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, Personal Best Events, sponsors, affiliates, volunteers, Stronger Together-FSTX Pink Out 5K , and individual Stronger Together-FSTX Pink Out 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 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 and its partner Personal Best Events 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 and its partner Personal Best Events 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 Personal Best Events is not responsible for any omissions or inaccuracies, or for the results obtained from this information.
Race Entry and its partner Personal Best Events 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 and its partner Personal Best Events 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 and its partner Personal Best Events.
CANCELLATION and POSTPONEMENT DISCLAIMER
Adventure Advocates will provide a full or partial refund of your registration fee to you should the Stronger Together-FSTX Pink Out 5K (the “Event”) be canceled or postponed for one of the following reasons and not rescheduled within 90 days.
Adventure Advocates is not providing an insurance plan to you. Adventure Advocates is providing a refund guarantee on behalf of the Event that you are participating in should the Event be canceled due to certain circumstances. Please note, for the refund to be paid, the Event that you are participating in must maintain its Event Membership in Adventure Advocates until the Event has occurred or has been canceled per the terms of this Disclaimer.
Adventure Advocates will provide the refund money to Race Registration Online DBA Race Entry who will then distribute the refunds back to the credit or debit cards that were used to originally register for the Event. If any refunds fail electronically, the amounts will be distributed via paper check to the address used during registration by Race Registration Online DBA Race Entry.
Adverse weather - means any adverse weather that involved conditions that posed a serious threat to the safety of those individuals attending or setting up the Event or made it physically impossible to use the venue due to physical damage of the venue or complete inaccessibility to the venue.
Natural Catastrophe – means earthquake, tsunami, flood, volcanic eruption, hurricane, tornado, forest fire and/or any other extraordinary meteorological event causing widespread damage in the area where the Event was to be held.
Terrorism – means an act or series of acts, including the use of force or violence, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organization(s), committed for political, religious or ideological purposes including the intention to influence any government and/or to put the public in fear for such purposes. Notwithstanding the forgoing, this does not cover any loss, cost or expense directly or indirectly arising out of, contributed to or caused by, or resulting from or in connection with: 1. Any fear of a potential act of terrorism; 2. Any threat of an act of terrorism, except that this policy is extended to include loss or damage as a result of an threat of an act of terrorism in which such threat results in a public safety civil authority issuing a written order resulting in the inability to hold the Event as scheduled; or 3. Any act of terrorism involving a nuclear weapon or device or the emission, discharge, dispersal, release or escape of any chemical or biological agent.
Please note that we will not provide any refund should the Event be canceled once it has started.
We will also not provide a refund if the Event is rescheduled to take place within 90 days of the original commencement date of the Event or if the Event also provides refunds for the same perils listed above.
Should the Event be canceled for any other reason than explicitly stated above Adventure Advocates is unable guarantee a refund of your registration fee, however you may be due one from the event organizer.
