On Hill Events LLc ACKNOWLEDGMENT, WAIVER AND RELEASE FROM LIABILITY (AWRL), AND REFUND POLICY: ALL ATHLETES MUST READ AND AGREE TO THE WAIVER---THE ACKNOWLEDGMENT, WAIVER AND RELEASE FROM LIABILITY (AWRL). YOU MUST AGREE THAT YOU ARE COMPLETING YOUR OWN APPLICATION. READ CAREFULLY BEFORE CHECKING THE AGREEMENT BOX. YOUR APPLICATION CANNOT BE PROCESSED UNLESS YOU AGREE TO THE WAIVER. REFUND POLICY: Registered Racer Options if Not able to Race on Race Day â€“ Refund Policy Transfer your registration to another runner Change your distance to a shorter/longer distance Defer your registration to another On Hill Events race Refund Policy (No Cash Refunds for any reason) TRANSFER POLICY Transfers include all race extras that were purchased from On Hill Events LLC including early/late packet pickup. Payment for the bib and race extras will be handled between the buyer and seller. This is FREE to the participant to do as long as they do it within 3 days prior to the race. Free transfers will not occur after the 3 day deadline prior to the race and must be done online on our online form on the race registration page. After the 3 day before race day all transfers will need to be processed at the raceâ€™s Packet Pickup/Expo. Only the runner that is purchasing the bib must attend the Packet Pickup. The new runner will need to fill out a hard copy transfer form at the Expo and, upon payment, they will be provided the bib and packet (Results will have correct name however bib will have prior runner name at that point). The new runner will need the original registrantâ€™s name, race confirmation number, and the $5 payment (cash or credit card only, no checks). *Shirt sizes changes are not guaranteed if the racer makes the change after 10 days prior to the race. We will order the original shirt size 10 days prior however if you want to switch sizes you will be able to do so at the end of packet pickup for those transfers after 10 days prior to the race. CHANGE DISTANCE POLICY (Must be for same day race) Shorter Distance Changes: Participants can change to a shorter distance for the race they registered for up until the day prior to the race for free but will sacrifice the difference of price from the higher distance to shorter. Online changes are available up until 10 days prior to the race. Changes after 10 days prior must be done at one of the assigned Packet Pickups. If you change to a lessor distance and do not do it online or 10 days prior or notify the race staff during one of the packet pickups at the computer. You will be disqualified from results if you fail to notify us or make the change! Longer Distance Changes: Participants may change to a longer distance if they pay the difference for the distance and the current price and do so 30 days prior to the race. No longer distance changes will be accepted after 30 days prior to the race. DEFERMENT POLICY Runners will be allowed to defer their registration to a future eligible On Hill Events race event within 13 months of the date of the race with a $15 deferment fee. Only the amount of the registration, not the race extras, USAT Fees (if applicable) or processing fees, will be deferred. A runner who wishes to defer must complete the Deferment form on the race website 30 prior to the date of the original race they registered for. Included in the online deferment form is a list of all eligible On Hill Events races. The runner will be responsible for any difference in price between the original race they registered for and the new race they areÂ deferringÂ to for plus the $15 deferment fee. If the future race is a less price fee, participant will sacrifice the remaining amount of their current fee. REFUND POLICY No cash refunds for any reason. Â On Hill Events Waiver Â I know that running in a road race, triathlon or other event is a potentially hazardous activity. I should not enter and run unless I am medically able and properly trained. I assume all risks associated with running or participating in this event including, but not limited to: falls, contact with other participants, the effects of the weather, including high heat and/or humidity, traffic and the conditions of the road or trail, all such risks being known and appreciated by me. Having read this waiver and knowing these facts and in consideration of your accepting my entry to participate in this race (hereinafter referred to as the "Event") on displayed date (or on such date as may be determined in the event of a postponement of the Event) in the displayed city and state, I, intending to be legally bound, do hereby for myself, my heirs, my executors and administrators agree as follows:Â 1. I do waive and forever release any and all rights and claims for any damages and liabilities of any kind arising out of my participation in the Event against all persons, entities, and agencies involved with promoting the Event, their agents, successors, representatives, and assigns even though that liability may arise out of negligence or carelessness on the part of the persons named in this waiver.Â 2. Further, I assume the risk of all bodily injuries, including death, resulting therefrom, and personal injuries to me and damage to and loss of my property, including loss of use thereof and any other indirect or consequential damages, resulting directly or indirectly, wholly or in part, from my participation in the Event and while traveling to and from the Event;Â 3. Further, I hereby agree to indemnify, defend, and hold all entities involved in the event harmless from and against any and all claims, liabilities, losses, damages, costs, expenses (including attorney's fees), judgments and penalties arising out of any of my acts or omissions to act;Â 4. Further, in the event that the participant is a person under 18 years of age, the agreed to parent or legal guardian of the participant agrees to indemnify, defend, and hold harmless the entities named in paragraph numbered 1 above from and against all claims, liabilities, losses, damages, costs, expenses (including attorney's fees), judgments, and penalties arising out of the participant's participation in the Event.Â 5. Indemnification. You agree to indemnify and hold each of the Event organizers and it's officers and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your participation in the Event or the violation of any term of this Liability Waiver or the Events Terms of Service by you.Â Â Waiver Part 2 (Registration Company and Timing Company) I understand that the event reserves the right to use any and all participant's names and/or likeness with regard to promotional and/or advertising materials.Â B. Further, I understand that all fees are nonrefundable and nontransferable.Â C. Authority to Register and/or to Act as Agent. You represent and warrant to Timing Company and the event organizer that you have full legal authority to complete this event registration, including full authority to make use of the credit or debit card to which registration fees will be charged. In addition, if you are registering third parties, you represent and warrant that you have been duly authorized to act as agent on behalf of such parties in performing this event registration. By proceeding with this event registration, you agree that the terms of this Registration Agreement shall apply equally to you and to any third parties for whom you are acting as agent.Â Compliance with Children's Online Privacy Protection Act (COPPA). You represent and warrant that, in compliance with COPPA, you are over thirteen (13) years of age, and that if you are registering a child under fourteen (14) years of age you are the parent or guardian of such child, and do hereby consent to the collection of such child's personal information by Timing Company.