As lawful consideration for being permitted to participate in the 2026 Little Debbie Christmas
Tree Cake Family Fun Run (the "Event"), you agree to all the terms and waiver (the "Agreement
and Waiver") set forth below. For the purposes of this Agreement and Waiver, "Race Parties"
shall refer to McKee Foods Corporation, Terra Running Company (“TRC”) and their parents,
affiliates and subsidiaries, and all of the respective officers, directors, employees, and agents
thereof, and Event sponsors, volunteers, contractors, subcontractors and their employees,
representatives, agents and heirs.
You agree to abide by any decision of the Race Parties relative to any aspect of your
participation in the Event, including the right of the Race Parties to deny or suspend your
participation in the Event for any reason whatsoever. You attest that you have read all
applicable rules of the Event including this Agreement and Waiver and any applicable legal
terms located at the Event race page at www.runsignup.com and agree to abide by them. You
assume all risks to you associated with running in the Event, including but not limited to: falls,
contact with other participants or pedestrians, the effects of the weather, including high heat
and/or humidity, traffic and the conditions of the road or trail, with all such risks being known
or unknown and appreciated by you when out running on your own without any type of
support from local officials or Race Parties.
1. Authority to Register and/or to Act as Agent.
You represent and warrant to the Race Parties that you are 18 years of age or older have full
legal authority to complete this Event registration on behalf of yourself and/or any party 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. If you are registering a person under the
age of 13 or an incapacitated adult, you represent and warrant that you are the parent or legal
guardian of that party and have the legal authority to enter into this Agreement on their behalf
and agree that all sections of this Agreement and Waiver shall apply equally to all Registered
Parties as if the Registered Party were completing this Event registration. For the avoidance of
doubt, references to "you" or "your" apply to Registered Parties.
2. Waiver.
YOU ARE VOLUNTARILY PARTICIPATING IN THE EVENT AND UNDERSTAND THAT PARTICIPATION
IN THE EVENT IS POTENTIALLY HAZARDOUS, AND THAT A REGISTERED PARTY SHOULD NOT
PARTICIPATE UNLESS THEY ARE MEDICALLY ABLE AND PROPERLY TRAINED. YOU UNDERSTAND
THAT EVENTS MAY BE HELD OVER PUBLIC ROADS AND FACILITIES OPEN TO THE PUBLIC DURING
THE EVENT AND UPON WHICH HAZARDS ARE TO BE EXPECTED. PARTICIPATION CARRIES WITH
IT CERTAIN INHERENT RISKS THAT CANNOT BE ELIMINATED COMPLETELY RANGING FROM
MINOR INJURIES TO CATASTROPHIC INJURIES INCLUDING DEATH. YOU UNDERSTAND AND
AGREE THAT IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE EVENT, YOU
AND/OR ANY REGISTERED PARTY, THE HEIRS, PERSONAL REPRESENTATIVES OR ASSIGNS OF
YOU AND/OR THE REGISTERED PARTY DO HEREBY RELEASE, WAIVE, DISCHARGE AND
COVENANT NOT TO SUE THE RACE PARTIES FOR ANY AND ALL LIABILITY FROM ANY AND ALL
CLAIMS ARISING FROM PARTICIPATION IN THE EVENT BY YOU OR ANY REGISTERED PARTY. YOU
AGREE TO ASSUME YOUR OWN MEDICAL EXPENSES IN THE EVENT OF AN ACCIDENT OR OTHER
INJURY RESULTING FROM OR OCCURING DUE TO YOUR PARTICIPATION IN THE EVENT.
YOU FULLY UNDERSTAND YOU ARE FOREVER GIVING UP IN ADVANCE ANY RIGHT TO SUE OR
MAKE ANY CLAIM AGAINST THE RACE PARTIES IF YOU SUFFER SUCH INJURIES AND DAMAGES
EVEN THOUGH YOU DO NOT KNOW WHAT OR HOW EXTENSIVE THOSE INJURIES AND
DAMAGES MIGHT BE AND ARE VOLUNTARILY ASSUMING THE RISK OF SUCH INJURIES AND
DAMAGE.
3. Limitation of Liability; Disclaimer of Warranties.
THE RACE PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES (A) RESULTING FROM THE EVENT OR YOUR PARTICIPATION IN THE
EVENT; (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (C) FOR
ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO WITH
OR THROUGH THE RACE PARTIES; OR (D) RESULTING FROM UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO DAMAGES
FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF THE RACE PARTIES HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT
ENTERING INTO THE EVENT IS BY YOUR OWN FREE WILL AND AT YOUR SOLE RISK. YOU AGREE
THAT YOU WILL NOT PARTICIPATE IN THE EVENT UNLESS YOU ARE HEALTHY, MEDICALLY ABLE
AND PROPERLY TRAINED. THE RACE PARTIES 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.
