Race the State Agreement and Waiver
Race the State AGREEMENT AND LIABILITY WAIVER (“Agreement and Waiver”)
PLEASE READ THE FOLLOWING AGREEMENT AND WAIVER CAREFULLY AND COMPLETELY, AS IT AFFECTS YOUR FUTURE LEGAL RIGHTS. BY PROCEEDING WITH REGISTERING FOR THE EVENT, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE CAREFULLY READ THE AGREEMENT AND WAIVER AND AGREE TO THE TERMS SET FORTH BELOW.
• Race the State for which you are registering (the “Event”) is physically challenging and may pose a risk of discomfort, illness, injury, and even death. You need to be satisfied that you are physically capable of doing the Event without risk to your health or your life.
• Race the State does not conduct health or fitness screenings on entrants.
• While we take care to make the Event as safe as possible, we cannot remove all risks and dangers to participants and observers and, accordingly, you participate or observe at your own risk.
• Where you have registered or entered on behalf of anyone under the age of 18 or have accompanied anyone under the age of 18 to observe the Event, you also agree to the contents of this Agreement and Waiver on behalf of the person under 18.
In consideration of being permitted to register and/or participate in and/or observe the Event, on behalf of yourself, your personal representatives, assigns, heirs, executors, successors, next of kin, and persons supported by you (if relevant under the applicable laws) (the “Registered Party(ies)”), you understand and acknowledge that:
1. Authority to Register and/or to Act as Agent. You represent and warrant to Manuka Sports Event Management, LLC, its partners, licensors, and any and all subsidiaries, affiliated entities, or entities that control, are controlled by, or are under common control with Manuka singly or together and its and each of their officers, employees, contractors, subcontractors, owners, directors, and agents and each of their agents, representatives, successors and assigns (“Manuka”), that you have full legal authority and capacity to complete the registration for the Event, including acceptance of this Agreement and Waiver, on behalf of yourself and/or, where applicable, any party for whom you are registering (the “Registered Parties”), including full authority to make use of the credit or debit card to which registration fees will be charged. As used in this Agreement and Waiver, (a) “you” or “your” means and includes you (as an individual) and all other Registered Parties for whom you are registering, and by virtue of agreeing to this Agreement and Waiver, for whom you are waiving certain rights.
If you are registering a child under the age of 18 or an incapacitated adult, you represent and warrant that you are the parent or legal guardian of that party and have the legal authority and capacity to enter into this Agreement and Waiver on his/her behalf; and by proceeding with registration for the Event, you agree that the terms of this Agreement and Waiver shall apply equally to all of the Registered Parties. To the extent permitted by law, each person agreeing to this Agreement and Waiver for him/herself and/or on behalf of another Registered Party (including, without limitation, any minor) agrees to indemnify, defend, and hold Manuka harmless from any liability, claim, demand, cause of action, damage, loss, or expense (including court costs and reasonable attorneys’ fees) of any kind or nature (each, a “Liability” and collectively “Liabilities”). In addition, if, despite this Agreement and Waiver, any of the Registered Parties makes a claim against Manuka, you agree, immediately upon request or demand by Manuka, to defend, indemnify, and hold Manuka harmless from all Liabilities which may be incurred as the result of such claim.
