Please read the following Pink Gorilla Events Waiver carefully, as it affects your future legal rights. By entering your online signature below, you acknowledge that you have carefully read and fully understood this waiver and agree to its terms.
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PINK GORILLA EVENT | ENTRANT RELEASE
I assume any and all risks associated with the event, including, but not limited to, the hazards of slips and falls, animal attacks, motor vehicles, adverse weather, bad footing, dehydration, and bad companions, all such risks being known and fully appreciated by me. Knowing these facts, and in consideration of the acceptance of my entry in the event and the enjoyment, leisure and pleasure that I will personally receive by participating in the event as an entrant, I hereby, for myself, my heirs, executors, administrators, or anyone acting for or on my behalf, release, covenant not to sue, and hold harmless the event organizer and its related entities, affiliates, agents, employees, officers or directors, all cities and police departments with jurisdiction over the route, other event volunteers, and any and all sponsors, including their agents, employees, assigns or anyone acting for on behalf of the above, from any and all claims of liability for death, personal injury, or property damage of any kind or nature arising out of or related to my participation in or relationship with the event. This release extends to risks and claims of all nature and kind. This release shall be governed by, and construed in accordance with, the internal laws of the State of Nebraska, USA. Any legal action or proceeding between the undersigned and any party released hereunder shall be brought only in the district courts of Nebraska, or the United States District Court for the District of Nebraska, and, by execution and delivery of this release, the undersigned generally and unconditionally, accepts the jurisdiction of the aforesaid courts and hereby irrevocably waive any objection thereto, including, without limitation, personal jurisdiction or forum non conveniens.
I agree to observe and obey all posted rules and warnings (including rules in the Race Guide and online), to follow any instructions or directions given by Pink Gorilla Events through its employees, volunteers, representatives or agents, and to abide by any decision of any Event official relative to my ability to safely compete in the Event.
If I am pregnant, disabled in any way or have recently suffered an illness or injury, I should have or did consult a physician before participating in the Event.
I agree not to consume alcohol prior to or during the Event or use any medicines or substances that will inhibit my mental or physical ability to safely and effectively participate in the Event.
I consent to medical care and transportation in order to obtain treatment in the event of injury to me as Pink Gorilla Events, volunteers or medical professionals may deem appropriate and understand that this Waiver & Release extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.
I understand and agree that I am expected to exhibit appropriate behavior at all times and to obey all local, state and federal civil and criminal laws at all times while participating in or attending the Event. This includes, generally, respect for all people, equipment, facilities or property. This also includes all obeying all local, state and federal traffic laws. Pink Gorilla Events may dismiss me, without refund, should my behavior endanger the safety of or negatively affect the Event, person, facility or property. I also agree to indemnify Pink Gorilla Events its owners, officers, past and present employees, agents and Event sponsors from any and all third party claims caused in whole or in party by my negligent or intentional acts or omissions.
I agree that Pink Gorilla Events is not responsible for any personal items or property that is lost, damaged or stolen at the Event.
I understand that pets, wheeled baby conveyances or other wheeled means of conveyance are NOT permitted on the Event course.
I consent to the use of my image in photographs, motion pictures or recordings taken at the Event for use in Event advertising, marketing or promotion. This includes but is not limited to print media, web and social media sites such as Facebook.
I agree that all entry fee payments are final and non-refundable.
I agree that Pink Gorilla Events reserves the right to cancel the Event in the event of extreme weather (including, but not limited to, heat, tornadoes, earthquakes, fires, storms, lightning and floods), accidents, acts of war or terrorism, military conflicts or riots or for any reason that, in Pink Gorilla Events discretion, will protect the safety and security of Event participants and spectators. In the event of such cancellation, there will be no refund of my registration fee.
Participant Shirt Exchange: Participant shirt exchange is available on Event day at the finish line or post-party. After Event day, participant shirts can be exchanged upon request, but participants must cover the cost of shipping. Shirt sizes are not guaranteed after regularly scheduled packet pickup dates. Shirt exchange requests must be made within 2 weeks following the Event.
