In consideration of being allowed to participate in any way in the NATIONAL ABILITY CENTERâ€™S, related events and activities, I and/ or the minor participant, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, the undersigned:
1. Agree that prior to participating, I will inspect, or if a parent and/ or legal guardian I will instruct the minor participant to inspect, the facilities and equipment to be used and if I believe to the best of my ability that anything is unsafe, I and/ or the minor participant will immediately advise the NATIONAL ABILITY CENTER of such condition(s) and refuse to participate.
2. Acknowledge and fully understand that I and/ or the minor participant, will be engaging in activities that involve risk of serious injury, including permanent disability and death, and severe social and economic losses which might result only from my own actions, inactionâ€™s, or negligence of others, the rules of play, or the condition of the premises or any of the equipment used. Further, that there may be other risks not known to me or not reasonably foreseeable at this time.
3. Assume all the foregoing risks and accept personal responsibility for the damages following such injury, permanent disability or death.
4. Release, waive, discharge and covenant not sue the NATIONAL ABILITY CENTER, its affiliated clubs, their represented administrators, directors, agents, coaches, and other employees of the organization, other participants, sponsoring agencies, sponsors, advertisers, their heirs, and if applicable, owners and leasers of the premises used to conduct the event, all of which are hereafter referred to as â€œreleaseesâ€, from demands, losses or damages on account of injury, including death or damage to property, caused in whole or in part by the negligence of the releasee or otherwise.
5. I hereby grant the National Ability Center (NAC) absolute and unconditional permission to use and assign all rights, title and interest, including copyrights to such still photographed, videotaped, filmed, digitized, or otherwise recorded interview(s), now known or hereafter discovered in which I am recorded, pictured, or a participant, pursuant to the Summit Challenge. In connection with this I release the NAC and its assignees from any and all claims and demands related to such use of my talent, image, voice or performances, including any and all claims for copyright infringement or invasion of privacy. Those acting pursuant to its authority shall have the right to use my name, picture, voice, silhouette, likeness, and biographical material in connection with these recordings, including any and all rights to exhibit or distribute such recordings or edits thereof in whole or in part without restrictions or limitations, and in any medium whether now known or yet to be discovered. Moreover, the NAC and shall not be obliged to make any use of these recordings or exercise any of the rights granted herein.
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, Summit Challenge, and individual Summit Challenge 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 .