In consideration of you accepting this entry, I, the participant, intending to be legally bound do hereby waive and forever release any and all rights and claims for damages or injuries that I may have against the Event Director, RunSignup.com, and all of their agents assisting with the event, sponsors and their representatives, volunteers and employees for any and all injuries to me or my personal property. This release includes all injuries and/or damages suffered by me before, during or after the event. I recognize, intend and understand that this release is binding on my heirs, executors, administrators, or assignees.
I know that running a road race is a potentially hazardous activity. I should not enter and run unless I am medically able to do so and properly trained. I assume all risks associated with running in this event including, but not limited to: falls, contact with other participants, the effects of weather, traffic, and course conditions, and waive any and all claims which I might have based on any of those and other risks typically found in running a road race. I acknowledge all such risks are known and understood by me. I agree to abide by all decisions of any race official relative to my ability to safely complete the run. I certify as a material condition to my being permitted to enter this race that I am physically fit and sufficiently trained for the completion of this event and that a licensed Medical Doctor has verified my physical condition.
In the event of an illness, injury or medical emergency arising during the event I hereby authorize and give my consent to the Event Director to secure from any accredited hospital, clinic and/ or physician any treatment deemed necessary for my immediate care. I agree that I will be fully responsible for payment of any and all medical services and treatment rendered to me including but not limited to medical transport, medications, treatment and hospitalization.
As it applies to my participation in this race, I agree to abide by the Center for Disease Control (CDC)’s recommendations for the prevention of the spread of COVID-19 and attest to having read the CDC’s guidance at: https://www.cdc.gov. I also agree to abide by any COVID-19 distancing and other safety guidelines issued by the state, the community or by this race for my participation in this race.
Further, I grant permission to all the foregoing to use my name, voice and images of myself in any photographs, motion pictures, results, publications or any other print, videographic or electronic recording of this event for legitimate purposes.
This event follows the standard running industry policy: All entry fees are non-refundable. We reserve the right to postpone or cancel the event due to circumstances beyond our control such as a natural disaster or emergency or as required to protect the safety of participants and staff. No refunds will be issued under these circumstances. We reserve the right to change the details of the event without prior notice. I understand that my entry fee is nonrefundable and bib numbers are non transferable.
By submitting this entry, I acknowledge (or a parent or adult guardian for all children under 18 years) having read and agreed to the above release and waiver including the no refund policy.
Wise County Turkey Trot
General Waiver, Dog Waiver, and Stroller Waiver
s lawful consideration for being permitted to participate in the |*EVENT_NAME*| (the “Event”), you agree to all the terms and waiver (the “Agreement and Waiver”) set forth below. For the purposes of this Agreement and Waiver, “Race Parties” shall refer to |*EVENT_SPONSOR*| Race Roster North America Corporation (“Race Roster”) and their parents, affiliates and subsidiaries, and all of the respective officers, directors, employees, and agents thereof, and Event sponsors, volunteers, contractors, subcontractors and their employees, representatives, agents and heirs.
You agree to abide by any decision of the Race Parties relative to any aspect of your participation in the Event, including the right of the Race Parties to deny or suspend your participation in the Event for any reason whatsoever. You attest that you have read all applicable rules of the Event including this Agreement and Waiver and the Terms of Service located at: https://raceroster.com/terms-and-conditions/ and agree to abide by them. You assume all risks to you associated with running in the Event, including but not limited to: falls, contact with other participants or pedestrians, the effects of the weather, including high heat and/or humidity, traffic and the conditions of the road or trail, with all such risks being known or unknown and appreciated by you when out running on your own without any type of support from local officials or Race Parties.
1. Authority to Register and/or to Act as Agent.
You represent and warrant to the Race Parties that you have full legal authority to complete this Event registration on behalf of yourself and/or any party 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. If you are registering a child under the age of 13 or an incapacitated adult, you represent and warrant that you are the parent or legal guardian of that party and have the legal authority to enter into this Agreement on their behalf and agree that all sections of this Agreement and Waiver shall apply equally to all Registered Parties as if the Registered Party were completing this Event registration. For the avoidance of doubt, references to “you” or “your” apply to Registered Parties. If you are under the age of 18 or the age of majority in the jurisdiction in which you reside, you represent and warrant that your parent or legal guardian on your behalf agrees to this Agreement and Waiver and consents to the collection of your personal information which you provide for the purposes of registration.
