Acknowledgment, Waiver and Release of Liability (“A WRL”)
I acknowledge that participating in strength training, single sport and multisport training, and competitions is a potentially hazardous activity and carries with it the potential for death, serious injury and property loss. I hereby assume all risks pertaining to my participation in the aforementioned activities including all coaching provided to me by Tri Faster LLC and its partners. I verify that I am physically and medically fit to participate and have not been advised against participation by a qualified health professional. I acknowledge that my statements on this AWRL are being accepted by Lauren Jensen McGinnis (coach) and any other assistants in consideration for allowing me to participate in a Tri Faster LLC coaching program and/or events are relied upon by said coaches and any affiliated sponsors or related entities in permitting me to participate in the coaching program and/or events. In consideration for allowing me to participate in a Tri Faster LLC coaching program, I hereby take the following action for myself, my executors, administrators, heirs, next of kin, successors, and assigns, for everyone else who might claim or sue on my behalf and I expressly acknowledge that it is my intent to take these actions: (a) I AGREE that prior to participating in single sport and multisport training and racing activities I will inspect my equipment and training environment and will only participate if it is safe to do so; (b) I WAIVE, RELEASE and DISCHARGE from any and all claims, losses or liabilities for death, personal injury, partial or permanent disability, property damage, medical or hospital, theft, or damage of any kind, including economic losses, which may in the future arise out of or relate to my participation in or following any of the coaching advice provided by Tri Faster LLC partners, coaches, assistants, and any affiliated sponsors or related entities including but not limited to related sponsors, agents, or representatives; (EVEN IF SUCH CLAIMS, LOSSES OR LIABILITIES ARE CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF THE PERSON(S) I AM HEREBY RELEASING OR ARE CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF ANY OTHER PERSON OR ENTITY); (c) I ACKNOWLEDGE that I assume any and all risks associated with participating in coaching services and/or events provided by Tri Faster LLC, including but not limited to swimming, cycling, running, strength training, or other elements of the training and racing program. All such risks being known and appreciated by me, I further acknowledge these risks include risks that may be the result of negligence of the persons or entities mentioned in the above paragraph (b) for any other claims and losses that I have waived, released or discharged herein (c) I INDEMNIFY AND HOLD HARMLESS the persons or entities mentioned in the above paragraph (b) from any and all claims made or liabilities assessed against them as a result of (i) my actions or inactions (ii) the actions, inactions or negligence of others including those parties hereby indemnified (iii) the conditions of the facilities, equipment or areas where the activities are conducted or (iv) any other harm caused by an occurrence related to coaching services provided by Tri Faster LLC, and (f) I GRANT PERMISSION for the use of my name or likeness relating in my participation of coaching services provided by Tri Faster LLC and I WAIVE all rights to future compensation to which I may otherwise be entitled as a result of the use of my name or likeness.
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, 5Kevents.org, USA Track and Field, sponsors, affiliates, volunteers, Tri Faster Mom's Day 5K, and individual Tri Faster Mom's Day 5K 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 5Kevents.org 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 5Kevents.org 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 5Kevents.org is not responsible for any omissions or inaccuracies, or for the results obtained from this information.
Race Entry and its partner 5Kevents.org 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 5Kevents.org 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 5Kevents.org.