4. Indemnification.
You agree to indemnify and hold each of the Race Parties harmless from and against any and all
damages, costs, claims or demands, including reasonable attorneys' fees, made by you or any
third party due to, arising from or relating to your participation in the Event or the violation by
you of any term of this Agreement and Waiver as well as all applicable legal terms located at:
www.runsignup.com.
5. Applicable Law; Consent to Jurisdiction.
By completing this Event registration, both you and the Race Parties agree that the laws of the
State of Tennessee, without regard to the conflict of laws principles thereof, will apply to all
matters relating to this Event, this Agreement and Waiver, the Terms of Use and/or other use
of the related event sites. You agree that exclusive jurisdiction for any dispute with any of the
Race Parties resides in the courts of the State of Tennessee and you further agree and expressly
consent to the exercise of personal jurisdiction in the courts of the State of Tennessee in
connection with any dispute, including any claim involving the Race Parties or its parents,
affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers
and content providers.
6. Severability.
You further expressly agree that this Agreement and Waiver is intended to be as broad and
inclusive as is permitted by the law of the State of Tennessee and that if any provision of this
Agreement and Waiver shall be found to be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from this Agreement and Waiver and shall not
affect the validity and enforceability of any remaining provisions.
7. Individual Registrant
BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND WAIVER, YOU ARE AFFIRMING
THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND WAIVER AND FULLY
UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS,
INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE SIGNING THE AGREEMENT
AND WAIVER 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.
8. Multiple Registrants
BY INDICATING ACCEPTANCE OF THIS AGREEMENT AND WAIVER, ALL REGISTRANTS IN THIS
TRANSACTION ARE AFFIRMING THEY HAVE READ AND UNDERSTAND THIS AGREEMENT AND
WAIVER AND FULLY UNDERSTAND ITS TERMS. ALL REGISTRANTS UNDERSTAND THAT THEY ARE
GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. ALL REGISTRANTS
ACKNOWLEDGE THAT THEY ARE SIGNING THE AGREEMENT AND WAIVER FREELY AND
VOLUNTARILY AND INTEND BY THEIR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL
RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
9. Photo Video Release
By participating in the Event, you will be taking part in activities where photography, audio, and
video recording may occur. By registering for the Event, you consent to photography, audio
recording, video recording and its/their release, publication, exhibition, or reproduction to be
used for news, web casts, promotional purposes, telecasts, advertising, inclusion on websites,
social media, or any other purpose by the Race Parties, their affiliates and representatives. You
permit, authorize, grant, and license to Race Parties the right to use your name, image, likeness,
appearance, and voice, and all materials created by or on behalf of the Race Parties that
incorporate any of the foregoing (the "Materials") in perpetuity throughout the world in any
medium whatsoever without further consent from or royalty, payment, or other compensation
to you. In the event that you are registering a minor, you represent that you are the parent or
legal guardian of the minor and permit, authorize, grant, and license to Race Parties the right to
use the minor's name, image, likeness, appearance, and voice in all Materials in perpetuity
throughout the world in any medium whatsoever without further consent from or royalty,
payment, or other compensation to you or the minor. Race Parties shall be exclusive owner of
all rights in the Materials, including copyright. Images, photos and/or videos may be used to
promote similar races or events in the future. You release the Race Parties including each of
their respective officers and employees, and each and all persons involved from any liability
connected with the taking, recording, digitizing, or publication and use of interviews,
photographs, computer images, video and/or sound recordings. By participating in the Event,
you waive all rights you may have to any claims for payment or royalties in connection with any
use, exhibition, streaming, web casting, televising, or other publication of these materials,
regardless of the purpose or sponsoring of such use, exhibiting, broadcasting, web casting, or
other publication irrespective of whether a fee for admission or sponsorship is charged. You
also waive any right to inspect or approve any photo, video, or audio recording taken by the
Race Parties or the person or entity designated to do so by the Race Parties. You have been
fully informed of your consent, waiver of liability, and release before participating in this Event.
Privacy Notice:
I agree that my personal information collected through my participation in the Event will be
processed by Race Parties for the purposes of operating the Event or in connection with the
Event.
I also acknowledge and agree that, after I complete my race, my results, along with my name,
gender, age and state/place of residence may, at the discretion of the Event, be publicly
available on an event leaderboard.
Please read the Privacy Policies of the Race Parties for more information on how your personal
data will be handled.