Please read the following waiver, release and policies carefully, as it affects your future legal rights. By entering your online signature below, you acknowledge that you have carefully read and fully understood this waiver, release, and policies, and agree to their terms for the Born and Raced in Nebraska (BRIN) Series (‘Race Series’), its related (‘Races)’ which include Leprechaun Chase, Cornfield Cornfield, and Harvest Moon Hustle, and their related (‘Events)’ which include In-Person and Virtual Events.
ENTRANT WAIVER AND RELEASE OF LIABILITY
I assume any and all risks associated with the Race Series, its related Races, and their related Events, including, but not limited to, the hazards of slips and falls, animal attacks, motor vehicles, adverse weather, bad footing, dehydration, and bad companions, all such risks being known and fully appreciated by me. Knowing these facts, and in consideration of the acceptance of my registration in the Race and the enjoyment, leisure and pleasure that I will personally receive by participating in the Race as an entrant, I hereby, for myself, my heirs, executors, administrators, or anyone acting for or on my behalf, release, covenant not to sue, and hold harmless the Race organizer, Off the Clock Events, LLC (hereafter referred to as Pink Gorilla Events), and its related entities, affiliates, agents, employees, officers or directors, all cities and police departments with jurisdiction over the route, other Race volunteers, and any and all sponsors, including their agents, employees, assigns or anyone acting for on behalf of the above, from any and all claims of liability for death, personal injury, or property damage of any kind or nature arising out of or related to my participation in or relationship with the Race . This release extends to risks and claims of all nature and kind.
I realize that participation in the Race Series, its Races, and Events involves certain risks and dangers and is a vigorous activity involving severe respiratory and cardiovascular stress. I acknowledge that I have been made aware that participation in these Activities has the following non-exclusive list of certain risks which I accept: death; head, eye, neck, and spinal injury resulting in complete or partial paralysis; brain damage; heart attack; blisters; cuts; lacerations; abrasions; concussions; contusions; strains; sprains; dislocations; fractures; cold and heat injuries; water immersion; drowning; lightning strikes; injury to bones, joints, muscles, internal organs; illness or death from transmission of communicable disease; and environmental conditions.
This release shall be governed by, and construed in accordance with, the internal laws of the State of Nebraska, USA. Any legal action or proceeding between the undersigned and any party released hereunder shall be brought only in the district courts of Nebraska, or the United States District Court for the District of Nebraska, and, by execution and delivery of this release, the undersigned generally and unconditionally, accepts the jurisdiction of the aforesaid courts and hereby irrevocably waive any objection thereto, including, without limitation, personal jurisdiction or forum non conveniens.
I agree to observe and obey all posted rules and warnings (including rules in any published Race guide, Race website, or Race email), to follow any instructions or directions given Pink Gorilla Events through its employees, volunteers, representatives or agents, and to abide by any decision of any Race official relative to my ability to safely compete in the Race Series, its Races, and Events.
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/coronavirus/2019-nCoV/index.html. I also agree to abide by any COVID-19 distancing, mask mandates, or other safety guidelines issued by the state, the community or by this race for my participation in this Race.
If I am pregnant, disabled in any way or have recently suffered an illness or injury, I should have or did consult a physician before participating in the Race .
I agree not to consume alcohol prior to or during the Race or use any medicines or substances that will inhibit my mental or physical ability to safely and effectively participate in the Race .
I understand and agree that I am expected to exhibit appropriate behavior at all times and to obey all local, state and federal civil and criminal laws at all times while participating in or attending the Race. This includes, generally, respect for all people, equipment, facilities or property. This also includes obeying all local, state and federal traffic laws. Pink Gorilla Events may dismiss me, without refund, should my behavior endanger the safety of or negatively affect the Race, person, facility or property. I also agree to indemnify Pink Gorilla Events its owners, officers, past and present employees, agents and Race sponsors from any and all third party claims caused in whole or in part by my negligent or intentional acts or omissions.
