2025 Colorado Marathon Participant Waiver for Registration
I understand that by registering electronically to participate in the 2025 Colorado Marathon (the “Event”), I accept and agree to this waiver and release agreement (“Agreement”) presented in the online registration and that this document includes a release of liability and waiver of legal rights that deprive me of the right to sue certain parties. By agreeing electronically, I acknowledge that I have read and understand this Agreement presented to me as part of the online registration process.
If the participant is under 18, the parent or legal guardian’s agreement and acceptance of this Agreement shall have the legal effect that my minor participant (“Minor”) is bound by all terms of this Agreement and that the parent or legal guardian is releasing and waiving rights on behalf of the Minor all in consideration of my participation in the Event or the participation of Minor.
Race Packet
I UNDERSTAND THAT I AM REGISTERING FOR THE EVENT, TO BE HELD ON SUNDAY MAY 4, 2025. I UNDERSTAND I MUST PICKUP MY PACKET AT THE PRE-RACE EXPO ON EITHER FRIDAY MAY 2 OR SATURDAY MAY 3 UNLESS I SIGN UP FOR RACE MORNING PACET PICKUP.
No Refunds
I understand that I am not entitled to a refund under any circumstance and by signing this waiver, I consent that I am not entitled to a refund if the event is cancelled before or during the Event. If the Event fully converts to only a Virtual Race (no in-person event), I am also not entitled to a refund or deferral of my entry to a future year's race. I understand that is unlawful to run under someone else's entry and I agree not to transfer my entry.
Acknowledgment of Hazards
I know that running a road race is a potentially hazardous activity, which could cause injury or death. I or Minor will not enter and participate unless I am or Minor is medically able and properly trained, and by my signature, I certify that I am or Minor is medically able to perform this event, and I am or Minor is in good health, and I am or Minor is properly trained. I and Minor agree to abide by any decision of a race official relative to any aspect of my participation in this event, including the right of any official to deny or suspend my participation or Minor’s participation for any reason whatsoever. I attest that I have read the rules of the race and agree to abide by them on my behalf or that of Minor. I and Minor assume all risks associated with running in this event, including but not limited to: falls, physical contact with other participants, volunteers, race personnel, contract service providers, employees, and spectators including the potential the contraction of a communicable disease resulting from contact with other participants, volunteers, race personnel, contract service providers, employees, and spectators. I and Minor assume all risks including: the effects of the weather; high heat and/or humidity; freezing cold temperatures; traffic and the conditions of the road including surrounding terrain.
CDC Recommendations
I further agree to abide by the Center for Disease Control's (CDC) recommendations for the prevention of the spread of the 2019 Novel Coronavirus Disease (COVID-19) and other communicable diseases, and I attest to having read the CDC's guidance at: https://www.cdc.gov/coronavirus/2019-ncov/prepare/prevention.html. I and Minor assume all such risks being known, appreciated, and accepted by me. In addition to following the CDC's recommendation, I further agree to follow any Colorado Marathon specific requirements to prevent the spread of COVID-19. This may include, but is not limited to, wearing a mask on the bus, wearing a mask to the packet-pickup/Pre-Race Expo, wearing a mask after finishing the race while on or near the course and/or finish line area. I understand that if I or Minor do not follow these guidelines that the registration for the Event can be suspended, and I or Minor can be disqualified from the race.
Even if I follow all CDC and Colorado Marathon recommendations and requirements, I acknowledge the contagious nature of COVID-19 and other communicable diseases and voluntarily assume the risk that I or Minor may be exposed to or infected by COVID-19 and/or other communicable diseases by participating in this event. I acknowledge that such exposure or infection may result in personal injury, illness, permanent disability, and/or death. I understand that the risk of becoming exposed to or infected by COVID-19 in connection with my participation or Minor’s participation in this event and personally assume this risk.
Race Rules
I and Minor shall abide by the rules of this race as stated in all official race information.
I understand that bicycles, skateboards, baby joggers/strollers, roller skates or inline skates, and animals are not allowed in the race, and I or Minor will abide by all race rules.
