Monster Mash Marathon; Half Marathon and 5K benefiting the Wounded Warrior Project held on October 17, 2020LIABILITY RELEASE, INDEMNITY, PROMISE NOT TO SUE, AND AUTHORIZATION AND RELEASE OF LIKENESS PLEASE READ CAREFULLY BEFORE SIGNING I, the undersigned, in consideration of my and/or my child’s or ward’s participation in the Monster Mash Marathon; Half Marathon and 5K benefiting the Wounded Warrior Project and any related activities (collectively, the “Event”), wherever the Event may occur (Dover International Speedway & Dover Downs Hotel Casino), acknowledge that I am aware that my or my child’s or ward’s participation in the Event involves risks, which among other things, include but are not limited to scrapes, bruises, twisted ankles and various injuries to the body, including death and heat and stress related issues, and I freely assume on my own and/or my child’s or ward’s behalf all risks incidental to such participation. In consideration of my and/or my child’s or ward’s participation in the Event and in my own and/or my child’s or ward’s behalf, and on behalf of my and/or my child’s or ward’s heirs, executors, administrators, successors and assigns, I hereby release, covenant not to sue, and forever discharge the Released Parties (as defined below) of and from all liabilities, claims, actions, damages, costs and expenses of any nature arising out of, related to, or in any way connected with my or my child’s or ward’s participation in the Event and/or any such related and associated activities, and further agree to indemnify and hold each of the Released Parties harmless from and against any and all such liabilities, claims, actions, damages, costs and expenses including by way of example, but not limited to, all attorneys’ fees, costs of court, and the costs and expenses of other professionals and disbursements up through and including any appeal. I, for myself and my child and/or ward, understand that this release and indemnity includes any claims based on the negligence, action or inaction of any of the Released Parties and covers bodily injury (including, without limitation, death), property damage, and loss by theft or otherwise, whether suffered by me or my child or ward either before, during or after such participation. I declare that I and (if participating) my child or ward are physically fit and have the skill level required to participate in the Event and/or any such related and associated activities. I further authorize medical treatment for me and/or my child or ward, at my cost, if the need arises. For the purposes hereof, the “Released Parties” are: the Monster Mash Marathon; Half Marathon and 5K benefiting the Wounded Warrior Project, its directors, officers, employees, agents, and Event sponsors together with their subsidiary, affiliated and related entities of each of them, and the trustees, officers, directors, employees, and volunteers of any of them. I understand that the entry fee for the Event is non-refundable and non-transferrable. I further understand that the Event sponsors reserve the right to postpone or cancel the Event due to circumstances out of the sponsors’ control such as weather, natural disasters or other emergencies. No refunds will be issued under these circumstances. The Event sponsors may also alter the course and distances for the safety of the participants. I further grant the Released Parties the right to photograph and videotape me and my child or ward and further to display and use my and my child’s or ward’s name, face, likeness, voice, and appearance forever and throughout the world, in all media, whether now known or hereafter devised (including, without limitation, in online web casts, television, motion pictures, films, newspapers, and magazines) and in all forms including, without limitation, digitized images, whether for advertising, publicity, or promotional purposes, including, without limitation, publication of the Event or the Released Parties, without compensation, reservation or limitation. I HAVE READ, UNDERSTOOD AND ACCEPT THE CONDITIONS OF THIS LIABILITY RELEASE, INDEMNITY, PROMISE NOT TO SUE, AND AUTHORIZATION AND RELEASE OF LIKENESS.
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, Monster Mash Marathon, Half Marathon, 5K, and individual Monster Mash Marathon, Half Marathon, 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 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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