I agree that Pink Gorilla Events is not responsible for any personal items or property that is lost, damaged or stolen at the Race.
I understand that pets, wheeled baby conveyances or other wheeled means of conveyance are NOT permitted on the Race course.
I consent to the use of my image in photographs, motion pictures or recordings taken at the Race for use in Race advertising, marketing or promotion. This includes but is not limited to print media, web and social media sites such as Facebook. I also consent to the use of my image for use in bib-tagged photographs taken at the Race that may appear online for free downloads by participants.
I agree that all registration fees and add-on payments are final and non-refundable under any and all circumstances including cancellation, postponement, or alteration.
I agree that Pink Gorilla Events reserves the right to alter or cancel the Race’s Events for reasons related to extreme weather (including, but not limited to, heat, tornadoes, earthquakes, fires, storms, lightning and floods), accidents, acts of war or terrorism, coronavirus (COVID-19), pandemic or other public health emergency, military conflicts, protests or riots or for any reason that, in Pink Gorilla Events’ discretion, will protect the safety and security of Event participants and spectators. In the event of such alteration or cancellation, there will be no refund of registration fees.
I agree that Pink Gorilla Events reserves the right to alter the Race’s Events or related packet pickups. Alterations to the Event may include but are not limited to Event location, date (postpone), time, distance, route, surface, participant materials or Event format (including Virtual Event, In-Person Event or In-person Socially Distant Event formats), or packet pickup location, date, time or format. In the event of Event or packet pickup alteration, refunds will not be issued.
FOR IN-PERSON EVENTS
I consent to medical care and transportation in order to obtain treatment in the event of injury to me as Pink Gorilla Events, volunteers or medical professionals may deem appropriate and understand that this Waiver & Release 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.
Cancellation Due to Coronavirus
In the event that an In-Person Event of a Race is cancelled due to Coronavirus or similar pandemic or public health emergency, I agree that Pink Gorilla Events reserves the right to alter the In-Person Event to be a Virtual Event and transfer all In-Person Event participants into the Virtual Event. I understand that in the event that the In-Person Event is altered to be a Virtual Event, refunds will not be issued. Participants will receive participant materials for the current year’s Virtual Event including any optionally selected paid add-ons which will be shipped to them. Participants will receive a 20% discount for the In-Person Event of the same Race for the following year or a discount of $10.00 should the participant choose to register for the following year’s BRIN Series.
Cancellation Due to Dangerous Weather or Dangerous Condition
In the event that an In-Person Event of a Race is cancelled due to weather or other dangerous condition, the following policy will be implemented:
Pink Gorilla Events reserves the right to alter the In-Person Event to be a Virtual Event and transfer all In-Person Event participants into the Virtual Event. In the event that the In-Person Event is altered to be a Virtual Event, refunds will not be issued.
Participants that submit a valid finish time during the Virtual Event window will be shipped their finisher medal at no charge.
Participants that submit a valid finish time during the Virtual Event window will be shipped their current year participant materials at no charge if not already picked up at the regularly scheduled packet pickups dates.
Participants that do not submit a valid finish time during the Virtual Event window will not be shipped their participant materials or a finisher medal. For those participants that do not submit a valid finish time during the Virtual Event window, current year participant materials and any complimentary or paid add-ons optionally selected during registration not already picked up at regularly scheduled packet pickup dates can be mailed upon request, but participants must cover the cost of shipping. Sizing is not guaranteed after regularly scheduled packet pickup dates. Participant material requests must be made within 4 weeks following the Event.
If the In-Person Event is cancelled prior to starting, awards will not be issued for divisions or categories. If the In-Person Event is cancelled after starting, In-Person Event results will be recorded and division awards will be issued for the athletes that started the race and crossed the finish line prior to the time of event cancellation only. There are no awards for Virtual Event divisions or categories.
