Terms and Conditions
These Terms and Conditions (these “Terms”) are an agreement that describes your rights and responsibilities in connection with any event or activity co-hosted or jointly sponsored by wear blue: run to remember and Team Red, White & Blue, including the jointly sponsored event in honor of the 250th anniversary of the United States and the 25th anniversary of September 11th, One Flag Forward (each, an “Event”). By signing your name on any registration form, typing your name on or submitting any online registration form, clicking a button or box marked “I Agree” (or any similar button or box), or otherwise accepting these Terms in connection with an Event (each such form or submission, a “Registration Form”), you hereby acknowledge that wear blue: run to remember, a 501(c)3 nonprofit organization, Team Red, White & Blue, a 501(c)3 nonprofit organization, and each of their affiliates and their respective officers, directors, shareholders, representatives, agents, and employees (collectively, “Sponsors” or “We”) have not and do not assume any liability for any injury, damage or loss of any nature whatsoever which may occur as a result of your (and/or any minor(s’) named in the Registration Form) participation in or attendance at an Event. In consideration of being permitted by the Sponsors to participate in an Event and in recognition of the Sponsors’ reliance hereon, you agree to all of the terms and conditions set forth in these Terms.
PLEASE NOTE, NO MINOR IS PERMITTED TO SIGN OR OTHERWISE ACCEPT THESE TERMS. IF YOU IDENTIFY ANY MINOR ON THE REGISTRATION FORM AS A PARTICIPANT IN ANY EVENT, YOU REPRESENT AND WARRANT THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER, YOU HAVE REACHED THE AGE OF MAJORITY IN YOUR STATE OF RESIDENCE, AND YOU HAVE THE RIGHT AND AUTHORITY TO CONTRACT ON BEHALF OF YOURSELF AND ON BEHALF OF ANY MINOR WHOSE NAME APPEARS IN THE APPLICABLE REGISTRATION FORM. If you have identified any minor or minors on any Registration Form, by signing or otherwise accepting these Terms you acknowledge and agree that you are entering into these Terms on behalf of each such minor, and where these Terms refer to “You” or “Your” it refers collectively to you (namely, the person signing or otherwise accepting these Terms) and to each minor named in the Registration Form.
1. Personal Health and Fitness. You understand that participating in an Event is potentially hazardous, and You should not enter and participate unless You are medically able and properly trained. We recommend that You consult Your doctor prior to undertaking training. You acknowledge and agree that no Sponsor is advocating or suggesting the performance of dangerous activities, activities above Your skill level or activities that should only be performed by a professional. You have made a voluntary choice to participate in an Event in full knowledge of the risks involved. If You observe or experience any unusual or significant hazard while performing or attempting to perform any activities related to an Event or involved with Your participation or preparation thereof, You will remove Yourself from participation. Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. You assume full responsibility for Your participation in an Event and willingly agree to comply with the stated and customary terms and conditions for participation, including as regards protection against infectious diseases.
2. Traveling to and at an Event. By registering to take part in an Event, You accept
complete responsibility for any injury or accident which may occur while You are traveling to or from an Event, during an Event, or while on the premises of an Event.
3. Use of Images. By taking part in an Event, You hereby perpetually and irrevocably grant to the Sponsors, and any third parties authorized by the Sponsors, the right and license to use Your name(s), portrait(s), picture(s), likeness(es), recorded voice(s), photograph(s), and biographical data, in any form or format, including but not limited to videotapes, motion pictures, photographs, negatives, text, drawings, film, website images, recordings or any other audio-visual records of an Event, without compensation and without restriction as to duration, geography, media (including social media) or frequency, for purposes including but not limited to marketing, advertising, and trade in promoting and publicizing any Event(s), including any future Event(s) that We may organize or administer, and the Sponsors.
4. Disclaimer. Participation in an Event is entirely at Your own risk and You should not enter or participate in an Event unless You are medically able and properly trained. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE AWARE AND UNDERSTAND THAT PARTICIPATION IN AN EVENT IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. YOU ACKNOWLEDGE THAT ANY INJURIES THAT YOU SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF ANY SPONSOR, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF ANY SPONSOR (PROVIDED THAT THE SPONSORS MAKE NO REPRESENTATIONS ABOUT AND DO NOT GUARANTEE ANY RESPONSE OR THE PROVISION OF ANY RESCUE OPERATIONS IN CONNECTION WITH AN EVENT). NOTWITHSTANDING THE RISK, YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY PARTICIPATING IN AN EVENT WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM YOUR PARTICIPATION IN AN EVENT, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF ANY SPONSOR OR OTHERWISE.
