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I know that participating in a run is a potentially hazardous activity. I will not enter and participate unless I am medically able and properly trained. I agree to abide by any decision of an event official relative to my ability to safely complete the event. I assume all risk associated with participating in this event including but not limited to falls, contact with other participants, and effects of weather, traffic, and facility or road conditions. Having read this waiver, knowing these facts and in consideration of your accepting my registration, I, for myself and anyone entitled to act on my behalf, waive and release and covenant not to sue Outpacing Melanoma Foundation, RunSignUp, Sponsors, City of Overland Park, KC Running Company, Event Officials, or Volunteers, their representatives, successors, or assignees from any and all claims or liabilities of any kinds arising out of or in connection with my participation in event, including without limitation, claim or liability resulting from those matters described in this paragraph. This release and waiver extends to all claims of any kind or nature whether foreseen, known or unknown. The undersigned further grants full permission to Outpacing Melanoma Foundation and/or agents authorized by them to use any photographs, video tapes, motion picture, recording or any other record of this event for any purpose.
Each registration will be charged a Processing fee at the time of checkout, which is non-refundable. You will be able to see the total fee on the following summary page prior to the processing of the transaction. This fee is based on the negotiated rate with the event. In the case of an event paying for this fee no charges will be shown on your summary or confirmation.
You represent and warrant that you have full legal authority to complete this event registration on Outpacing Melanoma Foundation, Bickel Advisory Services, LLC, DBA RunSignUp and VANTIV, LLC (Outpacing Melanoma), including full authority to make use of the credit or debit card to which registration and other fees will be charged. If you are registering third parties, you represent and warrant that you are duly authorized to act as agent on behalf of such parties in this registration process. By proceeding with this event registration, you agree that the terms of this registration agreement shall apply equally to you and to any third parties for whom you are acting as agent. Further, you represent and warrant that, in compliance with the Children's Online Privacy Protection Act (COPPA), you are older than thirteen (13) years of age. If you are registering a child under the age of fourteen (14) years, you represent and warrant that you are the parent or legal guardian of such child and you do hereby consent to the collection of such child's personal information by Outpacing Melanoma. Outpacing Melanoma shall not be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages including, but not limited to, damages for loss of profits, use, data, or other intangible damages even if Outpacing Melanoma or its third party service providers have been advised of the possibility of such damages resulting from: (i) the use or the inability to use Outpacing Melanoma; (ii) the timeliness, deletion, or failure to store any user data, communications, or personalization settings; (iii) the cost of getting substitute goods and services resulting from any products, data, information or services purchases or obtained or messages received or transactions entered into, through or from Outpacing Melanoma; (iv) statements or conduct of Outpacing Melanoma staff, contractors, or service providers; (vi) the use, inability to use, unauthorized use, performance or non-performance of any third party, even if the third party has been advised previously of the possibility of such damages; or (vii) any other matter relating to Outpacing Melanoma. You agree that you will not in any way hold Outpacing Melanoma responsible for any selection or retention of, or the acts or omissions of, third parties (including third party service providers) in connection with Outpacing Melanoma. Outpacing Melanoma is provided on an 'as is' and 'as available' basis and makes no warranty that the Outpacing Melanoma site services will be uninterrupted, secure, or error free. Outpacing Melanoma does not guarantee the accuracy or completeness of any information in or provided in connection with the Outpacing Melanoma site and is not responsible for any errors or omissions or for the results obtained from the use of such information. You understand and expressly agree that any material or information and/or data downloaded or otherwise obtained through the use of the Outpacing Melanoma site is at your own discretion and risk and that you are solely responsible for any damage to your computer system or loss of data that results from the download of such material or information and/or data. You agree to indemnify and hold Outpacing Melanoma, its officers and employees, as well as its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Outpacing Melanoma or the violation of any term of this Liability Waiver or the Outpacing Melanoma terms of service by you. Outpacing Melanoma expressly disclaims all representations and warranties, including without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Outpacing Melanoma is controlled by Outpacing Melanoma from its offices within the United States of America. By completing this event registration, you and Outpacing Melanoma agree that the statutes and laws of the State of Kansas, without regard to the conflict of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of the Outpacing Melanoma sites including event registration and the purchase of products and services available through use of Outpacing Melanoma. You agree that exclusive jurisdiction for any dispute with Outpacing Melanoma resides in the courts of the State of Kansas and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Kansas in connection with any dispute including any claim involving Outpacing Melanoma or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. If any provision of this Liability Waiver shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Liability Waiver and shall not affect the validity and enforceability of any remaining provisions.