WAIVER – Rich Mountain Fun Run Memorial March (10 July 2021)
RELEASE OF LIABILITY, COVENANT NOT TO SUE, AND HOLD HARMLESS AGREEMENT
BY SIGNING PARTICIPANT REGISTRATION, I RECOGNIZE THAT
I acknowledge that my participation in the Rich Mountain Fun Run and Memorial March involves a risk of injury, including bodily injury, and assume the risk for same. On my own behalf and on behalf of my heirs and legal representatives and to the fullest extent permitted by law, I hereby release and discharge the Rich Mountain Battlefield Foundation, Historic Beverly Preservation, Inc., the Beverly Heritage Center, Beverly-Randolph Heritage Tourism CVB and their respective directors, officers, employees, affiliates, members, volunteers, agents and representatives, of and from any and all liability for injury, death, or damages and/or any other claims, demands, losses or damages, incurred by me in connection with any aspect of the Rich Mountain Fun Run Memorial March.
RELEASE AND COVENANT NOT TO SUE
Therefore, in exchange for being allowed to participate in the event, I release from liability, and promise not to sue, any of the Released Person(s) or their representatives.
I acknowledge that my participation in this event is entirely voluntary and that I have read the rules and agree to abide by them. I certify that I am medically able to perform this event, and am in good health, and I am properly trained to manage the 5.1 miles (8.2 km) of this course. I assume all risks including, but not limited to: the effects of the weather; high heat and/or humidity; freezing cold temperatures; traffic and the conditions of the road including surrounding terrain. I understand that this event may be held on land that may contain uneven ground, variety of vegetation and other potential hazards, as well as in historic buildings of various conditions.
CONSENT FOR PHOTOGRAPHS AND REFUND POLICY
I grant permission to all of the foregoing to use my photographs, motion pictures, recordings or any other record of this event for any legitimate purposes. I understand that this event does not provide for refunds in the event of a cancellation, and by signing this waiver, I consent that I am not entitled to a refund if the event is cancelled before or during the event.
HOLD HARMLESS AGREEMENT
If a person other than myself (for example, any spouse, children, relatives, or any person who was not released under this agreement) asserts a claim against a Released Person surfacing out of harm to me or my property, I promise to pay whatever amounts (including damages, costs, and actual attorney fees) the Released Person incurs because of the claim.
RESPONSIBILITY FOR MINORS (IF APPLICABLE)
I state that I am the legal guardian or parent of named minor child in this registration, and that they are present at this event with my permission and solely at my own risk and responsibility. I agree that all of the terms of this document apply to said named minor child. Waiver acknowledgement on registration for any minor child must be by guardian, on behalf of said registered minor. Please sign with guardian's name.
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, Rich Mountain Memorial March and Fun Run, and individual Rich Mountain Memorial March and Fun 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 .