THE CHOSEN CHALLENGE PARTICIPANT WAIVER AND RELEASE OF LIABILITY
In consideration of being permitted to register for and participate in The Chosen Challenge virtual running and/or walking event, including all related training, preparation, travel, and event activities (collectively, the “Event”), I, the undersigned participant, agree as follows:
Acknowledgment of Risks. Running, walking, training for, and participating in the Event are inherently hazardous activities that may result in accident, property damage, serious injury, illness, permanent disability, or death. I knowingly and voluntarily assume all risks, known and unknown, associated with the Event, including without limitation: falls; overexertion; dehydration; contact with others, vehicles, or objects; weather conditions; dangerous surface conditions; and the actions or omissions of others.
My Route and Conditions. This is a virtual event and I alone will choose the date, time, route, location, pace, and conditions of my participation. No course will be monitored, controlled, or supervised by Come and See Foundation, Inc. (“CAS”), Lumen Group, Inc. (“Lumen”), or any other Released Party, and no traffic control, medical personnel, hydration stations, or event staff will be provided. I accept full responsibility for route safety, legal compliance, and personal safety decisions.
My Health. I represent that I am physically able to participate safely, have no medical condition that would make participation more dangerous, and will stop immediately if I experience pain, dizziness, distress, or any condition creating a risk of harm.
Rules and Conduct. I agree to comply with all Event rules and instructions. CAS and/or Lumen may suspend or revoke my participation for safety, misconduct, or rule violations. Any use of headphones or personal music devices is at my sole risk.
Release and Waiver of Claims. To the fullest extent permitted by applicable law, I, on behalf of myself and my heirs, estate, personal representatives, successors, and assigns, irrevocably waive, release, discharge, and covenant not to sue CAS, Lumen, and each of their respective current and former officers, directors, employees, volunteers, agents, contractors, sponsors, affiliates, and assigns (collectively, the “Released Parties”) from any and all claims, liabilities, damages, losses, costs, and expenses of any kind, whether known or unknown, arising out of my registration for, preparation for, or participation in the Event, including claims arising from the ordinary negligence of any Released Party.
Limitations of Release. I understand that nothing in this Waiver releases any claim that cannot be released under applicable law.
Indemnification. I agree to defend, indemnify, and hold harmless the Released Parties from any claims arising out of my acts, omissions, conduct, or participation in the Event, including claims brought by third parties.
Photo and Media Release. I grant the Released Parties permission to use my name, image, likeness, voice, and any photos, videos, or recordings of me in any media for lawful promotional and fundraising purposes, without notice or compensation.
Fees Nonrefundable. Entry fees, donations, and other payments are final and nonrefundable, even if the Event is canceled, postponed, modified, or terminated for any reason, including circumstances beyond the control of Event organizers.
Severability; Construction. If any provision of this Waiver is held invalid or unenforceable, the remaining provisions shall remain in full force and effect, and this Waiver shall be interpreted as broadly as permitted by applicable law.
Governing Law and Venue. This Waiver shall be governed by North Carolina law, without regard to conflict-of-law principles. Any dispute shall be brought exclusively in the state or federal courts in Wake County, North Carolina, and I consent to personal jurisdiction there.
Electronic Signature; Complete Agreement. Electronically signing or submitting my registration constitutes my legally binding acceptance of this Waiver, which is the entire agreement between me and the Released Parties on this subject and supersedes any prior oral or written statements.