If the In-Person Event is cancelled prior to starting, participants registered for the In-Person Event or Virtual Event at time of event cancellation will receive a 20% discount for the In-Person Event of the same Race for the following year or a discount of $10.00 should the participant choose to register for the following year’s BRIN Series..
If the In-Person Event is cancelled after starting, any participants that crossed the finish line prior to event cancellation will be considered to have received full value and will not receive a discount for the In-Person Event of the same Race for the following year. However, those participants registered for the In-Person Event that did not cross the finish line prior to event cancellation and those participants registered for the Virtual Event at time of event cancellation will receive a 20% discount for the In-Person Event of the same Race for the following year or a discount of $10.00 should the participant choose to register for the following year’s BRIN Series.
FOR VIRTUAL EVENTS
Virtual Event Waiver
I know that participating in an event that is organized as a virtual activity where I participate on my own, at a date and time of my choosing, in a location and route of my choosing, which will not have any support or security measures in place by “Off the Clock Events, LLC dba Pink Gorilla Events” is a potentially hazardous activity, which could result in injury or death. I acknowledge that I am 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 and properly trained, and by my signature, I certify that I am medically able to perform this event, and am in good health, and I am properly trained. I further 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/coronavirus/2019-nCoV/index.html. I attest that if my community has a shelter in place order, that I will only participate in the Virtual Event by using a personal treadmill, and I will not participate outside in the community during the duration of a shelter in place order.
I agree to abide by any decision of a race official relative to any aspect of my participation in this Virtual Event, including the right of any official to deny or suspend my participation for any reason whatsoever. I attest that I have read the rules and policies of the Virtual Event including the terms in this waiver, the timeline of the Virtual Event, and agree to abide by them. I assume all risks to me associated with participating on my own as part of this virtual activity, including but not limited to: falls, contact with other pedestrians, the effects of the weather, including high heat and/or humidity, traffic and the conditions of the road or trail, all such risks being known or unknown and appreciated by me when out participating on my own without any type of support from local officials or event organizers.
Having read this waiver and knowing these facts and in consideration of your accepting my registration, I, for myself and anyone entitled to act on my behalf, waive and release the Off the Clock Events, LLC dba Pink Gorilla Events, Road Runners Club of America, all event sponsors, their representatives and successors from all claims or liabilities of any kind arising out of my participation in this Virtual Event, and waive my ability to bring any legal action against the entities outlined in this waiver as I am voluntarily electing to participate on my own as part of this Virtual Event. I grant permission to all of the foregoing to use my photographs which I may share online as part of the event, personal data provided during registration and post-event reporting, video or audio recordings, or any other record of this event for any legitimate purpose. I understand that this event does not provide for refunds in the event of a cancellation, 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.
I also hereby waive and forever release any and all claims associated with cancellation of the originally-planned In-Person Event. I acknowledge, and re-affirm, my prior agreement, that I will receive no refund in connection with cancellation of the In-Person Event.
POLICIES
Registration Policies
Participant Age Policy: All participants under the age of 18 must have a parent or legal guardian sign their waiver. The minimum age for Race participants is 8 years old on race day.
Refund Policy: All registration fees and add-on payments are final and non-refundable under any and all circumstances including cancellation, postponement, or alteration.
Deferral Policy: In-Person Event participants will be allowed to defer their registration to the following year’s In-Person Event of the same Race ($0 deferral fee) up until 30 days prior to race day at 11:59 PM CST. After this deferral deadline, registrations cannot be deferred. Registrations may only be deferred for one year. Participants that defer their registration to the following year will not receive any participant materials for the current year’s event except for optionally selected paid add-ons which will be shipped to participants after the event. Deferral decisions are final. Registrations cannot be deferred to another year for Virtual Event participants for any reason.
Participants that elect to defer an In-Person Event registration to the following year will be able to register for the In-Person Event of the same Race for the following year or will receive a discount of $40.00 should the participant choose to register for the following year’s BRIN Series.