5. Waiver and Release. YOU, FOR YOURSELF AND YOUR HEIRS AND EXECUTORS, HEREBY WAIVE AND RELEASE ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, COSTS OR LIABILITY OF ANY NATURE WHATSOEVER, NOW OR HEREAFTER KNOWN, ARISING OUT OF OR ATTRIBUTABLE TO YOUR PARTICIPATION IN ANY EVENT(S), AGAINST THE SPONSORS, THE ORGANIZERS OF ANY EVENT(S), PROMOTERS, THIRD- PARTY SPONSORS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, AND ALL OTHER PERSONS ASSOCIATED WITH ANY EVENT(S) (COLLECTIVELY, THE “RELEASEES”), WHETHER ARISING OUT OF THE ORDINARY NEGLIGENCE OF ANY SPONSOR OR ANY OTHER RELEASEE, OR OTHERWISE. YOU COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST ANY SPONSOR OR ANY OTHER RELEASEE, AND FOREVER RELEASE AND DISCHARGE THE SPONSORS AND ALL OTHER RELEASEES FROM ANY AND ALL LIABILITY UNDER SUCH CLAIMS. The disclaimers, exclusions, waivers and releases under these Terms will not apply to the extent prohibited by applicable law.
6. General Terms. These Terms shall be governed by the laws of the State of Washington, without regard to its conflict of laws principles. The jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Pierce County, Washington, and You hereby agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Pierce County, Washington. These Terms constitute the sole and entire agreement of the Sponsors and You with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of these Terms are invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. These Terms are binding on and shall inure to the benefit of the Sponsors and You and their and Your respective successors and assigns. Any signature, electronic signature, click-through acceptance, typed name, symbol, or process attached to, or associated with, these Terms or any Registration Form and adopted by a person with the intent to sign, authenticate or accept these Terms or such Registration Form shall have the same legal validity and enforceability as a manually executed signature to the fullest extent permitted by applicable law.
7. Submitted Materials. By submitting any photographs (collectively, "User Submitted
Materials") to any Sponsor, you agree to the following terms: Ownership and Rights: You represent and warrant that you own or otherwise possess all necessary rights to the User Submitted Materials. This includes the right to submit the photographs to the Sponsors and to grant the Sponsors the rights outlined in these terms. You further represent that the User Submitted Materials do not and will not infringe, misappropriate, use, or disclose without authorization, or otherwise violate any copyright, trademark, trade secret, or other intellectual property or proprietary rights of any third party. The User Submitted Materials must not be unlawful, fraudulent, threatening, abusive, libelous, obscene, or otherwise objectionable.
License to the Sponsors: You grant the Sponsors a worldwide, non-exclusive, royalty-free, perpetual, irrevocable right and license to use, reproduce, distribute, publicly display, and create derivative works of the User Submitted Materials in connection with the Sponsors’ activities. This includes, but is not limited to, the marketing, promotion, and advertising of the Sponsors’ brand and mission through social media, websites, or other platforms.
Rights of Appearances: You represent and warrant that you have obtained the appropriate licenses, permissions, and/or releases from all identifiable individuals appearing in the User Submitted Materials, including their name, likeness, or biographical information. If any such identifiable individual is under the age of eighteen (18), you represent that you have obtained written consent from the individual’s parent or legal guardian and agree to provide a copy of such consents upon request.
Minors: If the User Submitted Materials contain images of individuals under the age of eighteen (18), you are responsible for obtaining written permission from the minor’s parent or legal guardian to submit the photo and grant the usage rights described in these Terms. We strongly encourage you not to include any identifying information, such as the individual’s name or address, with the submitted photos.
Indemnification: You agree to indemnify and hold the Sponsors, and their officers, employees, and agents harmless from any and all claims, damages, liabilities, and expenses arising out of or in connection with the User Submitted Materials or any violation of these Terms.
BY SIGNING A REGISTRATION FORM, TYPING YOUR NAME ON AN ONLINE
REGISTRATION FORM, SUBMITTING AN ONLINE REGISTRATION FORM, OR CLICKING A BUTTON OR BOX MARKED “I AGREE” OR SIMILAR INDICATION OF ACCEPTANCE, YOU REPRESENT THAT: (A) YOU INTEND TO SIGN, AUTHENTICATE, AND ACCEPT THESE TERMS; (B) YOU ARE AT LEAST 18 YEARS OF AGE; (C) YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THESE TERMS AND CONDITIONS; AND (D) YOU ARE VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE ANY SPONSOR. IF YOU ARE SIGNING, SUBMITTING, OR OTHERWISE ACCEPTING THE REGISTRATION FORM ON BEHALF OF YOURSELF AND ANY MINOR(S) NAMED IN ANY REGISTRATION FORM, YOU FURTHER REPRESENT THAT YOU AGREE TO THE FOLLOWING: I HAVE READ THE ABOVE TERMS AND CONDITIONS AND FULLY UNDERSTAND THE ASSUMPTION OF RISK, WAIVER AND CONSENT CONTAINED THEREIN. I FURTHER UNDERSTAND THAT I AND THE MINOR(S) NAMED ON THE REGISTRATION FORM HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO THESE TERMS AND I AGREE TO THESE TERMS FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT FOR MYSELF AND ON BEHALF OF THE MINOR(S) NAMED ON THE REGISTRATION FORM.