2. Waiver.
YOU ARE VOLUNTARILY PARTICIPATING IN THE EVENT AND UNDERSTAND THAT PARTICIPATION IN THE EVENT IS POTENTIALLY HAZARDOUS, AND THAT A REGISTERED PARTY SHOULD NOT PARTICIPATE UNLESS THEY ARE MEDICALLY ABLE AND PROPERLY TRAINED. YOU UNDERSTAND THAT EVENTS MAY BE HELD OVER PUBLIC ROADS AND FACILITIES OPEN TO THE PUBLIC DURING THE EVENT AND UPON WHICH HAZARDS ARE TO BE EXPECTED. PARTICIPATION CARRIES WITH IT CERTAIN INHERENT RISKS THAT CANNOT BE ELIMINATED COMPLETELY RANGING FROM MINOR INJURIES TO CATASTROPHIC INJURIES INCLUDING DEATH. YOU UNDERSTAND AND AGREE THAT IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE EVENT, YOU AND/OR ANY REGISTERED PARTY, THE HEIRS, PERSONAL REPRESENTATIVES OR ASSIGNS OF YOU AND/OR THE REGISTERED PARTY DO HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE THE RACE PARTIES FOR ANY AND ALL LIABILITY FROM ANY AND ALL CLAIMS ARISING FROM PARTICIPATION IN THE EVENT BY YOU OR ANY REGISTERED PARTY. YOU AGREE TO ASSUME YOUR OWN MEDICAL EXPENSES IN THE EVENT OF AN ACCIDENT OR OTHER INJURY RESULTING FROM OR OCCURING DUE TO YOUR PARTICIPATION IN THE EVENT.
YOU FULLY UNDERSTAND YOU ARE FOREVER GIVING UP IN ADVANCE ANY RIGHT TO SUE OR MAKE ANY CLAIM AGAINST THE RACE PARTIES IF YOU SUFFER SUCH INJURIES AND DAMAGES EVEN THOUGH YOU DO NOT KNOW WHAT OR HOW EXTENSIVE THOSE INJURIES AND DAMAGES MIGHT BE AND ARE VOLUNTARILY ASSUMING THE RISK OF SUCH INJURIES AND DAMAGE.
3. Limitation of Liability; Disclaimer of Warranties.
THE RACE PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (A) RESULTING FROM THE EVENT OR YOUR PARTICIPATION IN THE EVENT; (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (C) FOR ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO WITH OR THROUGH THE RACE PARTIES; OR (D) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF THE RACE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT ENTERING INTO THE EVENT IS BY YOUR OWN FREE WILL AND AT YOUR SOLE RISK. YOU AGREE THAT YOU WILL NOT PARTICIPATE IN THE EVENT UNLESS YOU ARE HEALTHY, MEDICALLY ABLE AND PROPERLY TRAINED. THE RACE PARTIES 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.
4. Indemnification.
You agree to indemnify and hold each of the Race Parties harmless from and against any and all damages, costs, claims or demands, including reasonable attorneys‘ fees, made by you or any third party due to, arising from or relating to your participation in the Event or use of Race Roster or the violation by you of any term of this Agreement and Waiver as well as the Terms of Service located at: https://raceroster.com/terms-and-conditions/.
5. Applicable Law; Consent to Jurisdiction.
By completing this Event registration, both you and the Race Parties agree that the statutes and laws of the Commonwealth of Massachusetts, without regard to the conflict of laws principles thereof, will apply to all matters relating to this Event, this Agreement and Waiver, the Terms of Use and/or other use of the Race Roster sites. You agree that exclusive jurisdiction for any dispute with Race Roster resides in the courts of the Commonwealth of Massachusetts and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Commonwealth of Massachusetts in connection with any dispute, including any claim involving the Race Parties or its parents, affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
6. Severability.
You further expressly agree that this Agreement and Waiver is intended to be as broad and inclusive as is permitted by the law of the Commonwealth of Massachusetts and that if any provision of this Agreement and Waiver shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and Waiver and shall not affect the validity and enforceability of any remaining provisions.
7. Individual Registrant
BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND WAIVER, YOU ARE AFFIRMING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND WAIVER AND FULLY UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE SIGNING THE 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.
