TERMS & CONDITIONS
This agreement incorporates between "Runner" and "Spirit Club Foundation" according to the following TERMS & CONDITIONS:
WAIVER & RELEASE OF LIABILITY -
I ("Runner") understand that running is a potentially hazardous activity, and I should not participate in any run unless I am medically able and properly trained. Runner hereby certifies that the Runner is in good health and has trained to run the distance of the race that Runner is entering. The Runner assumes all risks associated with running in this event including, but not limited to: falls; contact with other participants; the effects of weather, including high heat and/or humidity, and traffic and other road conditions. All of these risks are known and appreciated by the Runner.
Having read this waiver and knowing these facts and in consideration of the acceptance of the Runner's entry into this running event, the Runner, for himself or herself and anyone entitled to act on the Runner's behalf, waive and release Spirit Club Foundation ("SCF"), its officers, directors, agents, volunteers and employees, and any other individual affiliated with SCF ("SCF Representative"), from all claims or liabilities of any kind arising out of the Runner's participation in this event even though that liability may arise out of negligence or carelessness on the part of the persons named in this waiver. The Runner further releases, discharges, holds harmless & indemnifies SCF and any SCF Representative, and covenants not to sue SCF or any SCF Representative, with respect to any and all now existing or hereafter arising claims, losses, injuries (including, without limitation, death), causes of action, suits, judgments, demands, fees, costs, expenses (including, without limitation, attorneys’ fees, costs, and expenses), damages, and other liabilities with respect to any loss. The Runner further understands that SCF makes no medical claims nor warrants any results from participation in SCF programs, acknowledges that SCF has represented to me that its personnel has no expertise in diagnosing, examining, or creating special plans of exercise for individuals with medical conditions, and that SCF cannot determine the effect of any specific exercise on any medical condition. The Runner further recognizes and agrees to assume the risk of injury or illness arising out of the Runner’s participation with SCF and events. The Runner or the Runner's legal representative acknowledges that he/she is legally qualified to sign documents on behalf of the Runner.
APPEARANCE RELEASE - The Runner or the Runner's legal representative agrees that SCF may use the Runner’s appearance for the purpose of promoting health, wellness and community integration. The Runner waives right of inspection or approval of appearance, and any right to reimbursement, compensation or other remuneration for SCF’s use of the Runner's appearance. The Runner acknowledges that he/she may revoke this release by submitting a written request to SCF at any time, and any such revocation shall be effective for any future uses of appearance.
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, Virtual World Racers, USA Track and Field, sponsors, affiliates, volunteers, Spirit Club Foundation Virtual Race, and individual Spirit Club Foundation Virtual Race 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 and its partner Virtual World Racers 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 and its partner Virtual World Racers 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 and its partner Virtual World Racers is not responsible for any omissions or inaccuracies, or for the results obtained from this information.
Race Entry and its partner Virtual World Racers 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 and its partner Virtual World Racers 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 and its partner Virtual World Racers.