Â D. Limitation of Liability; Disclaimer of Warranties. Timing Company, NOR THE On Hill Events or EVENT, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE TIMING COMPANY OR (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR (C) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH TIMING COMPANY OR (D) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF TIMING COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF TIMING COMPANY IS AT YOUR SOLE RISK. TIMING COMPANY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TIMING COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.Â E. Release of likeness; By entering this event, you, the participant, acknowledge that photographs of you, drawings or other likenesses may be made, and you grant all rights to use these likenesses for advertising purposes by the event for future races, or other purposes, without compensation to you.Â F. Release of name; By registering for this event, you grant the right for your name to be displayed as a registered participant.Â G. Indemnification. You agree to indemnify and hold each of On Hill Events or Timing Company and its officers and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of On Hill Events or Timing Company or the violation of any term of this Liability Waiver or the On Hill Events or Timing Company Terms of Service by you.Â H. Applicable Law; Consent to Jurisdiction. The Timing Company sites (excluding linked sites) are controlled by Timing Company from its offices within the State of Utah, United States of America. By completing this event registration, both you and Timing Company agree that the statutes and laws of the State of Utah, without regard to the conflict of laws principles thereof, will apply to all matters relating to this event registration, this Liability Waiver, or other use of the Timing Company sites. You agree that exclusive jurisdiction for any dispute with Timing Company resides in the courts of the State of Utah and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Utah in connection with any dispute including any claim involving Timing Company or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.Â I. Severability. If any provision of this Liability Waiver shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Liability Waiver and shall not affect the validity and enforceability of any remaining provisions.Â Timing Company makes no warranty that Timing Company sites' services will be uninterrupted, secure or error free. Timing Company does not guarantee the accuracy or completeness of any information in, or provided in connection with, the sites. Timing Company is not responsible for any errors or omissions, or for the results obtained from the use of such information. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Timing Company sites is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data. Acceptance of USATF Wavier of Liability For and in consideration of USA Track & Field, Inc. (“USA Track & Field”) allowing me, the undersigned, to participate in the USA Track & Field sanctioned event described above (the “Event” or “Events”); I, for myself, and on behalf of my spouse, children, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agree to andmake the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement (the “Agreement”); 1. I hereby represent that (i) I am at least eighteen (18) years of age or older; (ii) I am in good health and in proper physical condition to participate in the Event; and (iii) I am not under the influence of alcohol or any illicit or prescription drugs which would in any way impairmy ability to safely participate in the Event. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Event, that I am responsible for my own safety and well being at all times and under all circumstances while at the Event site. 2. I understand and acknowledge that participation in track & field, road running, race walking, cross country, mountain, ultra, and trail running Events is inherently dangerous and represents an extreme test of a person’s physical and mental limits. I understand and acknowledge the risks and dangers associated with participation in the Event and sport of track & field and related activities, including without limitation, the potential for serious bodily injury, sickness and disease, permanent disability, paralysis and loss of life; loss of or damage to equipment/property; exposure to extreme conditions and circumstances; contact with other participants, spectators, animals or other natural or manmade objects; dangers arising from adverse weather conditions; imperfect course or track conditions; land, water and surface hazards; equipment failure; inadequate safetymeasures; participants of varying skill levels; situations beyond the immediate control of the Event Organizers; and other undefined, not readily foreseeable and presently unknown risks and dangers (“Risks”). I understand that these Risks may be caused in whole or in part bymy own actions or inactions, the actions or inactions ofothers participating in the Event, or the negligent acts or omissions of the Released Parties defined below, and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I incur as a result of my participation in any Event. 3. I agree to be familiar with and to abide by the Rules and Regulations established for the Event, including but not limited to the Competitive Rules adopted by USA Track & Field and any safety regulations established for the benefit of all participants. I accept sole responsibility formy own conduct and actions while participating in the Event, and the condition and adequacy of my equipment. 4. I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: USA Track & Field, Inc., itsmembers,member clubs, associations, sport disciplines and divisions;United States Olympic Committee (USOC); the Event Directors,Organizers and Promoters, Sponsors, Advertisers, Coaches and Officials; the Host Organization and the Facility, Venue and Property Owners or Operators upon which the Event takes place; Law Enforcement Agencies and other Public Entities providing support for the Event; and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers (Individually and Collectively, the “Released Parties” or “Event Organizers”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and reasonable attorneys fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate in any way to my participation in the Event, including claims for Liability caused in whole or in part by the negligent acts or omissions of the Released Parties. I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liabilities which any may be incurred as the result of such claim. I hereby warrant that I am of legal age and competent to enter into this Agreement, that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it (including the rights of my spouse, children, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have signed this Agreement without any inducement, assurance or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Utah Department of Transportation Waiver
Each of us individually (and/or as parent and/or guardian of the named minor) do hereby release, remise, waive, and forever discharge the State of Utah, the Utah Department of Transportation, the Utah Transportation Commission, the Utah Highway Patrol, and their officers, agents, and employees from all liability, claims, demands, actions or causes of action whatsoever arising out of or related to loss, or damages and/or injuries, including death, which may result from my participation in the above named event involving roads within the state of Utah.