PARTICIPANT RELEASE OF LIABILITY AND WAIVER
In consideration of my acceptance for participation in OKTOBERFEST BEER GARDEN RUN (“Event”) as a participant, volunteer or otherwise, I do, for myself, my heirs, executors, administrators, legal representative, assignees, and successors in interest hereby and forever waive, release, discharge, hold harmless, promise not to sue and promise to indemnify the following individuals and entities (collectively, “Released Parties”) from any and all claims including claims arising from the Released Parties’ negligence, which I have or which may accrue to me and from any and all damages which may be sustained by me in connection with, and arising out of, my participation in and association with the Event, including without limitation, any injury and claim that may arise during my travel to, from and during the Event: Roger Lewis; Lewis Five Events, LLC. and their agents, employees, officers, directors, consultants, affiliates, successors and directors; the OKTOBERFEST BEER GARDEN RUN, its organizers, volunteers and other participants; Event sponsors, all organizations hosting aid stations, their agents, employees, officers, affiliates, successors and directors; and other personnel in any way assisting or associated with this Event. This release applies to all activities relating to the Event, whether located on the race course or other race-related venues.
I acknowledge that I should not enter and participate in the Event unless I am medically able and properly trained. I represent that I am physically able to participate in the Event, and I have no medical conditions or allergies that affect my ability to participate. I agree to abide by any decision of a race official relative to my ability to safely complete this race. I further agree that race officials may authorize necessary emergency treatment for me if I am unable to consent to such treatment and my designated emergency contact is not available.
I UNDERSTAND AND ACKNOWLEDGE THAT PARTICIPATING IN THIS EVENT PRESENTS DANGER OF BODILY INJURY AND DEATH. I know that this Event, which takes place on roads, is potentially a hazardous activity. I voluntarily assume full and complete responsibility for all risks associated with participating in the Event and for any injury or accident that may occur during my participation in this Event. Potential dangers include, without limitation, those arising out of running on public and private roads, which the Released Parties do not fully control. For instance, participants may be injured in traffic accidents, struck by vehicles or farm equipment, attacked by dogs or other animals, injured by falling or moving objects, injured by other participants or non-participants and struck by lightning or other effects of weather. By participating in the Event, I agree to assume all of the risks associated with my participation, whether foreseeable or not, and I agree that I will not hold the Released Parties responsible for any harm that I may suffer as a result of my participation.
I acknowledge that as of the date of the event that I am at least 21 years of age. I understand that drinking beer or alcohol is not a
requirement of the event or part of the Event entry fee. If I do consume alcohol before, during or after the event, I do so of my own choice and volition and agree to drink responsibly. I understand that the organizers of the event do not encourage or condone excessive drinking or intoxication that would violate local or state laws. I am responsible for knowing and complying with applicable local and state laws, including but not limited to those relating to alcohol consumption in public and driving while under the influence.
I agree that if I or anyone on my behalf asserts a claim contrary to what I have agreed to in this Participant Release form, the claiming party shall be liable for the expenses (including legal fees) incurred by the Released Parties in defending such claim. This Release may not be modified orally, and a waiver or modification of any provision shall not be construed as a waiver or modification of any other provision herein or as consent to any subsequent waiver or modification. Every term and provision of this Release is intended to be severable. If any one or more of this Release are found to be unenforceable or invalid, that shall not affect the other terms and provisions, which shall remain binding and enforceable.
As a condition of my participation, I agree to abide by all traffic controllers, event staff and volunteers on the course and to follow any and all of Released Parties’ safety instructions. I understand that my failure to do so may result in serious injury or death and may be grounds for my disqualification from this Event.
I grant the Event, its organizers, Roger Lewis; Lewis Five Events, LLC. permission, in perpetuity, to use my name, event photographs, event video recordings or record of my participation in this Event for race promotion purposes. I hereby and forever waive, release, discharge, hold harmless, and promise not to sue Released Parties for the use of my statements and images for such purposes. I consent to receive emails from Soler's Sports and understand I can opt out at anytime.
I HAVE READ THIS PARTICIPANT RELEASE FORM IN ITS ENTIRETY. I UNDERSTAND AND CONSENT TO THE TERMS OF THIS RELEASE AND RECOGNIZE THAT IT IS LEGALLY BINDING. ALSO, I HAVE READ THE RULES AND REGULATIONS OF THE EVENT AND AGREE TO ABIDE BY THEM. I FURTHER UNDERSTAND THAT THE RACE MAY BE CANCELLED, DELAYED OR ALTERED IN THE EVENT OF WEATHER OR OTHER CIRCUMSTANCES. I UNDERSTAND THAT THERE ARE NO REFUNDS FOR THIS EVENT.
WAIVER: I, the undersigned participant (and my parent or guardian if I am younger than 18 years of age), intending to be legally bound, do hereby forever release and waive any and all rights, claims, and actions for damages that we, our heirs, executors, administrators, and assigns may have, or that may hereafter accrue against any and all persons, organizations, and other entities associated with the event, including, but not limited to Race Entry, Soler's Sports, USA Track and Field, sponsors, affiliates, volunteers, Oktoberfest Beer Garden Run, and individual Oktoberfest Beer Garden Run organizers, arising out of or in connection with my involvement before, during, or after the event.
I verify that I am physically fit and sufficiently trained to participate in this event and I assume the risks involved in this activity. I further attest that I will be mindful of traffic along the race course, and hold said sponsors and organizers blameless in any harm that may happen.
I also acknowledge understanding that the charge to my card will show up as Race Entry. I acknowledge that the online processing fees and charitable donations are non-refundable. I also acknowledge that any charitable donations will have 4.97% withheld from the donation to pay credit card and administrative costs.
Race Entry and its partner Soler's Sports shall not be liable to you for any direct, indirect, special, incidental, consequential or exemplary damages including, but not limited to, loss of profits, goodwill, use, data or other intangible loses. Race Entry and its partner Soler's Sports does not guarantee the completeness or accuracy of any information contained in, or provided in conjunction with the http://www.raceentry.com website. Race Entry and its partner Soler's Sports is not responsible for any omissions or inaccuracies, or for the results obtained from this information.
Race Entry and its partner Soler's Sports facilitates registration for various events, some of which allow participants under the age of thirteen (13). We require a submission of birth date for all registration entries. For children under the age of thirteen (13), parental or guardian consent is required.
You agree that the statutes and laws of the State of Utah, USA, will apply to all matters relating to this Agreement and Waiver. You irrevocably consent that exclusive jurisdiction for any dispute with Race Entry and its partner Soler's Sports relating to this Agreement and Waiver resides in the courts of Utah, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Utah in conjunction with any such dispute including any claim involving Race Entry and its partner Soler's Sports.