2. ASSUMPTION OF RISK. IN CONSIDERATION OF THE ACCEPTANCE OF YOUR REGISTRATION AND PARTICIPATION IN THE EVENT, YOU ASSUME FULL AND COMPLETE RISK AND RESPONSIBILITY FOR ANY DISCOMFORT, ILLNESS, INJURY, OR ACCIDENT, WHICH MAY OCCUR WHILE YOU ARE PREPARING FOR THE EVENT, DURING THE EVENT, WHILE YOU ARE ON THE PREMISES OF THE EVENT, OR WHILE YOU ARE TRAVELING TO OR FROM THE EVENT. YOU UNDERSTAND THAT PARTICIPATING IN THE EVENT MAY BE HAZARDOUS TO YOUR HEALTH AND/OR WELL BEING, AND THAT YOU SHOULD NOT ENTER OR PARTICIPATE UNLESS YOU ARE MEDICALLY ABLE AND PROPERLY TRAINED. YOU SHOULD CONSULT YOUR DOCTOR BEFORE PARTICIPATING IN THE EVENT. IT IS YOUR RESPONSIBILITY TO CHECK AND TO ENSURE THAT YOU ARE, AT ALL TIMES, MEDICALLY AND PHYSICALLY FIT TO PARTICIPATE IN THE ACTIVITIES RELATED TO THE EVENT. YOU ACKNOWLEDGE AND AGREE THAT THE EVENT MAY BE HELD OVER PUBLIC ROADS AND FACILITIES OPEN TO THE PUBLIC DURING THE EVENT AND UPON WHICH KNOWN OR UNKNOWN HAZARDS ARE TO BE EXPECTED. YOU ALSO ACKNOWLEDGE AND AGREE THAT PARTICIPATION IN THE EVENT MAY CARRY WITH IT CERTAIN INHERENT RISKS AND DANGERS THAT CANNOT BE ELIMINATED COMPLETELY. THESE INHERENT RISKS RANGE FROM, BUT ARE NOT LIMITED TO, ARISK OF MINOR DISCOMFORT TO CATASTROPHIC INJURIES INCLUDING PERMANENT DISABILITY AND DEATH. YOU ARE AWARE OF AND ASSUME ALL RISKS ASSOCIATED WITH BEING A PARTICIPANT OR SPECTATOR OFTHE EVENT, INCLUDING WITHOUT LIMITATION RISKS OF PERMANENT INJURY OR DEATH DUE TO FALLS, OBSTACLES, CONTACT WITH OTHER PARTICIPANTS, ACTS OR OMISSIONS OF OTHER PARTICIPANTS, EFFECT OF WEATHER, TRAFFIC AND CONDITIONS OF ANY ROAD.
ALL REGISTERED PARTIES FURTHER ACKNOWLEDGE THAT IT IS THEIR RESPONSIBILITY TO ENSURE THE SECURITY (INCLUDING BUT NOT LIMITED TO, THEFT, DAMAGE, DESTRUCTION AND/OR THE TEMPORARY CONVERSION THEREOF) OF ALL PERSONAL PROPERTY AND BELONGINGS (WHETHER UTILIZED IN THE PARTICIPATION OF THE EVENT OR NOT). ALL REGISTERED PARTIES UNDERSTAND THAT MANUKA IS NOT RESPONSIBLE FOR THE SECURITY (INCLUDING BUT NOT LIMITED TO, THEFT, DAMAGE, DESTRUCTION AND/OR THE TEMPORARY CONVERSION THEREOF) OF THEIR PERSONAL PROPERTY OR THE PERSONAL PROPERTY OF THE REGISTERED PARTIES’ GUESTS, FAMILY OR OTHER PERSONS IN ATTENDANCE AT THE EVENT AS A PARTICIPANT OR SPECTATOR.
3. Representations. You represent and warrant that you are in good physical condition, are able to safely participate in the Event, and have no medical condition that would make your participation in the Event more hazardous to yourself or other participants. You consent to medical care and transportation in order to obtain treatment in the event of injury to you and understand that this Agreement and Waiver extends to any liability arising out of or in any way associated with the medical treatment and transportation provided in the event of an emergency and/or injury. You understand that no medical care may be available, but if it is, you assume liability for any and all medical expenses incurred as a result of your participation in the Event (where such medical expenses are not provided on a free of charge basis by any medical services organizations, clinics, or hospitals), including, but not limited to ambulance transport, hospital stays, physician, and pharmaceutical goods and services. You agree to observe and obey all posted rules and warnings, to follow any instructions or directions provided to you by Manuka or the Event organizer and to abide by any decision of any Event official relative to your ability to safely participate in or attend the Event. You understand and agree that you are expected to exhibit appropriate behavior at all times while at the Event and to obey all applicable laws while participating in or attending the Event. This includes, generally, respect for other people, equipment, facilities or property. You agree that Event officials may dismiss you, without refund, should your behavior, in the sole opinion of Manuka or the Event organizer, endanger the safety of or negatively affect the Event. You understand and agree that you are responsible for taking care of your own personal belongings during the Event and, to the maximum extent permitted by law, neither Manuka nor the Event organizer is responsible for any personal item or property that is lost, damaged, destroyed or stolen at the Event. You understand and agree that Manuka or the Event organizer reserves the right to cancel the Event in the event of certain weather conditions (including, but not limited to, heat, tornadoes, earthquakes, fires, storms, lightning and floods), accidents, acts of war or terrorism, military conflicts or riots, or for any reason that would affect the safety and security of Event participants and/or spectators or the feasibility of the Event to be held. In the event of such cancellation or any other cancellation for any reason, there will be no refund of your payment.
