE, RELEASE, DISCHARGE and COVENANT NOT TO SUE OPPORTUNITY VILLAGE and their respective owners, officers, directors, employees, contractors, representatives, agents and affiliates and, as applicable, any direct or indirect parent or subsidiary, predecessor, successor, heir, assign, media partners, associated charity, sponsor or medical providers of any of the foregoing (collective, the “Releasees”) WITH RESPECT TO ANY SUITS, CLAIMS, OR LOSS AND ALL INJURY, DISABILITY, DEATH, AND/OR LOSS OR DAMAGE TO PERSON OR PROPERTY, IN CONNECTION WITH MY OR THE MINOR’S PARTICIPATION IN THE EVENT, WHETHER ARISING FROM THE NEGLIGENCE OR WILLFUL CONDUCT OF THE RELEASEES OR OTHERWISE. I further agree to indemnify, defend and hold harmless Releasees from any loss, liability, cost, claim and/or damages arising from Minor’s and/or Participant’s participation in or association with the Event, including, but not limited to, reasonable attorney’s fees.
(6) I, on behalf of myself, and/or the Minor, attest and verify that: (i) unless indicated below, I am over 18 years of age and am legally signing on behalf of myself or, if applicable, the Minor; (ii) Minor and/or Participant is free from all illnesses, injuries and defects that could interfere with any person’s (including his or her) safe participation in an Event; (iii) Minor and/or Participant is physically fit and sufficiently trained to participate in all activities associated with the Event; and (iv) on the date of the Event, Minor and/or Participant will possess and be covered by medical/health insurance, individually or as part of an organization. I acknowledge that Minor and/or Participant, and I, as the Minor’s parent/legal guardian (if applicable), am aware and informed of the inherent risks in participating in the Event and that Minor’s and/or Participant’s participation in an Event is entirely voluntary.
(7) I, on behalf of myself, and/or the Minor, consent to administration of first aid and other medical treatment and related services, including evacuation/transport, in the event of injury or illness in connection with participation in the Event and hereby release and indemnify Releasees from any and all liability or claims arising out of such treatment and/or services. I further consent and agree to obtain, furnish and allow, if required, the use and disclosure of my personal health information by such providers in connection with rendering services and or treatment, and to sign any additional documents that may be requested by such providers, in connection such information or services.
(8) I, on behalf of myself, and/or the Minor, agree that runner packets will only arrive before December 5, 2020 if myself and/or the Minor register on or before 11:59:00 p.m. on November 6, 2020. I understand that should myself and/or the Minor register after 12:00:00 a.m. on November 7, 2020, our runner packets have no guarantee of arriving before December 5, 2020.
(9) The Releasees reserve the right, in their sole determination, to postpone, cancel or modify the Event due to weather conditions or other factors beyond the control of the Releasees that might affect the health and/or safety of Minors and/or Participants. Opportunity Village and the Las Vegas Great Santa Run will not be obligated to refund any Minor and/or Participant any registration fees due to a cancelled Event.
(10) Should I bring a dog, cat, bird, goat, or any other animal (collectively, “Pet”), I understand that my actions and the actions of my Pet during the Event may result in injuries and damages to myself and others, whether anticipated or unanticipated or foreseeable or unforeseeable, including to my Pet as well as Pets of others by participating in the Event. I understand that I assume the risk and responsibility for any and all risks associated with participating in the Event, including, but not limited to, injury, death, and property damage to myself, my Pet, or otherwise. I agree to abide by any decision of any Las Vegas Great Santa Run official relevant to my ability or the ability of my Pet to participate in the Event safely. I confirm and assure that my Pet has current Rabies, DHLP, Parvo, and Bordatella vaccinations, is in good health, is able to tolerate the presence of crowds and other Pets, and does not normally demonstrate dangerous or aggressive behavior towards persons or other Pets. I, on behalf of myself, and, if applicable, the Minor and Pet, waive and release, covenant not to sue and fully defend, indemnify, hold harmless, and discharge Releasees from any and all claims, demands, causes of action, losses, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) of any kind arising out of my or my Pet’s participation in the Event, regardless of who causes the injury, death, or damage sustained, including negligent rescue operations, and regardless of whether based on fault or negligence or not.
(11) I, on behalf of myself, and, if applicable, the Minor and/or Pet, irrevocably grant unlimited permission to Releasees to use, reproduce, sell, disseminate and distribute any and all photographs, images, videotapes, motion pictures, recordings, or any other depiction of any kind of Participant or my or the Minor’s and/or Pet’s participation in an Event or related activity for any legitimate purpose in perpetuity and I understand that Minor and/or Participant will not be entitled to any compensation in connection therewith. I further hereby irrevocably and absolutely grant permission to the Releasees to film, videotape and record the performance of the Minor and/or Participant in the Event and subsequently to telecast, sell, distribute and otherwise utilize the same in whatever manner Releases shall deem appropriate. Such permission shall include granting the unlimited and irrevocable rights to Releasees, without compensation of any kind to Minor and/or Participant, to use, reproduce or broadcast, Minor’s and/or Participant’s name, nickname, image, likeness, voice, photograph, signature facsimile, and biographical information in connection with the Event. I acknowledge that Releasees shall have unlimited right throughout the world to copyright, use, reuse, publish, republish, broadcast and otherwise distribute depictions of or information about Minor and/or Participant and all or any portion of the Event in which Minor and/or Participant may appear on any and all radio, network, cable and local television programs and in any print materials and in any other format or media (including electronic media) now known or hereafter devised in perpetuity and without compensation to Minor and/or Participant.
(12) In consideration and in return for being allowed to participate in the Event, Minor and/or Participant releases and agrees not to sue the Releasees from all present and future claims regarding Minor’s and/or Participant’s participation in events organized by the Releasees, including the Event, by Minor and/or Participant and his/her heirs, assigns, spouses, partners, personal representatives and/or next of kin.
(13) If any of the provisions of this Waiver, Release of Liability, Covenant Not to Sue & Image Release (“Waiver”) shall be deemed by a court of competent jurisdiction invalid or unenforceable in any respect, then, to the fullest extent permitted by applicable law, all other provisions hereof shall remain in full force and effect.
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, Las Vegas Great Santa Run, and individual Las Vegas Great Santa 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 .