I understand the race course is only open for 6 hours. If I am unable or Minor is unable to keep adequate pace to finish within the 6 hour period, I understand that a race official may deem me or Minor no longer a participant of the event and require me or Minor to stop running. If I or Minor do not listen and continue to stay on the closed race course, I understand that aid stations and medical personnel will no longer be available to me or Minor and I assume or Minor assumes all risks. Additionally, if any race official, volunteer or medical personnel deems that I or Minor is unfit to continue the race, I or Minor will listen to them and voluntarily stop the race.
I understand that The Colorado Marathon, Fort Collins Old Town Marathon, LLC, Destination Sports, LLC, City of Fort Collins, Larimer County, State of Colorado, USNFS, RunSignup, the race organizers, volunteers or anyone else involved with this race assumes no responsibility or liability with respect to my participation or Minor’s participation in this event. I agree, however, to abide by any decision of any race official relative to my ability or Minor’s ability to safely complete the run.
Photography Release
In consideration of my participation or Minor’s participation in the Event, I irrevocably grant Colorado Marathon and Authorized Persons (as defined below) my permission and the right to photograph me or Minor, take video recordings, and to use any and all photographic or other images taken of me or Minor in connection with the Event including finished pictures, videos, negatives, transparencies, proofs, reproductions, copies of the original prints and negatives in any media, including digital media and digital information pertaining to any of them (collectively, the “Images”) according to the terms and conditions of this Agreement. I hereby irrevocably permit, authorize and license Colorado Marathon, the sponsors of the Event, RunSignup, and their respective legal representatives, successors, licensees, agents, assigns, and those acting on behalf of any of them (“Authorized Persons”) to use, re-use, publish, and re-publish the Images, either separately or together and either in whole or in part, and all materials created by or on behalf of the Authorized Persons that incorporate any of the foregoing (“Materials”) for any advertising, promotion and any other commercial or business purposes in perpetuity throughout the world in any and all media and formats (including without limitation social media, print media, and digital media such as websites and social media channels) and by any and all technologies and means of deliver whether now or hereafter known or devised without further consent from or any royalty, payment, or other compensation to me or Minor. I specifically consent to the use of the Images with other images, text, graphics, film, audio, video, and audiovisual works. I acknowledge and agree that the Images may be altered or modified without any restrictions, whether by traditional photographic techniques or digitally, including retouching, creating composite, blurred, or distorted representations, and changing color, size, shape, perspective, context, foreground, or background. Colorado Marathon is and will be the exclusive owner of all rights in the Images and Materials.
I hereby irrevocably transfer, assign, and otherwise convey to Colorado Marathon my entire right, title, and interest, if any, to the Images and Materials and all copyrights and other intellectual property rights in the Images and Materials (including those of Minor if applicable) arising in any jurisdiction throughout the world in perpetuity, including all registration, renewal, and reversion rights, and the right to sue to enforce such rights against infringers.
To the fullest extent permitted by applicable law, on behalf of me and Minor, I hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy under statute or common law (including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of any rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, known known or hereafter known in any jurisdiction throughout the world (collectively, “Claims”) arising directly or indirectly from the Authorized Persons’ exercise of their rights as specified in this Agreement or the production, exhibition, advertising, promotion, exploitation or other use of the Images, and whether resulting in whole or in part from the negligence of Colorado Marathon or any other person, covenant not to make or bring any such Claims against any Authorized Persons and their agents, employees, and representatives, and forever release and discharge the Authorized Persons from liability under such Claims. I understand that Colorado Marathon is relying on this Agreement and will incur significant expenses in reliance on this Agreement, and I agree that this Agreement cannot be terminated, rescinded, or modified, in whole or in part.
Facial Recognition Technology
I acknowledge and understand that RunSignup (including its legal representatives, successors, licensees, agents, assigns, and those acting on behalf of any of them) may use facial recognition technology at the Event and that such technology may collect, store, and use a digital photograph and/or scan of my face or that of Minor (collectively “FR Materials”). The FR materials are collected by RunSignup for purposes which include identifying image matched within the FR Materials in order to provide me or Minor with a variety of images of their participation in the Event, to confirm Event results, and for other purposes related to the Event and post-Event publicity. I understand that the FR Materials may constitute “biometric information” under potentially applicable state and federal laws. I acknowledge that this Agreement shall constitute notice of the collection of such information under potentially applicable state and federal laws, and shall constitute my written consent to such collection including consent on behalf of Minor. I further understand that RunSignup’s policy is that the FR Materials will be permanently deleted from RunSignup’s systems no later than three (3) years after my registration for the Event and/or my last use of the website for the Event.