8. Multiple Registrants
BY INDICATING ACCEPTANCE OF THIS AGREEMENT AND WAIVER, ALL REGISTRANTS IN THIS TRANSACTION ARE AFFIRMING THEY HAVE READ AND UNDERSTAND THIS AGREEMENT AND WAIVER AND FULLY UNDERSTAND ITS TERMS. ALL REGISTRANTS UNDERSTAND THAT THEY ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. ALL REGISTRANTS ACKNOWLEDGE THAT THEY ARE SIGNING THE AGREEMENT AND WAIVER FREELY AND VOLUNTARILY AND INTEND BY THEIR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
9. Photo Video Release
By participating in the Event, you will be taking part in activities where photography, audio, and video recording may occur. By registering for the Event, you consent to photography, audio recording, video recording and its/their release, publication, exhibition, or reproduction to be used for news, web casts, promotional purposes, telecasts, advertising, inclusion on websites, social media, or any other purpose by the Race Parties, their affiliates and representatives, and Race Roster. You permit, authorize, grant, and license to Race Parties the right to use your name, image, likeness, appearance, and voice, and all materials created by or on behalf of the Race Parties that incorporate any of the foregoing (the “Materials”) in perpetuity throughout the world in any medium whatsoever without further consent from or royalty, payment, or other compensation to you. In the event that you are registering a minor, you represent that you are the parent or legal guardian of the minor and permit, authorize, grant, and license to Race Parties the right to use the minor’s name, image, likeness, appearance, and voice in all Materials in perpetuity throughout the world in any medium whatsoever without further consent from or royalty, payment, or other compensation to you or the minor. Race Parties shall be excusive owner of all rights in the Materials, including copyright. Images, photos and/or videos may be used to promote similar races or events in the future. You release the Race Parties including its officers and employees, Race Roster including its officers and employees, and each and all persons involved from any liability connected with the taking, recording, digitizing, or publication and use of interviews, photographs, computer images, video and/or or sound recordings. By participating in the Event, you waive all rights you may have to any claims for payment or royalties in connection with any use, exhibition, streaming, web casting, televising, or other publication of these materials, regardless of the purpose or sponsoring of such use, exhibiting, broadcasting, web casting, or other publication irrespective of whether a fee for admission or sponsorship is charged. You also waive any right to inspect or approve any photo, video, or audio recording taken by the Race Parties or the person or entity designated to do so by the Race Parties. You have been fully informed of your consent, waiver of liability, and release before participating in this Event.
Privacy Notice:
I agree that my personal information collected through my participation in the Event will be processed by Race Parties for the purposes of operating the Event or in connection with the Event.
I also acknowledge and agree that, after I complete my race, my results, along with my name, gender, age and state/place of residence may, at the discretion of the Event, be publicly available on Race Roster’s leaderboard.
Please read the Privacy Policies of the Race Parties for more information on how your personal data will be handled.
EVENT REGISTRATION AGREEMENT AND LIABILITY WAIVER (the Agreement and Waiver)
You must read and agree to the following Agreement and Waiver in order to use itsyourrace.com and to register and participate in the event entitled Wise County Turkey Trot.
1. Authority to Register and/or to Act as Agent. You represent and warrant to Innovative Timing Systems, LLC (ITS) that you have full legal authority to complete this event registration on itsyourrace.com (IYR), a registration and results platform operated by ITS and any and all subsidiaries, affiliated entities, or entities that control or are controlled by ITS singly or together and its directors, members, officers, employees, contractors, subcontractors, agents and licensees, including full authority to make use of the credit or debit card to which registration fees, product fees or other transactions will be charged. In addition, if you are registering third parties, you represent and warrant that you have been duly authorized to act as agent on behalf of such parties in performing this event registration or purchasing products or other services. If you are registering for any 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. In addition, you represent and warrant that, in compliance with Children’s Online Privacy Protection (COPPA), you are over thirteen (13) years of age, and that if you are registering a child under fourteen (14) years of age you are the parent of such child, and do hereby consent to the collection of such child's personal information by ITS and IYR. By proceeding with this event registration, you agree that the terms of this Agreement and Waiver shall apply equally to you and to any third parties for whom you are acting as agent or parent or legal guardian.