Event to Event Transfer Policy: Preliminary Transfer Deadline: Participants may transfer from this Race’s In-Person Event to the Virtual Event ($0 transfer fee) up until 10 days prior to race day at 11:59 PM CST. Final Transfer Deadline: After the preliminary roster deadline, participants may transfer from this Race’s In-Person Event to the Virtual Event ($10 transfer fee) up until the day before race day at 11:59 PM CST. After the final transfer deadline, no transfers will be allowed. Transfers from this Race’s Virtual Event to the In-Person Event are not allowed.
Race to Race Transfer Policy
Transfers will not be allowed to Events outside of the registered Race.
Participant to Participant Transfer Policy: Race bibs and registrations cannot be transferred to another person. Participants may not give or sell their race number to another individual. Failure to comply will result in disqualification from the current Race and a ban from the Race for the following year.
PARTICIPANT MATERIALS POLICIES (FOR IN-PERSON EVENTS)
The following Participant Materials policies will be followed for participants that are registered for the In-Person Event as of 11:59PM CST on the day before the scheduled race date for the In-Person Event.
Participant Materials Fulfillment Policy: Participant materials include race bib, giveaway item, and any complimentary or paid add-ons optionally selected during registration. Event day packet pickup may not occur under all circumstances or conditions. Therefore, participants should plan to attend the regularly scheduled advanced packet pickup date(s) prior to race day in order to pick up their participant materials and to avoid paying shipping fees. Participant materials will not be shipped prior to the Event date. After Event day, participant materials can be mailed upon request, but participants must cover the cost of shipping. Sizing is not guaranteed after regularly scheduled packet pickup dates. Participant material requests must be made within 4 weeks following the Event.
Shirt Exchange Policy: Participant shirt exchange will be made available depending on sizing availability and is not guaranteed. Participant shirt exchange, if made available, will be on Event day at the finish line or post-party. After Event day, participant shirts can be exchanged upon request, but participants must cover the cost of shipping. Sizing is not guaranteed after regularly scheduled packet pickup dates. Shirt exchange requests must be made within 4 weeks following the Event.
Finisher Medal Policy: There are no finisher medals for this Race or Event. Participants that complete all 3 BRIN Series races will receive their BRIN Series medal after successful completion of all events, whether completed virtually or in-person.
Awards Policy: Participants that have won an award should plan to pick up their award on Event day following the Event at the scheduled award ceremony or designated award pickup location. After Event day, award winners may request their award be shipped, but the award winner must cover the cost of shipping. Award shipping requests must be made within 4 weeks following the Event. If the award ceremony is not held, awards will be shipped to award winners at no charge.
PARTICIPANT MATERIALS POLICIES (FOR VIRTUAL EVENTS)
The following Participant Materials policies will be followed for participants that are registered for the Virtual Event as of 11:59PM CST on the day before the scheduled race date for the In-Person Event.
Participant Materials Fulfillment Policy:
All Virtual Event participants can choose to pick up their participant materials at the regularly scheduled packet pickup dates or have their participant materials shipped for no charge. Participant materials will be shipped at no charge if not picked up at the regularly scheduled packet pickups dates. All participant materials will ship as soon as possible following the end of the Virtual Event window. Participant materials include race bib, giveaway item, and any complimentary or paid add-ons optionally selected during registration.
Participant Shirt Exchange Policy: Participant shirt exchanges for Virtual Event participants are not guaranteed and are dependent upon sizing availability. Participant shirts can be exchanged upon request, but participants must cover the cost of shipping. Shirt exchange requests must be made within 4 weeks of the end of the Virtual Event window.
Finisher Medal Policy: There are no finisher medals for this Race or Event. Participants that complete all 3 BRIN Series races will receive their BRIN Series medal after successful completion of all events, whether completed virtually or in-person.
Awards Policy: There are no awards for Virtual Event divisions or categories.
