PARTICIPANT WAIVER, RELEASE OF LIABILITY, AND EVENT POLICIES

Scope of Agreement

In consideration of acceptance of my registration and permission to participate, I acknowledge and agree to the following terms. This agreement applies to the event identified in my registration and its associated activities. If I register through a Kanawha Valley 5K Winter Series bundle, this agreement applies to each race included in that bundle, including any rescheduled or virtual version of those races.

Acknowledgment and Assumption of Risks

I understand that running, walking, and participating in a road race are potentially hazardous activities that may result in property damage, serious injury, permanent disability, illness, or death.

I voluntarily assume the risks associated with my participation, including falls; contact with participants, spectators, vehicles, animals, or objects; traffic; uneven pavement; potholes; course conditions; equipment; physical exertion; dehydration; and weather conditions, including snow, ice, freezing temperatures, cold exposure, heat, humidity, rain, and reduced visibility. I also understand that participation may involve exposure to communicable illnesses, including COVID 19.

I acknowledge that courses may not be completely closed to traffic and may remain open to vehicles, pedestrians, and other customary uses. Course markings, volunteers, and traffic control measures do not eliminate all hazards. I am responsible for remaining alert, following instructions, and exercising reasonable care.

I understand that these examples do not describe every possible risk. I knowingly and voluntarily accept the risks ordinarily associated with participation, including risks that may not be apparent at the time of registration.

Release of Liability

To the fullest extent permitted by applicable law, I waive and release claims for injury, illness, death, property damage, or other loss arising from or connected with my participation in the event and associated activities before, during, or after the event.

The parties covered by this release are the event organizer; Event Director; Appalachian Timing Group LLC, doing business as APTiming and operating APTiming.com; RunSignup.com and its operating entity; participating host municipalities; venue owners and operators; property owners permitting event activities; sponsors; and the respective agents, representatives, contractors, volunteers, and employees of these parties who are involved in the event. These parties are collectively referred to as the “Released Parties.”

THIS RELEASE INCLUDES CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES, TO THE EXTENT SUCH CLAIMS MAY LAWFULLY BE RELEASED.

Nothing in this agreement releases liability that cannot legally be waived under applicable law. This agreement is intended to bind me and, to the extent permitted by law, my heirs, executors, administrators, personal representatives, and assigns.

Physical Readiness and Race Official Instructions

I represent that I am physically able and sufficiently prepared to participate in the distance and activity for which I register. I am responsible for assessing my health, fitness, and training and for obtaining medical advice or clearance when appropriate or required.

If medical clearance is required by the event or recommended by my treating medical professional, I will obtain that clearance before participating. I will not participate against medical advice.

I agree to follow event rules and instructions from race officials, including decisions concerning my ability to start, continue, or safely complete the event. I will stop participating if I experience symptoms or conditions that make continued participation unsafe.

Emergency Medical Care

If I experience an illness, injury, or medical emergency during event activities, I authorize the Event Director, event personnel, and emergency responders to arrange emergency evaluation, transportation, and treatment by an accredited hospital, clinic, physician, or other qualified medical provider when necessary.

I understand that medical assistance may not be immediately available at every point on the course. I accept financial responsibility for medical services provided to me, including transportation, medications, treatment, and hospitalization.

Communicable Illness and Health Requirements

I agree to follow applicable public health requirements and event safety instructions, including any COVID 19 precautions or distancing requirements in effect for the event.

I am responsible for reviewing event communications and relevant public health guidance, including applicable guidance from the Centers for Disease Control and Prevention at https://www.cdc.gov and requirements issued by state or local authorities.

I will not attend if I am feeling ill on race morning, have symptoms of a potentially contagious illness, or have been advised to isolate or avoid group activities. If I have recently been ill, I will assess whether I can safely participate and follow applicable medical and public health guidance.

Photography, Recordings, and Results

I grant the Released Parties permission to use my name, voice, likeness, photographs, video, and other recordings captured in connection with the event, as well as my participation and race results, for legitimate event purposes. These purposes include timing, results publication, event reporting, promotion, and related print, video, and electronic publications, without compensation to me.

Entry Fees, Bibs, and Refund Policy

I understand and agree that all entry fees are nonrefundable, except where a refund is required by applicable law. This policy applies if I choose not to participate, cannot attend, become ill or injured, or cannot attend a rescheduled event.

Bib numbers and registrations may not be transferred to another person without authorization through any official transfer process offered by the organizer. I will not give my bib to another person or participate using someone else’s registration.

Cancellation, Postponement, Relocation, and Event Changes

The organizer may cancel, postpone, relocate, shorten, modify, or convert the event to a virtual format when reasonably necessary because of weather, unsafe conditions, natural disasters, public health concerns, emergencies, government requirements, loss of venue access, or other circumstances affecting event operations or safety.

No refund will be provided because of these changes, except where required by law. This includes situations in which I cannot attend a new date, do not wish to participate at a new location, or choose not to participate in a virtual format.

Event details, courses, schedules, locations, and safety procedures may change, including at the last minute. The organizer will make reasonable efforts to communicate material changes through the race page, registration email, or other event communication channels. Emergencies may require changes without advance notice.

Virtual Participation and Merchandise

If the event converts to a virtual format, I understand that my registration may be converted to virtual participation without a refund. Any virtual participation remains voluntary.

For virtual participation, I am responsible for choosing a safe route and appropriate conditions, following traffic laws, assessing my physical readiness, and arranging access to assistance if needed. I understand that event personnel, traffic control, aid stations, and medical support will not be present on my chosen route.

If an in person event converts to virtual participation, merchandise included with my registration and any separately purchased event merchandise will be made available through mailing or a communicated pickup option. Distribution arrangements and any applicable shipping terms will be communicated by the organizer. No additional shipping charge will be imposed without my agreement.

Merchandise eligibility is determined by the registration package and purchases shown in my confirmation. This provision does not create an entitlement to a shirt, hoodie, medal, or other item that was not included with my registration or purchased separately. Individual race entries and series bundles may include different items. Any stated participation or completion requirements for awards or medals continue to apply unless the organizer announces otherwise.

Race Rules and Policy Updates

I agree to follow the Race Rules and Policies published on the race page, including applicable course, conduct, health, and safety requirements.

I understand that reasonable operational and safety updates may be made before or during the event. I am responsible for reviewing event communications and the current race page before participating. This provision does not authorize the organizer to expand my liability release retroactively without any additional consent required by law.

Participants Under Age 18

If I am registering a participant under age 18, I certify that I am the participant’s parent or legal guardian and have authority to consent to their participation.

I have read this agreement, understand the risks and event policies, and authorize the minor to participate. I agree to explain the rules and risks to the minor in an age appropriate manner and ensure that the minor is adequately prepared and supervised as required by the event.

I authorize emergency medical care for the minor as described above and accept financial responsibility for that care. I consent to the use of the minor’s name, likeness, recordings, and results as described above.

To the fullest extent permitted by applicable law, I agree to this release on behalf of myself and the minor. I understand that the legal effect of a parent or guardian’s release of a minor’s claims is governed by applicable law and that this agreement does not waive rights that cannot legally be waived.

Acknowledgment and Electronic Acceptance

I acknowledge that I have read and understood this agreement, including its assumption of risk, release of liability, event change provisions, and no refund policy. I understand that I am giving up certain legal rights.

By electronically accepting this agreement and submitting the registration, I voluntarily agree to its terms. I certify that I am age 18 or older or am the parent or legal guardian accepting this agreement for a participant under age 18.

If any provision is found unenforceable, the remaining provisions will continue in effect to the extent permitted by applicable law.