By indicating your acceptance, you understand, 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, I Am
Athlete, LLC ("ChronoTrack LIVE"), Kinane Events, Inc., Kathy Kinane
and each of their agents, representatives, successors and assigns, and all
other persons associated with the event, for all of my 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.
The course is subject
to change and or closure due to emergency at OPD/OFD discretion.
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.
REGISTRATION AGREEMENT AND LIABILITY WAIVER (the "Agreement and
1. Authority to Register and/or to Act
You represent and
warrant to ChronoTrack LIVE that you have full legal authority to complete this
event registration on behalf of yourself and/or any party you are registering
(the "Registered Parties"), including full authority to make use of
the credit or debit card to which registration fees will be charged. As used in
this Agreement and Waiver, ChronoTrack LIVE refers to CT LIVE and any and all
subsidiaries, affiliated entities, or entities that control or are controlled
by ChronoTrack LIVE, singly or together and its officers, employees,
contractors, subcontractors and agents.
If you are registering
a child under the age of 18 or an incapacitated adult you represent and warrant
that you are the parent or legal guardian of that party and have the legal
authority to enter into this agreement on their behalf and by proceeding with
this event registration, you agree that the terms of this Agreement and Waiver
shall apply equally to all Registered Parties. By registering a child under 13,
you agree and consent to the collection of that child's information which you
provide for the purposes of registration.
YOU UNDERSTAND THAT
PARTICIPATION IN THE EVENT IS POTENTIALLY HAZARDOUS, AND THAT A REGISTERED
PARTY SHOULD NOT PARTICIPATE UNLESS THEY ARE MEDICALLY ABLE AND PROPERLY
TRAINED. YOU UNDERSTAND THAT EVENTS MAY BE HELD OVER PUBLIC ROADS AND FACILITES
OPEN TO THE PUBLIC DURING THE EVENT AND UPON WHICH HAZARDS ARE TO BE EXPECTED.
PARTICIPATION CARRIES WITH IT CERTAIN INHERENT RISKS THAT CANNOT BE ELIMINATED
COMPLETELY RANGING FROM MINOR INJURIES TO CATASTROPHIC INJURIES INCLUDING
DEATH. YOU UNDERSTAND AND AGREE THAT IN CONSIDERATION OF BEING PERMITTED TO
PARTICIPATE IN THE EVENT, YOU AND ANY REGISTERED PARTY, THE HEIRS, PERSONAL
REPRESENTATIVES OR ASSIGNS OF YOU OR THE REGISTERED PARTY DO HEREBY RELEASE,
WAIVE, DISCHARGE AND CONVENANT NOT TO SUE ChronoTrack LIVE FOR ANY AND ALL
LIABILITY FROM ANY AND ALL CLAIMS ARISING FROM PARTICIPATION IN THE EVENT BY
YOU OR ANY REGISTERED PARTY.
3. Limitation of Liability; Disclaimer
ChronoTrack LIVE SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE ChronoTrack LIVE 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 ChronoTrack LIVE 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 ChronoTrack
LIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE
THAT USE OF ChronoTrack LIVE IS AT YOUR SOLE RISK. ChronoTrack LIVE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. ChronoTrack LIVE
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.
ChronoTrack LIVE makes
no warranty that the ChronoTrack LIVE sites' services will be uninterrupted,
secure or error free. ChronoTrack LIVE does not guarantee the accuracy or
completeness of any information in, or provided in connection with, the ChronoTrack
LIVE sites. ChronoTrack LIVE 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 ChronoTrack LIVE 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.
You agree to indemnify
and hold each of ChronoTrack LIVE harmless from and against any and all
damages, costs, claims or demands, including reasonable attorneys' fees, made
by any third party due to or arising from or relating to your use of ChronoTrack
LIVE or the violation of any term of this Agreement and Waiver.
5. Applicable Law; Consent to Jurisdiction.
By completing this
event registration, both you and ChronoTrack LIVE agree that the statutes and
laws of the State of California, without regard to the conflict of laws
principles thereof, will apply to all matters relating to this event
LIVE sites. You agree that exclusive jurisdiction for any dispute with ChronoTrack
LIVE resides in the courts of the State of California and you further agree and
expressly consent to the exercise of personal jurisdiction in the courts of the
State of California in connection with any dispute including any claim
involving ChronoTrack LIVE or its affiliates, subsidiaries, employees,
contractors, officers, directors, telecommunication providers and content
You further expressly
agree that this Agreement and Waiver is intended to be as broad and inclusive
as is permitted by the law of the State of California and that if any provision
of this Agreement and Waiver shall be found to be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable from this
Agreement and Waiver and shall not affect the validity and enforceability of
any remaining provisions.
BY INDICATING YOUR
ACCEPTANCE OF THIS AGREEEMENT AND WAIVER, YOU ARE AFFIRMING THAT YOU HAVE READ
AND UNDERSTAND THIS AGREEMENT AND WAIVER AND FULLY UNDERSTAND ITS TERMS. YOU
UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO
SUE. YOU ACKNOWLEDGE THAT YOU ARE SIGNING THE AGREEMENT AND WAIVER FREELY AND
VOLUNTARILY, AND INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL
RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.