PLEASE READ CAREFULLY BEFORE ACCEPTING THIS AGREEMENT, WAIVER, AND RELEASE.
FUTURE LEGAL RIGHTS. BY PROCEEDING WITH REGISTERING FOR THE EVENT, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE CAREFULLY READ THE AGREEMENT, WAIVER, AND RELEASE AND AGREE TO THE TERMS SET FORTH BELOW.
Though You still need to read the entire document, some of the key points of this Agreement, Waiver, and Release are highlighted here:
· The activity for which You are registering is the “I RAN THE D 5K” event (the “Event”). The Event may be physically challenging and may pose a risk of discomfort, illness, injury, and even death. You need to be satisfied that You are physically capable of participating in the Event without undue risk to Your health or Your life. We do not conduct health or fitness checks on entrants.
· The Event may involve inherent risks and dangers to participants, including exposure to fatal infectious diseases such as COVID-19, and, accordingly, You participate or observe at Your own risk.
· Where You have registered or entered on behalf of anyone under the age of 18 or have accompanied anyone under the age of 18 to observe the Event, You also agree to the contents of this Agreement, Waiver, and Release on behalf of the person under 18.
1. Authority to Register and/or to Act as Agent. You represent and warrant to Race Management (defined below) that You are 18 or older and have full legal authority and capacity to complete the registration for the Event, including this Agreement, Waiver, and Release (“Agreement”) on behalf of Yourself and/or, where applicable, any party for whom 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. As used in this Agreement, (a) “Race Management” means and includes Diamond Sports Net Detroit, LLC, Big River Race Management, LLC, and the Released Parties, defined below, and (b) “You”, “Your”, or “Yourself” means and includes You (as an individual) and all other Registered Parties for whom You are registering, and by virtue of agreeing to this Agreement, for whom You are waiving certain rights.
If You are registering a child under the age of 18 or an 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 on his/her behalf and by proceeding with registration for the Event, You agree that the terms of this Agreement shall apply equally to all of the Registered Parties.
You authorize any licensed physician, emergency personnel, hospital, or other medical or health care facility (“Medical Provider”) to treat the minor for the purpose of attempting to treat or relieve any injuries received by said minor arising out of or relating to the Event. You authorize such Medical providers to perform all procedures deemed medically advisable in attempting to treat or relieve such injuries. You consent to the administration of anesthesia as deemed advisable during the course of treatment
2. ASSUMPTION OF RISK. In consideration of the acceptance of Your registration for and participation in the event, You assume full and complete risk and responsibility for any discomfort, illness, injury, or accident which may occur while You are preparing for the Event, during the Event, while You are on the premises of the Event, or while You are traveling to or from the Event. You understand that participating in the Event may be hazardous and that You should not enter and participate unless You are medically able and properly trained. You should consult Your doctor before participating in the Event. It is Your responsibility to check and to ensure that You are at all times medically and physically fit to participate in the activities related to the Event. You acknowledge and agree that the Event may be held over public roads and facilities open to the public during the Event and upon which hazards are to be expected. You also acknowledge and agree that participation in the Event may carry with it certain inherent risks and dangers that cannot be eliminated completely ranging from risk of minor discomfort to catastrophic injuries including permanent disability and death. You are aware of and assume all risks associated with participating in the Event, including without limitation risks of permanent injury or death due to falls, obstacles, contact with other participants, acts or omissions of other participants, the effect of weather, traffic, and conditions of any road. In addition, You acknowledge the danger and contagious nature of COVID-19 and other communicable diseases and voluntarily assume the risk that You may be exposed to or infected by COVID-19 and/or other communicable diseases by participating in this Event. You acknowledge that such exposure or infection may result in personal injury, illness, permanent disability, and/or death. You understand the risk of becoming exposed to or infected by COVID-19 in connection with my participation in this Event and personally assume this risk.
3. RELEASE AND WAIVER OF LIABILITY. In consideration of Your registration for and participation in the Event, You accept any and all risks of participation and agree to release, discharge, hold harmless and indemnify (and covenant and agree not to sue) Diamond Sports Net Detroit, LLC, Big River Race Management, LLC, The Detroit Pistons Basketball Company, Detroit Lions Inc., Detroit Redwings Hockey Club, Detroit Tigers, Inc., all Event sponsors, their respective parents and all affiliated companies thereof, including employees, agents, licensees, designees, and any other individuals who are in any way associated with this Event, including, without limitation, Event volunteers (collectively, the “Released Parties”), on behalf of Yourself and You heirs from any and all liability, claims, demands, and/or actions, which are related to, arise out of, or in any way connected with Your participation in this Event, whether caused by the negligence of the Released Parties or not.
Nothing in this agreement shall be construed as limiting or excluding released parties’ liability for (a) death or personal injury caused by gross negligence; (b) fraud or fraudulent misrepresentation; or (c) any other matter for which it would be illegal or unlawful to exclude or attempt to exclude liability. Your statutory rights as a consumer are not affected by this Agreement.
