Please read any waiver carefully. It includes a release of liability and waiver of legal rights and deprives you of the ability to sue certain parties. Do not agree to this document unless you have read and understood it in its entirety. By agreeing electronically, you acknowledge that you have both read and understood the text presented to you as part of the registration process. You also understand and agree that events carry certain inherent dangers and risks which may or may not be readily foreseeable, including without limitation personal injury, property damage or death. Your ability to participate in the event(s) is/are subject to your agreement to the waiver and by agreeing herein, you accept and agree to the terms of the waiver and release agreement.
Eau Claire Marathon Acknowledgments, Agreements, Releases, and Waivers
If any part of this agreement should be deemed unenforceable, that portion of the agreement is severable, and the remaining provisions shall remain in full affect.
1. Acknowledgment of Risks I know that running a road race is potentially hazardous activity. I also know that, although police protection will be provided, there may be traffic on the course route and I must watch for vehicles at intersections and on the roads. I understand that unforeseen obstacles and dangers, natural or manmade, may occur during the race or related events and that I am participating with caution and take full responsibility to take proper action to avoid these unforeseen obstacles and dangers. I understand that risks associated with running this event include but are not limited to, falls, contact with other participants, the effects of weather including high heat and/or humidity, condition of the roads and all other environmental conditions during the race. I recognize that if I choose to wear a portable listening device during the race that it may create a distraction, which may increase my risk of injury. Knowing these facts, I wish to participate, and in consideration of your acceptance of my entry fee knowingly assume the associated risks.
2. Fitness to Participate By entering the race and choosing to run, I am agreeing that I am medically able and properly trained. By participating, I warrant that I am in the physical condition necessary to complete the race; and have not been instructed not to do so by a health care professional. I give my permission for medical team evaluation, treatment, and transfer to an emergency facility if needed. I also give permission for medical data to be used anonymously in medical education and published studies of marathon race injury and illness. I agree that Eau Claire Marathon officials have the right to remove me from the race and related activities if they are of the opinion that it is in my best interest or the best interest of the other race participants or ECM that I be removed.
3. Eau Claire Marathon Release of Liability for Negligence & Waiver Purpose and Scope of Agreement: This agreement releases, discharges, and waives all NEGLIGENCE claims by you, or on your behalf; and is your agreement to assume all risk of injury, disability, or death due to the negligence. This waiver should be interpreted broadly, to the fullest extent allowable by the laws of the State of Wisconsin. I hereby for myself, my spouse/partner, my heirs, executors, administrators or anyone else who might claim on my behalf, assume all risk of injury, disability or death and covenant not to sue, and waive, release, and discharge Eau Claire Marathon (ECM) and any organization associated with the race, including the local governments and police, volunteers, and any and all sponsors and the directors, officers, agents, employees, volunteers, assignees or anyone acting on their behalf, from any and all negligence claims or causes of action (known or unknown, foreseen or unforeseen) for death, personal injury or property damage of any kind or nature including those arising out of, their negligence, omission or carelessness in the course of, my participation in this road race and all other events and activities associated with this race.
4. Eau Claire Marathon Participation Agreements I understand that race numbers and timing chips are not transferable and fees are not refundable, under any circumstances, including but not limited to cancellation of the event or of your participation, or change in the date, nature or format of the event. An Event may be cancelled or changed for any reason, including, without limitation, severe weather or other factors that threaten the safety of participants, staff, volunteers, or the community. Cancellation or change of the date, nature, or format of an Event may be mandated by government officials or otherwise be at the discretion of ECM. The Eau Claire Marathon reserves the right to change the details of the Event, such as date, start time, course, distance and/or amenities offered in connection with the Event. I agree that neither myself nor any affiliate of me will advertise or sell any products, services, or otherwise (whether or not for profit), or solicit others for any purpose, or use the race as a forum for commercial purposes of any kind whatsoever. I also agree to abide by the Rules of Competition as set forth by the Games Committee and understand that there may be course time limits in place after which the race course is reopened for regular motor vehicle use. I further grant permission to ECM and/or agents authorized by them to use any photographs, videotapes, motion pictures, recordings, or any other record of this event for any purpose without limitation or compensation.
I have read in entirety the foregoing agreement and acknowledge that I understand the associated risks, agreements, waivers, and releases therein. I certify my agreement by clicking the I Accept button hereto.
