Virtual DICK'S Greater Binghamton Marathon - 2021

Name of the Speed Contest: DICK’S Greater Binghamton Marathon I hereby acknowledge that participation in this speed contest constitutes an extreme test of my physical and mental abilities and carries with it the potential for death, serious injury and/or property loss. I hereby expressly assume all risk of injury and damage and release the State of New York, New York State Department of Transportation and any municipality through which this event passes, from all liability and claims of whatever nature or cause which may occur as a result of my participation in this speed contest. I further acknowledge that “No person or entity shall have the right to bring an action against the State or municipality or any person employed by the State or municipality who was acting within the scope of his authority, for damages resulting from or in connection with any such race, contest or exhibitions.” A copy of this waiver shall be retained by the applicant and provided to NYSDOT upon request. I know that running a race is a potentially hazardous activity. I should not enter and run unless I am medically able and properly trained. I agree to abide by any decision of a race official relative to my ability to safely complete the run. I assume all risks associated with running in the 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, 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, I hereby for myself, my heirs, executors, administrators or anyone else who might claim on my behalf, waive and release any and all sponsors, their representatives and successors, from all claims or liability for death, personal injury, or property damage of any kind or nature whatsoever arising out of, or in the course of, my participating in this event whether same be caused by negligence or fault. This release and waiver extends to all claims of every kind or nature whatsoever, foreseen or unforeseen, known or unknown. The undersigned further grants full permission to sponsors and or agents authorized by them to use any photographs, videotapes, motion pictures, recordings, or any other record of this event for any purpose. Minors accepted only with a parent or guardians signature. I understand this event does not provide registration refunds, deferrals, or transfers from one person to another. For safety reasons, organizers strongly recommend that you do not use headphones while racing. Injury due to headphone use is not covered under our insurance policies. There could be many distractions along the course, including spectators, animals, and scenery. Please help keep yourself and other runners safe by running without headphones. For safety and insurance reasons, animals of any kind, children in conventional or jogging strollers, bikes, kettlebells, and in-line skates are not permitted on the course. We do not provide registration refunds, deferrals, or transfers from one person to another. Does hereby covenant and agree to release and hold harmless the Town of Vestal from and against any and all liability, loss, damages, claims, or actions (including costs and attorneys fees) for bodily injury and/ or property damage, to the extent permissible by law, arising out participation in the Greater Binghamton Marathon. I understand participation in the DICK’S Sporting Goods Greater Binghamton Marathon involves rigorous physical activity and risks of physical injury, and I assume these risks. I hereby consent to emergency transportation and treatment in the event of illness or injury. I hereby accept responsibility for the payment of any emergency transportation of treatment. I further certify that I am in good physical condition, and I have no medical or physical conditions that would restrict my participation in this event.

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, Virtual DICK'S Greater Binghamton Marathon, and individual Virtual DICK'S Greater Binghamton Marathon 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 consent to the collection and use of my Personal Information as contained in the Privacy Policy. I also give my permission for the free use of my name and/or pictures in telecasts, broadcasts, newspapers, posters, advertising, etc.

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 .