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, sponsors, affiliates, volunteers, UVU 4.01K Race to Retirement, and individual UVU 4.01K Race to Retirement 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 me 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.
I agree that the statutes and laws of the State of Utah, USA, will apply to all matters relating to this Agreement and Waiver. I irrevocably consent that exclusive jurisdiction for any dispute with Race Entry relating to this Agreement and Waiver resides in the courts of Utah, and I 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.
Utah Valley University Activity Participation Agreement
This Activity Participation Agreement (the “Agreement”) is entered into as of the last signature date below, by and between Utah Valley University, a body politic and corporate of the State of Utah (“UVU”), and Participant.
Participant acknowledges that this Agreement contains, among other provisions, the following contractual terms: an assumption of risk, a covenant not to sue, a release of the Participant’s claims, and indemnification obligations. Participant represents that Participant is 18 years of age or older and is fully competent and authorized to sign this Agreement. In consideration for UVU permitting Participant to engage in UVU 4.01K Race to Retirement, Participant, and for its respective heirs, personal representatives, and assigns, agrees as follows:
Assumption of Risk. Participant represents that Participant is qualified, in good health, and in proper physical condition to participate in UVU 4.01K Race to Retirement. Participant acknowledges and understands that UVU 4.01K Race to Retirement may include but is not limited to the following: physical activities (e.g., running, jumping, climbing); physical exertion such as lifting or moving heavy objects; spending extended periods of time outdoors being exposed to the elements (sun, wind, rain); travel to and from UVU 4.01K Race to Retirement; and consumption of food and/or beverage. Participant acknowledges and understands that Participant may be exposed to certain risks that are inherent in participation in UVU 4.01K Race to Retirement. These risks may include but are not limited to such things as incidents related to the above-mentioned activities, including sprains, broken bones, cuts, bruises, entrapment, temporary or permanent disability, illness, personal injury, and/or death; adverse weather conditions; exposure to theft and other criminal activity; allergic reactions to food and drink items; other physical, mental, and emotional injury; other risks and dangers, whether known or unknown nor reasonably foreseeable. Participant knowingly and voluntarily, accepts, and assumes responsibility for each of these risks and dangers, and all other risks and dangers that could arise out of, or occur during, Participant’s engagement in UVU 4.01K Race to Retirement.
Covenant Not to Sue: Participant agrees that it will not commence any legal action or lawsuit or otherwise assert any legal claim against UVU or its trustees, officers, directors, employees, and agents seeking relief for any claim, whether or not such claim is released or waived under this Agreement. This provision shall survive the termination or expiration of this Agreement.
Indemnification: Participant agrees to indemnify and hold UVU and its trustees, officers, directors, employees, and agents harmless from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees, arising out of Participant’s involvement in UVU 4.01K Race to Retirement and to reimburse UVU for any such expenses incurred. This provision shall survive the termination or expiration of this Agreement.
Release of Claims: Participant releases and fully discharges UVU, including its trustees, officers, agents, and employees, from any and all claims or causes of action that may be brought by Participant, or by any other person (including but not limited to Participant’s estate, family, successors, heirs, representatives, administrators, and/or assigns), including all liability for damage to personal property, personal injury or loss arising out of or related to Participant’s engagement in UVU 4.01K Race to Retirement to the fullest extent permitted by law. This provision shall survive the termination or expiration of this Agreement.
Severability/Governing Law: Participant agrees that this Agreement is intended to be as broad and inclusive as is permitted by the law of the State of Utah and that if any portion hereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. The Agreement shall be governed by the laws of the State of Utah, without regard to conflicts of laws principles. Venue for any lawsuits, claims, or other proceedings between the Parties relating to or arising under the Agreement shall be exclusively in the State of Utah.
Health Insurance and Consent to Medical Treatment: Should Participant require emergency medical treatment as a result of accident or illness arising during UVU 4.01K Race to Retirement, Participant consents to such treatment. Participant acknowledges that UVU will not provide health and accident insurance for Participant, and Participant agrees to be financially responsible for any medical bills incurred as a result of emergency medical treatment.
Likeness Release: Participant authorizes UVU, acting through its agents, employees, or representatives, to take photograph, video, and/or audio recordings of Participant, including Participant’s name, image, likeness, performance, and/or voice (“Recordings”). Participant grants UVU an unlimited right to reproduce, use, exhibit, display, perform, broadcast, create derivative works from, and distribute the Recordings in any manner or media now existing or hereafter developed, in perpetuity, throughout the world. Participant agrees that the Recordings may be used by UVU, including its assigns and transferees, for any purpose including but not limited to marketing, advertising, publicity, or other promotional purposes. Participant agrees that UVU will have final editorial authority over the use of the Recordings, and Participant waives any right to inspect or approve of any future use of the Recordings. Participant acknowledges that Participant is not expecting to receive compensation for participating in the Recordings or for any future use of the Recordings. Participant releases and fully discharges UVU, and its employees, agents, and representatives, from any claim, damages, or liability arising from or related to Participant’s inclusion in the Recordings or UVU’s future use of the Recordings. This provision shall survive the termination or expiration of this Agreement.
Personal Travel: I understand that activities or independent travel conducted when I have free time before, during or after UVU 4.01K Race to Retirement, shall be unsupervised by UVU, its agents or employees. I agree that UVU, its agents and employees, shall bear no responsibility or liability for any injury, damage or loss suffered by me during such periods of independent activity or travel, and this Agreement shall remain in full force and effect during such times. I agree that in the event I become detached from the group or am unable to remain with the group for any reason not within the control of UVU, I will bear all responsibility and costs incurred to seek out, contact and reach the group at its next available destination, or to return home. I understand that if I voluntarily leave UVU 4.01K Race to Retirement for any reason, including, but not limited to, illness, I will be responsible for any and all costs associated with my return home and that there will only be a refund, if appropriate, in accordance with UVU policies.
Acknowledgment: I understand the legal consequences of signing this document, including (a) releasing UVU and its trustees, officers, directors, employees, and agents from all liability on my behalf, (b) promising not to sue, (c) and assuming all risks of participation in this Activity, including travel to, from, and during UVU 4.01K Race to Retirement. I understand that I am responsible for my obligations and acts as described in this Agreement. I agree to be bound by the terms of this Agreement. I have read this two-page document, and I am signing it freely and voluntarily.
