I know and understand that running in a road race is a potentially hazardous activity. I hereby certify that I am in good condition and medically able to run and properly trained for the Optometry Cares Virtual 5K (hereinafter the “Event”). I acknowledge that if I am registering someone other than myself, that I am the legal guardian for that individual or I have Power of Attorney for that individual and will be prepared to provide evidence of that at the time of collecting the race number. I agree to abide by any decisions of a race official relative to my ability to safely complete the Event. I expressly assume any and all risks associated with running in the Event, including to but not limited to: falls, contact with other participants, effects of the weather, traffic, the condition of the road, the condition of the equipment such as a treadmill, gastrointestinal discomfort, the novel Coronavirus (COVID-19), serious injury, and death. All such and related risks are known and appreciated by me.
Having read and understood this waiver and in consideration of your accepting my entry, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, I, for myself and my predecessors, successors, heirs and assigns, hereby unconditionally release, waive, exonerate, discharge, indemnify and hold harmless the Optometry Cares 5K, Optometry Cares – The AOA Foundation, the American Optometric Association, Race Services, Runners Roost, employees, race organizers and volunteers, and all sponsors, and all of the those entities’ parents, subsidiaries, branches, divisions, affiliates, and related entities and all present and former officers, directors, employees, accountants, attorneys, consultants and other agents (all of such entities and individuals are collectively herein called the “Released Parties”) of and from any and all claims, counterclaims, actions, causes of action, demands or liabilities of any nature whatsoever that I now have, may have or have ever had against any of the Released Parties, including but not limited to those matters relating directly or indirectly to my participation in the Event. This Release includes, but is not limited to, any and all claims under any local, state, or federal law, treaty, statute, rule, regulation or ordinance, and all causes of action or claims which I may have against the Released Parties for breach of contract, defamation, invasion of privacy, intentional or negligent infliction of emotional distress, intentional or negligent interference with contract rights or advantageous business relationships, all claims for attorneys’ fees and costs, and any other tort, contract or other type of claim or action whatsoever, without limitation. I attest that I am aware this is a demanding physical activity and have consulted my doctor or other qualified medical professional to ensure that I am in proper physical health to undertake this running event. I will provide any known medical conditions and allergies to the race organizers through my registration form. I recognize that the course is of my own choosing, and there may be unforeseen damage done to the proposed course. I expressly accept responsibility for knowing the course and for any risks entailed in participating on my chosen course. Included in the risks is taking extra precautions due to the outbreak of the novel Coronavirus (COVID-19). Symptoms of COVID-19 include but are not limited to fever, fatigue, new loss of taste or smell, dry cough, and difficulty breathing. I understand COVID-19 symptoms, listed and unlisted on this document, and attest to not having experienced COVID-19 symptoms within the past 14 days, nor have I been diagnosed with COVID-19 within the past 30 days. I understand that the Released Parties cannot be held liable for any exposure to COVID-19 due to my participation in the Event.
I understand that failure to know and follow the race course may cause my disqualification from the Event. NO REFUND WILL BE GRANTED TO ME IN THE EVENT THAT I AM DISQUALIFIED FOR NOT FOLLOWING THE RACE COURSE. I understand that headphones, bicycles, and strollers are not allowed in any event. I will abide by these guidelines. I understand that failure to abide by these guidelines may result in my disqualification from the Event. NO REFUND WILL BE GRANTED TO ME IN THE EVENT THAT I AM DISQUALIFIED FOR FAILURE TO ABIDE BY THESE GUIDELINES. I hereby grant permission to the Event and the Released Parties to use any photographs, motion pictures, recordings, or any other record of this event that may contain my image or likeness, for any purposes. THE EVENT WILL BE HELD RAIN OR SHINE. NO REFUNDS OR ENTRY TRANSFERS WILL BE GRANTED IN THE EVENT OF INCLEMENT WEATHER.
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, Optometry Cares Virtual 5K, and individual Optometry Cares Virtual 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 .