General Release
Having read this Agreement and knowing these facts and in consideration of your accepting my entry or the entry of Minor, I, myself and anyone entitled to action on my behalf do hereby release, waiver, discharge, and covenant not to sue The Colorado Marathon, Fort Collins Old Town Marathon LLC, Destination Sports LLC, City of Fort Collins, Larimer County, State of Colorado, USNFS, RunSignup, all event coordinators, volunteers, all sponsors, representatives (including event volunteers), and each of their parents, affiliates, subsidiaries and their respective officers, directors, agents, servants, and employees (collectively “Releasees”) from any and all claims, liability, demands, actions and causes of action whatsoever arising out of or related to any loss, damages, or injury, including death, that may be sustained by me or Minor arising out of my participation or Minor’s participation in this Event, even though that liability may arise out of negligence or carelessness on the part of any Releasees.
Virtual Race Event
IF THE EVENT CONVERTS TO A VIRTUAL RACE EVENT (NO IN-PERSON EVENT) HERBY KNOWN AS 'VIRTUAL RACE', I AGREE TO THE FOLLOWING:
DUE TO VIRTUAL RACE, I UNDERSTAND THAT THERE IS NO RACE EXPO OR PRE-RACE PACKET PICKUP. ALL RACE MATERIALS WILL BE MAILED TO ME.
I understand that my registration has been converted to a Virtual Race entry. I understand that this event does not provide refunds under any circumstance and by signing this waiver, I consent that I am not entitled to a refund or deferral of my entry or Minor’s entry to a future year's race. I understand that is unlawful to run under someone else's entry and I agree not to transfer my entry.
I understand that my 'Virtual Race' or that of Minor is my sole responsibility and I accept and Minor accepts all risks with my 'Virtual Race' or that of Minor. I understand that I choose the date, time and location. I understand that I am or Minor is not required to nor encouraged to run the official race course to receive an official time. I understand that when I or Minor run the 'Virtual Race', there will be NO race sponsored support. Support is defined as, but not limited to, the following: aid stations, water stations, course vehicles, emergency responders, medical aid, medical attention, first aid, traffic control, road closures, trail closures, police officers or any other person or entity affiliated or associated with the race.
I know that running a 'Virtual Race' is a potentially hazardous activity, which could result in injury or death. I acknowledge that I am or Minor is participating in the activity outlined by this virtual event by my own free will and at my own personal risk. I will not participate in a virtual event unless I am medically able to do so and properly trained. By my signature, I certify that I am or Minor is medically able to perform this event, and I am or Minor is in good health and I am or Minor is property trained. I and/or Minor assume all risks associated with running in this event including, but not limited to: falls, slips, inclement weather, traffic and general health conditions, all such risks being known and understood by me. I am aware there will be no race official, volunteer personnel or medical support for my 'Virtual Race'.
I further agree to abide by the Center for Disease Control's (CDC) recommendations for the prevention of the spread of the 2019 Novel Coronavirus Disease (COVID-19) and other communicable diseases, and I attest to having read the CDC's guidance at: https://www.cdc.gov/coronavirus/2019-ncov/prepare/prevention.html. I attest that if my community has a shelter in place order, that I or Minor will only participate in the virtual event by using a personal treadmill, and I will not run outside in the community during the duration of a shelter in place order
I understand I need to supply a verified time and distance for me or Minor on or before, May 4, 2025. I also understand the 'Virtual Race' cannot be used as a qualifying time for other races.
I understand that The Colorado Marathon, Fort Collins Old Town Marathon, LLC, Destination Sports, LLC, City of Fort Collins, Larimer County, State of Colorado, USNFS, RunSignup, the race organizers, volunteers or anyone else involved with this race assumes no responsibility or liability with respect to my participation or Minor’s participation in this event. I agree, however, to abide by any decision of any race official relative to my ability to safely complete the run.
