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 Market to Market Relay Nebraska and its related (‘Events)’ which include In-Person and Virtual Events.
ENTRANT WAIVER AND RELEASE OF LIABILITY
I assume any and all risks associated with the Event, 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 entry in the event and the enjoyment, leisure and pleasure that I will personally receive by participating in the event 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 event organizer and its related entities, affiliates, agents, employees, officers or directors, all cities and police departments with jurisdiction over the route, other event 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 event. This release extends to risks and claims of all nature and kind.
I realize that participation in the Event 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 the Race Guide and online), to follow any instructions or directions given by Pink Gorilla Events through its employees, volunteers, representatives or agents, and to abide by any decision of any Event official relative to my ability to safely compete in the Event.
As it applies to my participation in this Event, 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/prepare/prevention.html. I also agree to abide by any COVID-19 distancing and other safety guidelines issued by the state, the community or by this Event for my participation in this Event.
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 Event.
I agree not to consume alcohol prior to or during the Event or use any medicines or substances that will inhibit my mental or physical ability to safely and effectively participate in the Event.
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 Event. 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 Event, person, facility or property. I also agree to indemnify Pink Gorilla Events its owners, officers, past and present employees, agents and Event sponsors from any and all third party claims caused in whole or in party 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 Event.
I understand that pets, wheeled baby conveyances or other wheeled means of conveyance are NOT permitted on the Event course.
I consent to the use of my image in photographs, motion pictures or recordings taken at the Event for use in Event 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 Event 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 Event in the event of 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 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 my registration fee.
I agree that Pink Gorilla Events reserves the right to alter the Event 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 the In-Person Event is cancelled due to Coronavirus, I agree that no refunds will be issued and that Pink Gorilla Events reserves the right to offer participants the following options:
Defer Registration to the Following Year’s In-Person Event: Participants that choose this option by the decision deadline announced upon cancellation will have their registration deferred to the following year’s In-Person Event for a $100 deferral fee. They will not receive any participant materials for the current year’s event except for optionally selected paid add-ons which will be shipped to them. Registrations may only be deferred for one year. In other words, Teams that defer to next year’s event, but do not compete in the following year, will forfeit 100% of their entry fees.
Transfer Registration to Virtual Event: Participants will have their registration transferred to the current year’s Virtual Event. They will receive participant materials for the current year’s Virtual Event including any optionally selected paid add-ons which will be shipped to them.
Cancellation Due to Weather or Other Dangerous Condition
In the event that the In-Person Event is cancelled due to weather or other dangerous condition, 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 cancelled due to weather or other dangerous conditions that deferrals will not be allowed and 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.
FOR VIRTUAL EVENTS
Virtual Event Waiver
I know that running in an event that is organized as a virtual activity where I run on my own, at a date and time of my choosing, in a location and running 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/prepare/prevention.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 run 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 running 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 running 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 entry, 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 run 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
Participant Age Policy: All participants under the age of 18 must have a parent or legal guardian sign their waiver. Individuals under the age of 12 are not permitted to run in the Market to Market® Relay.
Refund Policy: All registration fees and add-on payments are final and non-refundable under any and all circumstances including cancellation, postponement, or alteration. Any roster changes including captain or runner substitutions should be made via the online Roster Tool. This policy stays in effect whether one of your runners is injured or you have an unexpected business or family emergency. Any inquiry regarding this policy will be directed back to this policy.
Important Dates and Deadlines:
Preliminary Roster Deadline: July 1, 2022
Final Roster Deadline: August 12, 2022
Final Deferral Deadline: September 23, 2022
Deferral Policy: In-Person Team registrations and associated entry fees can be deferred to the following year’s Event of the same Race at no cost up until the published “Final Roster Deadline". After the published “Final Roster Deadline”, team registrations and associated entry fees can be deferred to the following year’s Event of the same Race for a $100 deferral fee up until the published “Final Deferral Deadline”. After the published “Final Deferral Deadline”, teams will not be able to defer to next year. Registrations may only be deferred for one year. In other words, Teams that defer to next year, but do not compete in the following year, will forfeit 100% of their entry fees. Any inquiry regarding this policy will be directed back to this page.
Event to Event Transfer Policy: In-Person Team registrations may be transferred from this Race’s In-Person Event to the Virtual Event ($0 transfer fee) any time prior to 11:59 PM on the day before race day of the In-Person Event. Event to Event Transfers are not allowed from this Race’s Virtual Event to the In-Person Event. After these transfer deadlines, no transfers will be allowed.
Race to Race Transfer Policy
Transfers will not be allowed to Races outside of the Market to Market Relay Nebraska.
Roster Changes Policy: Runners can be added to your team at no cost (up to 8 runners) up until the published “Final Roster Deadline.” Teams needing to add a new runner after the published “Final Roster Deadline” will be considered a late addition and will be required to pay a $15 late roster change fee for each new runner added. Late additions after the “Final Roster Deadline” will not change your team’s starting wave or shirt sizing. Runners can be removed from your team at any time for no fee.
Captain Transfers (Changes) Policy: Teams may transfer their team captain to another runner at any time using the online roster tool.
Disqualifications Policy: The Market to Market® Relay reserves the right to reject any entry and to disqualify and bar any individual or team from the event. This rejection/disqualification may be based on, but is not limited to, non-payment of event fees, competing with an unofficial number, competing with an official number assigned to another competitor without completing the proper forms, crossing the finish line without having completed the entire course, or providing false information on event entry forms. The Market to Market® Relay reserves the right to change the details of the event at any time.
PARTICIPANT MATERIALS POLICIES (FOR IN-PERSON EVENTS)
Participant Materials Fulfillment Policy: Participant materials include race bib, giveaway item, and any complimentary or paid add-ons optionally selected during registration. Participants should plan to attend regularly scheduled packet pickup dates in order to pick up their participant materials. Participant materials will not be shipped prior to 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 2 weeks following the Event.
Shirt Exchange Policy: 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 2 weeks following the Event.
Awards Policy: Awards will be shipped within two weeks of the event to team captains. Staff will coordinate with captains to verify their shipping address is still accurate.
PARTICIPANT MATERIALS POLICIES (FOR VIRTUAL EVENTS)
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: Shirt exchanges for Virtual Event participants are not guaranteed and are dependent upon sizing. 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.