4. RELEASE AND WAIVER OF LIABILITY. YOU HEREBY WAIVE, RELEASE, COVENANT NOT TO SUE AND FOREVER DISCHARGE MANUKA AND ALL OTHER AUTHORIZED PERSONS ASSOCIATED WITH THE EVENT, FOR ALL LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES THAT YOU MAY HAVE AGAINST THEM ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR REGISTRATION AND/OR PARTICIPATION IN THE EVENT, INCLUDING WITHOUT LIMITATION ANY LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES CAUSED BY NEGLIGENCE OF MANUKA OR ANY OTHER AUTHORIZED PERSON ASSOCIATED WITH THE EVENT INCLUDING ANY NEGLIGENT RESCUE ATTEMPT), THE ACTION OR INACTION OF MANUKA OR ANY OTHER AUTHORIZED PERSON ASSOCIATED WITH THE EVENT, OR OTHERWISE.
MANUKA SHALL NOT BE LIABLE TO YOU OR YOUR GUESTS, FAMILY OR OTHER PERSONS IN ATTENDANCE AT THE EVENT, AS A PARTICIPANT OR SPECTATOR, OR AS A RESULT OF YOUR PARTICIPATION IN THE EVENT FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, PERSONAL PROPERTY (WHETHER UTILIZED IN YOUR PARTICIPATION IN THE EVENT OR NOT) OR OTHER INTANGIBLE LOSSES (EVEN IF MANUKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WITHOUT LIMITING THE FOREGOING, MANUKA WILL NOT BE RESPONSIBLE FOR (A) THE USE OR THE INABILITY TO USE THE MANUKA, RACE WIRE OR RACE THE STATE SITES, PRODUCTS OR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE MANUKA, RACE WIRE OR RACE THE STATE SITES; (C) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY MANUKA; (D) PERSONAL INJURY; (E) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (F) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE MANUKA SITES; (G) ANY OTHER MATTER RELATING TO THE MANUKA SITES, OR MANUKA PRODUCTS OR SERVICES; OR (H) YOUR PARTICIPATION IN THE EVENT. YOU AGREE THAT MANUKA’S MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY MANUKA FROM YOU.
NOTHING IN THIS AGREEMENT AND WAIVER SHALL BE CONSTRUED AS LIMITING OR EXCLUDING MANUKA'S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY ITS GROSS NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL OR UNLAWFUL TO EXCLUDE OR ATTEMPT TO EXCLUDE LIABILITY. YOUR STATUTORY RIGHTS AS A CONSUMER ARE NOT AFFECTED BY THIS AGREEMENT AND WAIVER.
5. INDEMNITY. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS MANUKA ITS PARTNERS, LICENSORS, AND ANY AND ALL SUBSIDIARIES, AFFILIATED ENTITIES, OR ENTITIES THAT CONTROL, ARE CONTROLLED BY, OR ARE UNDER THE COMMON CONTROL OF MANUKA, SINGLY OR TOGETHER, AND ITS AND EACH OF THEIR OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OWNERS, DIRECTORS, AND AGENTS, INCLUDING EACH OF THEIR AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS AND ALL OTHER AUTHORIZED PERSONS ASSOCIATED WITH THE EVENT, FROM ALL LIABILITIES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) YOUR PARTICIPATION IN THE EVENT, INCLUDING WITHOUT LIMITATION ANY LIABILITY CAUSED BY NEGLIGENCE (INCLUDING ANY NEGLIGENT RESCUE ATTEMPT), THE ACTION OR INACTION OF MANUKA, OR ANY VIOLATION BY YOU OF ANY TERMS OF THIS AGREEMENT AND WAIVER AND/OR THE TERMS OF SERVICE.
6. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF MANUKA’S SERVICES AND PARTICIPATION IN THE EVENT IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MANUKA MAKES NO WARRANTY THAT MANUKA SITES’ SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE. MANUKA 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. MANUKA DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ON, OR PROVIDED IN CONNECTION WITH, THE MANUKA SITES. MANUKA IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.
7. Use of Likeness. You hereby irrevocably grant Manuka permission to record your voice and photograph you in conjunction with the Event. You understand and agree that the term "photograph" as used herein encompasses both still photographs and video recordings. You further grant Manuka and the Event organizer permission to use your photograph, voice, and likeness taken in conjunction with the Event, in any form, including edited versions, in or over any medium including without limitation streaming audio and/or video over the internet, broadcast, cable, satellite transmissions, and media that are unknown at this time, worldwide for any legitimate purpose including, without limitation, any commercial purpose, without compensation to you. Your further waive any right of inspection of any such recordings and photographs. You understand that any such recordings and photographs recorded by Manuka shall become the sole property of Manuka, as applicable.
8. Severability. You further expressly agree that this Agreement and Waiver is intended to be as broad and inclusive as is permitted by applicable law, and if any provision of this Agreement and Waiver is held to be unenforceable by a court of competent jurisdiction for any reason whatsoever, (a) the validity, legality, and enforceability of the remaining provisions of this Agreement and Waiver (including without limitation, all portions of any provisions containing any such unenforceable provision that are not themselves unenforceable) shall not in any way be affected or impaired thereby, and (b) to the fullest extent possible, the unenforceable provision shall be deemed modified and replaced by a provision that approximates the intent and economic effect of the unenforceable provision and the Agreement and Waiver shall be deemed amended accordingly.
9. ACCEPTANCE. BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND WAIVER, YOU ARE AFFIRMING THAT YOU HAVE READ THIS AGREEMENT AND WAIVER AND FULLY UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT YOU AND ALL REGISTERED PARTIES ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE AGREEING TO THIS AGREEMENT AND WAIVER FREELY AND VOLUNTARILY, AND INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. IF THE PARTICIPANT IS A MINOR OR INCAPACITATED ADULT, YOU CERTIFY THAT YOU ARE THE PARTICIPANT'S PARENT OR GUARDIAN AND AGREE TO THIS WAIVER AND RELEASE FROM LIABILITY ON BEHALF OF THE PARTICIPANT.
BY SIGNING THIS REGISTRATION FORM EACH PARTICIPANT ACKNOWLEDGES THE FOLLOWING:
In consideration for allowing each of the undersigned participants to compete in Race The State, August 9, 2015, each of the undersigned hereby waives any liability that Manuka Sports Event Management, its officers and directors and members and race volunteers and any and all sponsoring parties (collectively the Sponsors) may have for personal injury, property damage or other damage or claim arising from, or relating to the participation of the undersigned in Race the State.
Each participant (a) acknowledges that he or she has read the enclosed rules and regulations of the Race the State and is aware of the full extent of the event(s) in which he or she is participating and that participation in Race the State may result in serious physical strain, (b) warrants to each of the Sponsors that, to the best of each participant’s knowledge, he or she is in adequate physical condition to participate, and (c) shall hold each of the Sponsors harmless from any injury, damage or claim arising from, or relating to, participation in Race the State.
Manuka Sports Event Management reserves the right to alter the course or cancel Race the State on the day of the race in the event of inclement weather which, in the sole judgment of Manuka Sports Event Management, could jeopardize the safety of the participants. Because the expenses involved in Race the State are incurred prior to the day of the race, if Race the State should be cancelled, no refund of the entry fee would be made to the participants.