LIABILITY WAIVER
By checking
the box below, you agree, warrant and covenant as follows:
I understand
that participating in this event is potentially hazardous, and that I should
not enter and participate unless I am medically able and properly trained. In
consideration of the acceptance of this entry, I assume full and complete
responsibility for any injury or accident which may occur while I am traveling
to or from the event, during the event, or while I am on the premises of the
event. I also am aware of and assume all risks associated with participating in
this event, including but not limited to falls, contact with other
participants, effect of weather, traffic, and conditions of the road. I, for
myself and my heirs and executors, hereby waive, release and forever discharge
the event organizers, sponsors, promoters, TrekmanRacing.com and each of their
agents, representatives, successors and assigns, and all other persons
associated with the event, for my all liabilities, claims, actions, or damages
that I may have against them arising out of or in any way connected with my
participation in this event. I understand that this waiver includes any claims,
whether caused by negligence, the action or inaction of any of the above
parties, or otherwise.
I understand
that the entry fee is non-refundable and non-transferable. I hereby grant full
permission to any and all of the above parties to use any photographs,
videotapes, motion pictures, website images, recordings or any other record of
this event.
1. Authority
to Register and/or to Act as Agent. You represent and warrant to TrekmanRacing.com,
Inc. ("TrekmanRacing") that you have full legal authority to complete
this event registration on TrekmanRacing, including full authority to make use
of the credit or debit card to which registration fees will be charged. In
addition, if you are registering third parties, you represent and warrant that
you have been duly authorized to act as agent on behalf of such parties in
performing this event registration. 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. Compliance with
Children's Online Privacy Protection Act (COPPA). You represent and warrant
that, in compliance with COPPA, you are over thirteen (13) years of age, and
that if you are registering a child under fourteen (14) years of age you are
the parent of such child, and do hereby consent to the collection of such
child's personal information by TrekmanRacing.
2.
Limitation of Liability; Disclaimer of Warranties. TrekmanRacing SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES,
RESULTING FROM (A) THE USE OR THE INABILITY TO USE TrekmanRacing OR (B) FOR THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR (C) RESULTING FROM ANY
GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH TrekmanRacing
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 TrekmanRacing HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF TrekmanRacing IS AT YOUR SOLE
RISK. TrekmanRacing IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. TrekmanRacing 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.
TrekmanRacing
makes no warranty that the TrekmanRacing sites' services will be uninterrupted,
secure or error free. TrekmanRacing does not guarantee the accuracy or
completeness of any information in, or provided in connection with, the TrekmanRacing
sites. TrekmanRacing is not responsible for any errors or omissions, or for the
results obtained from the use of such information. You understand and agree
that any material and/or data downloaded or otherwise obtained through the use
of the TrekmanRacing sites is at your own discretion and risk and that you will
be solely responsible for any damage to your own computer system or loss of
data that results from the download of such material and/or data.
3.
Indemnification. You agree to indemnify and hold each of TrekmanRacing and its
officers and employees harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of your use of TrekmanRacing
or the violation of any term of this Liability Waiver or the TrekmanRacing
Terms of Service by you.
4.
Applicable Law; Consent to Jurisdiction. The TrekmanRacing sites (excluding
linked sites) are controlled by TrekmanRacing from its offices within the State
of South Dakota, United States of America. By completing this event
registration, both you and TrekmanRacing agree that the statutes and laws of
the State of South Dakota, without regard to the conflict of laws principles
thereof, will apply to all matters relating to this event registration, this
Liability Waiver, or other use of the TrekmanRacing sites. You agree that
exclusive jurisdiction for any dispute with TrekmanRacing resides in the courts
of the State of South Dakota and you further agree and expressly consent to the
exercise of personal jurisdiction in the courts of the State of South Dakota in
connection with any dispute including any claim involving TrekmanRacing or its
affiliates, subsidiaries, employees, contractors, officers, directors,
telecommunication providers and content providers.
5.
Severability. 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.
WAIVER – TULIP FESTIVAL ROAD RACE
LIABILITY
WAIVER
By signing
the form below, you agree, warrant and covenant as follows:
I understand
that participating in this event is potentially hazardous, and that I should
not enter and participate unless I am medically able and properly trained. In consideration of the acceptance of this
entry, I assume full and complete responsibility for any injury or accident
which may occur while I am traveling to or from the event, during the event, or
while I am on the premises of the event.
I also am aware of and assume all risks associated with participating in
this event, including but not limited to falls, contact with other
participants, effect of weather, traffic, and conditions of the road. I, for myself and my heirs and executors,
hereby waive, release and forever discharge the m, MOCHA KIWANIS CLUB, TrekmanRacing.com,
the City of Orange City and each of their agents, representatives, successors
and assigns, and all other persons associated with the event, for my all
liabilities, claims, actions, or damages that I may have against them arising
out of or in any way connected with my participation in this event.
I understand
that this waiver includes any claims, whether caused by negligence, the action
or inaction of any of the above parties, or otherwise.
I understand
that the entry fee is non-refundable and non-transferable. I hereby grant full permission to any and all
of the above parties to use any photographs, videotapes, motion pictures,
website images, recordings or any other record of this event.
PLEASE
REVIEW WAIVER AND
SIGN
THE WAIVER LIST