4. INDEMNITY. You agree to indemnify, defend, and hold harmless Released Parties and all other persons associated with the Event, from all liabilities arising out of or in any way connected with (a) Your participation in the Event, including without limitation any liability caused by Your negligence (including any negligent rescue attempt), the action or inaction of Released Parties, or (B) any violation by You of any terms of this Agreement.
5. Representations. You represent and warrant that You are in good physical condition, are able to safely participate in the Event, and have no medical condition that would make Your participation in the Event more hazardous. You consent to medical care and transportation in order to obtain treatment in the event of injury to You and understand that this Agreement extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury. You understand that no medical care may be available, but if it is, You assume liability for any and all medical expenses incurred as a result of Your participation in the Event (where such medical expenses are not provided on a free of charge basis by any medical services organizations, clinics, or hospitals), including, but not limited to ambulance transport, hospital stays, physician, and pharmaceutical goods and services. You agree to observe and obey all posted rules and warnings, to follow any instructions or directions provided to You by Race Management and to abide by any decision of any Event official relative to Your ability to safely participate in or attend the Event. You understand and agree that You are expected to exhibit appropriate behavior at all times while at the Event and to obey all applicable laws while participating in or attending the Event. This includes, generally, respect for other people, equipment, facilities or property. You agree that Event officials may dismiss You, without refund, should Your behavior, in the opinion of Race Management, endanger the safety of or negatively affect the Event. You understand and agree that You are responsible for taking care of Your own personal belongings during the Event and, to the maximum extent permitted by law, Race Management is not responsible for any personal item or property that is lost, damaged or stolen at the Event. You understand and agree that Race Management reserves the right to cancel the Event in the event of weather (including, but not limited to, heat, tornadoes, earthquakes, fires, storms, lightning and floods), accidents, acts of war or terrorism, military conflicts or riots, prevalence of infectious diseases such as COVID-19, or for any reason that would affect the safety and security of Event participants and/or spectators or the feasibility of the Event to be held. In the event of such cancellation or any other cancellation for any reason, there will be no refund of Your payment unless authorized and paid by Race Management. You agree to hold Race Management harmless from any liability, claim, demand, cause of action, damage, loss, or expense (including court costs and reasonable attorneys’ fees) of any kind or nature, related to any cancellation or disruption of the Event.
6. DISCLAIMER OF WARRANTIES. You expressly agree that the use of Race Management’s services is at Your sole risk. The services are provided on an “as is” and “as available” basis. Race Management makes no warranty that its services will be uninterrupted, secure, or error-free. Race Management 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. Race Management does not guarantee the accuracy or completeness of any information on, or provided in connection with, the Event website. Race Management is not responsible for any errors or omissions, or for the results obtained from the use of such information.
7. Use of Likeness. You hereby grant the Released Parties the absolute and irrevocable right and permission to film You, take photographs, pictures or other portraits of You, videotape and otherwise record You, and to record Your voice, conversations, and sounds, along with Your name, likeness, image and voice (collectively, “Recordings”), all of which may be used, and to copyright and/or use and/or publish the Recordings in whole or in part, as well as any and all other materials that may include the Recordings, in conjunction with Your own or fictitious name, in any media now or hereinafter existing, including without limitation any and all television, Internet and/or paid media, including third-party websites and social networking sites, for any purpose whatever, throughout the world, in perpetuity, without further compensation or notification to You, except where prohibited by law. You hereby agree to indemnify and hold harmless the Released Parties from and against any and all claims or liabilities arising out of the taking, processing, reproduction, and/or use of the Recordings in accordance with the terms hereof, including but not limited to claims in the nature of copyright infringement, defamation, disparagement, slander, false light, invasion of privacy or publicity or the like.
8. Severability. You further expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by applicable law, and if any provision of this Agreement is held to be unenforceable by a court of competent jurisdiction for any reason whatsoever, (a) the validity, legality, and enforceability of the remaining provisions of this Agreement (including without limitation, all portions of any provisions containing any such unenforceable provision that are not themselves unenforceable) shall not in any way be affected or impaired thereby, and (b) to the fullest extent possible, the unenforceable provision shall be deemed modified and replaced by a provision that approximates the intent and economic effect of the unenforceable provision and the Agreement shall be deemed amended accordingly.
9. Applicable Law. You consent to the jurisdiction of the State of Michigan. You further expressly agree that the foregoing Agreement is intended to be as broad and inclusive as is permitted by the law of the State of Michigan and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect.
10. Acceptance. By indicating Your acceptance of this Agreement, You are affirming that You have read this agreement and fully understand its terms. You understand that You and all registered parties are giving up substantial rights, including the right to sue. You acknowledge that You are agreeing to this agreement 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. If the participant is a minor or incapacitated adult, You certify that You are the participant’s parent or guardian and agree to this Agreement from liability on behalf of the participant.