Shipping of Participant Packet and SWAG
Participant packets and SWAG (race materials received with registration) will not be shipped prior to Event date. No exceptions. Participants should plan to attend regularly scheduled packet pickup dates in order to pick up their packet and guarantee shirt sizing. After Event day, participant SWAG items can be mailed upon request, but participants must cover the cost of shipping. Race bibs are not shipped after the Event. Shirt sizes are not guaranteed after regularly scheduled packet pickup dates. SWAG requests must be made within 2 weeks following the Event.
USA TRACK & FIELD INC SANCTIONED EVENT
For and in consideration of USA Track & Field, Inc. (USA Track & Field) allowing me, the undersigned, to participate in the USA Track & Field sanctioned event described above (the Event or Events); I, for myself, and on behalf of my spouse, children, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement (the Agreement);
1. I hereby represent that (i) I am at least eighteen (18) years of age or older; (ii) I am in good health and in proper physical condition to participate in the Event; and (iii) I am not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in the Event. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Event, that I am responsible for my own safety and well being at all times and under all circumstances while at the Event site.
2. I understand and acknowledge that participation in track & field, road running, race walking, cross country, mountain, ultra, and trail running Events is inherently dangerous and represents an extreme test of a persons physical and mental limits. I understand and acknowledge the risks and dangers associated with participation in the Event and sport of track & field and related activities, including without limitation, the potential for serious bodily injury, sickness and disease, permanent disability, paralysis and loss of life; loss of or damage to equipment/property; exposure to extreme conditions and circumstances; contact with other participants, spectators, animals or other natural or manmade objects; dangers arising from adverse weather conditions; imperfect course or track conditions; land, water and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Event Organizers; and other undefined, not readily foreseeable and presently unknown risks and dangers (Risks). I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others participating in the Event, or the negligent acts or omissions of the Released Parties defined below, and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I incur as a result of my participation in any Event.
3. I agree to be familiar with and to abide by the Rules and Regulations established for the Event, including but not limited to the Competitive Rules adopted by USA Track & Field and any safety regulations established for the benefit of all participants. I accept sole responsibility for my own conduct and actions while participating in the Event, and the condition and adequacy of my equipment.
4. I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: USA Track & Field, Inc., its members, member clubs, associations, sport disciplines and divisions; United States Olympic Committee (USOC); the Event Directors, Organizers and Promoters, Sponsors, Advertisers, Coaches and Officials; the Host Organization and the Facility, Venue and Property Owners or Operators upon which the Event takes place; Law Enforcement Agencies and other Public Entities providing support for the Event; and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers (Individually and Collectively, the Released Parties or Event Organizers), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and reasonable attorneys fees) of any kind or nature (Liability) which may arise out of, result from, or relate in any way to my participation in the Event, including claims for Liability caused in whole or in part by the negligent acts or omissions of the Released Parties. I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liabilities which any may be incurred as the result of such claim.
I hereby warrant that I am of legal age and competent to enter into this Agreement, that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it (including the rights of my spouse, children, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have signed this Agreement without any inducement, assurance or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
All Federal, State, and local laws, rules, regulations and policies apply to the participants in this event. Please participate in a safe, courteous, and respectful manner.
CITY OF DES MOINES WAIVER
I acknowledge that this event may be an major test of person's physical and mental limits and carries with it the potential for serious injury, death and/or property loss. I hereby assume all the risks of participating in this event. I certify that I am physically fit, have sufficient training for participation in this event and have not been advised otherwise by a qualified medical professional. I acknowledge that this Waiver will be used by the City of Des Moines and the event holders, sponsors, and organizers to govern my actions and responsibilities at this event.
In consideration of my application and being permitted to participate in this event, I hereby take action for myself, my executors administrators, heirs, next of kin, successors and assigns, to waive, release and discharge the City of Des Moines, Iowa, event holders, sponsors, and organizers, from any and all liability for my death, disability, personal injury, property damage, property theft or actions of any kind which may hereafter accrue to me, including my traveling to and from this event. Also, to the extent permitted by law, I hereby Indemnify and Hold Harmless the entities or persons indicated in this paragraph, from any and all liabilities or claims made by other individuals or entities as a result of or relating to said attendance at or participation in this event.
I hereby authorize any medical treatment, including the administration of anesthesia, deemed advisable by any licensed physician to relieve any injuries received or illness contracted as participant or observer at this event.