Release, Waiver, Assumption of Risk, and Indemnity Agreement
In consideration of being permitted to participate in the above-identified Race, I, the undersigned Participant (and my parent or legal guardian if I am younger than 18 years of age), intending to be legally bound, do hereby forever release, waive, and discharge all rights, claims, demands, losses, liabilities, damages, actions, causes of action, expenses, and suits of any kind whatsoever, foreseen or unforeseen, that I, my heirs, executors, administers, and assigns may have or that may hereafter accrue against the LC Valley Down and Dirty Mud Run Inc., The Lewiston Roundup Grounds and adjacent private land-owners and/or their officers, agents, and employees while I am, in any manner, participating in the Race.
I hereby assume full responsibility for the risk of bodily injury, death, and property damage while I am, in any manner, participating in the Race. It is expressly understood that participating in the Race is inherently dangerous; I hereby recognize the dangerousness of such activity, and I desire to participate in the Race being fully aware of such risks. I hereby acknowledge that I should consult with my physician before participating in the Race. I agree that if I experience symptoms such as shortness of breath, chest pain, unusual fatigue, dizziness, fainting, or nausea I will immediately stop participating in the Race and inform a Race staff person or Race volunteer of my symptoms. I authorize any representative of the the LC Valley Down and Dirty Mud Run Inc. to obtain emergency medical treatment for me, including transportation to a hospital or other medical facility.
I agree to forever hold harmless, defend, and indemnify the LC Valley Down and Dirty Mud Run Inc. from any and all claims, including those arising from ordinary negligence, which may arise out of my participation in the Race. This includes, but is not limited to, any economic or non-economic losses due to bodily injury or property damage sustained in connection with my participation in the Race. I agree that the LC Valley Down and Dirty Mud Run Inc. shall not be liable to me for any direct, indirect, special, incidental, consequential, or exemplary damages. I expressly agree that this Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Idaho, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
I further agree that if legal action is brought, it must be brought in the Second Judicial District of the State of Idaho, and I expressly consent to the exercise of personal jurisdiction in such courts. I acknowledge that I have carefully read this Agreement and know and understand the contents thereof and sign this Agreement upon my own free will. I understand that by signing this Agreement, I give up substantial rights that I might otherwise have to recover damages for any losses occasioned by the fault of others, and knowing this, I still choose to sign this Agreement voluntarily, without inducement.
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, LC Valley Down and Dirty Mud Run, and individual LC Valley Down and Dirty Mud 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 .