2. Waiver. I know that running in a 5k is a potentially hazardous activity. I should not enter and run unless I am medically able. I agree to abide by any decision of a volunteer relative to my ability to safely complete the run. I assume all risks associated with running in the Wise County Turkey Trot, including but not limited to falls, contacts with other participants/dogs/stroller/stroller children/scooters, the effects of the weather including high heat and/or humidity, low temperature, conditions of the course,and all risks are known and appreciated by me. All persons handling a pet must be at least 18 years of age. Any intact male dogs must be closely monitored. ALL DOGS MUST REMAIN ON A SIX FOOT LEASH WHILE IN THE PUBLIC WAY FOR THIS EVENT. ALL DOGS MUST BE SOCIAL AND DOG AND HUMAN FRIENDLY. ANY DOG SHOWING ANY SIGNS OF FEAR, STRESS OR AGGRESSION WILL BE ASKED TO LEAVE. NO REFUND PROVIDED!! Female dogs in heat and puppies under the age of 12 weeks of age are prohibited from this event. All dog owners/handlers assume responsibility for any injury and/or death of a pet or person caused by their pet while participating in this event. Having read this release and knowing these facts and in consideration of your accepting my entry, I for myself and anyone entitled to act on my behalf or on behalf of my estate, waive and release all parties associated with the Wise County Turkey Trot, including but not limited to Wise County, Wise County Turkey Trot Volunteers, Decatur Town Square, RUN2WIN TIMING SERVICES, LLC., all sponsors of the race, and any other persons assisting with the race, and their officers, agents, employees, volunteers, successors and assigns(?Released Parties?), from all claims or liabilities of any kind arising out of my participation in the run even though the liability may arise out of negligence or carelessness on the part of the Released Parties.I hereby agree to waive, release and forever discharge, on behalf of myself and my heirs, executors, administrators, legal representatives, assignees, and successors in interest, any and all claims for damages, rights or causes of actions which I may have, or which may hereafter accrue, against the Released Parties, including any claims arising from the Released Parties? own negligence. I further agree to indemnify and hold harmless the Released Parties from any claims, rights or causes or actions which may accrue to any individual or entity participating in, involved with or present at the Wise County Turkey Trot as a result, directly or indirectly, of my own acts or omissions, or the acts or omissions of my pet, during my participation in or association with the Wise County Turkey Trot, and that I shall indemnify the Released Parties for any damages awarded or expenses incurred as a result of any such claims, rights or causes of action, including, but not limited to, attorney fees and court costs. I certify and affirm that my pet has been vaccinated for rabies, that it is not known to be vicious, and that it is free of any disease or condition, which would make it a danger to any participant, spectator, or other individual. I accept all liability for damage to property or persons caused by myself or my pet. I understand that this Release Agreement is a contract, which has legal consequences and state that I have read all of its terms, fully understand them and am legally competent to execute this Release Agreement.
You know and understand that indoor or outdoor exercising, racing, and other athletic activities can be potentially hazardous. You attest that you are medically able and properly trained for the Wise County Turkey Trot and agree that you have been medically cleared by a qualified physician to participate and safely complete the event. You understand that the event may be held over public roads, water ways, off-road locations, private or public parks, private or public property, or in facilities or locations open to the public or subject to other hazards including, but not limited to, tornados, lightning, high winds, animals, or other dangers during the event and upon which hazards are to be expected. Participation carries certain inherent risks that cannot be eliminated completely. You assume all risks associated with participating in this event, including but not limited to: falls, contact with other participants, contact with other people who carry contagious diseases, broken bones, effects of the weather, traffic, terrorist acts, criminal activities, the condition of the course, viruses in the air, gastrointestinal discomfort and other physical discomforts, dehydration, illness or even death. All such risks are known and appreciated by you. You also agree to abide by any decisions of any race official or medical staff, should one be present at the event, relative to your ability to safely complete the event. Having read and understood this waiver and in consideration of accepting your entry, you and anyone entitled to act on your behalf, waive and release, IYR, ITS, race organizers, race vendors, race promoters, race benefactors, volunteers, sponsors, their officers, employees, agents, representatives, and successors from all claims or liabilities of any kind resulting from your 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. You grant permission to all foregoing to use any photographs, motion pictures, recordings, or any other record of this event for legitimate purposes. You hereby waive any right to inspect or approve the finished electronic, photograph, or printed matter that may be used in conjunction with them now or in the future. You will abide by these guidelines.
3. Limitation of Liability; Disclaimer of Warranties. ITS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE IYR OR (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR (C) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO OR THROUGH IYR OR (D) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF ITS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF IYR IS AT YOUR SOLE RISK. IYR IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. ITS 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.
ITS makes no warranty that the IYR site or IYR services will be uninterrupted, secure or error free. ITS does not guarantee the accuracy, safety, security, or completeness of any information in, or provided in connection with, the IYR site. ITS is not responsible for any errors or omissions, or for the results obtained from the use of such information. You understand and agree that any material and/or data downloaded, uploaded or otherwise obtained through the use of the IYR site is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the upload or download of such material and/or data.
4. Refunds. You acknowledge that the event may be held for one or more days and that you should avoid inclement weather conditions and unsafe environments, and you should comply with all local regulations and laws, including keeping the appropriate social distance during the event. If the event cancels for any reason, including but not limited to, inclement weather, safety concerns, Force Majeure, equipment malfunctions, unforeseen events, labor problems, government orders or laws, problems outside of our control, or other Acts of God, you understand that the race WILL NOT be rescheduled. You also understand and agree that your entry fee WILL NOT be refunded. You hereby waive all rights to any refunds or any charge backs to your credit or debit card for all fees paid for the event or for any merchandise or other products or services sold or provided by the event.
