Winged Hope Family Advocacy Foundation/The
Hope Run AGREEMENT AND LIABILITY WAIVER
(this “Agreement and Waiver”)
PLEASE READ THE FOLLOWING AGREEMENT
CAREFULLY, AS IT AFFECTS YOUR FUTURE
LEGAL RIGHTS. BY PROCEEDING WITH
REGISTERING FOR THE EVENT, YOU
ACKNOWLEDGE AND AGREE THAT YOU HAVE
CAREFULLY READ AND FULLY UNDERSTOOD THE
AGREEMENT AND AGREE TO THE TERMS
SET FORTH BELOW.
In consideration of being permitted to register and/or
participate in, including without limitation by observing,
the activities for which you are registering (the “Event”),
on behalf of yourself and any personal representatives,
assigns, heirs, executors, successors and next of kin,
you understand, agree, warrant and covenant as
follows:
1. Authority to Register and/or to Act as Agent. You
represent and warrant to Winged Hope Family
Advocacy Foundation Inc. (“Winged Hope”) that you
have full legal authority to complete the registration for
the Event, including this Agreement and Waiver, on
behalf of yourself and/or any party for whom 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, (a) “Winged Hope/The Hope
Run” means and includes Winged Hope Family
Advocacy Foundation Inc., its partners, licensors, and
any and all subsidiaries, affiliated entities, or entities
that control, are controlled by, or are under common
control with Winged Hope singly or together and its and
each of their officers, employees, contractors,
subcontractors and agents and each of their agents,
representatives, successors and assigns; and (b) “you”
or “your” means and includes you (as an individual) and
all other Registered Parties for whom you are
registering, and by virtue of agreeing to this Agreement
and Waiver, for whom you are waiving certain rights.
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 and
Waiver on their behalf and by proceeding with
registration for the Event, you agree that the terms of
this Agreement and Waiver shall apply equally to all of
the Registered Parties. To the extent permitted by law,
each person agreeing to this Agreement and Waiver for
him/herself and/or on behalf of another Registered
Party (including, without limitation, any minor) agrees to
indemnify, defend, and hold Winged Hope harmless
from any liability, claim, demand, cause of action,
damage, loss, or expense (including court costs and
reasonable attorneys’ fees) of any kind or nature (each,
a “Liability” and collectively “Liabilities”) in the event the
Liability arises because a Registered Party is found by
a court of competent jurisdiction to not be bound by the
terms and conditions of this this Agreement and
Waiver. In addition, if, despite this Agreement and
Waiver, any of the Registered Parties makes a claim
against Winged Hope, you agree, immediately upon
request or demand by Winged Hope, to defend,
indemnify and hold Winged Hope harmless from all
Liabilities which may be incurred as the result of such
claim.
2. ASSUMPTION OF RISK. IN CONSIDERATION OF
THE ACCEPTANCE OF YOUR REGISTRATION AND
PARTICIPATION IN THE EVENT, YOU ASSUME
FULL AND COMPLETE RISK AND RESPONSIBILITY
FOR ANY INJURY OR ACCIDENT WHICH MAY
OCCUR DURING THE EVENT, WHILE YOU ARE ON
THE PREMISES OF THE EVENT, OR WHILE YOU
ARE TRAVELING TO OR FROM THE EVENT. YOU
UNDERSTAND THAT PARTICIPATING IN THE
EVENT IS HAZARDOUS, AND THAT YOU SHOULD
NOT ENTER AND PARTICIPATE UNLESS YOU ARE
MEDICALLY ABLE AND PROPERLY TRAINED. YOU
ACKNOWLEDGE AND AGREE THAT THE EVENT
MAY BE HELD OVER PUBLIC ROADS AND
FACILITIES OPEN TO THE PUBLIC DURING THE
EVENT AND UPON WHICH HAZARDS ARE TO BE
EXPECTED. YOU ALSO ACKNOWLEDGE AND
AGREE THAT PARTICIPATION IN THE EVENT
CARRIES WITH IT CERTAIN INHERENT RISKS AND
DANGERS THAT CANNOT BE ELIMINATED
COMPLETELY RANGING FROM RISK OF MINOR
INJURIES TO CATASTROPHIC INJURIES
INCLUDING PERMANENT DISABILITY AND DEATH.
YOU ARE AWARE OF AND ASSUME ALL RISKS
ASSOCIATED WITH PARTICIPATING IN THE EVENT,
INCLUDING WITHOUT LIMITATION RISKS OF
PERMANENT INJURY OR DEATH DUE TO FALLS,
OBSTACLES, CONTACT WITH OTHER
PARTICIPANTS, ACTS OR OMISSIONS OF OTHER
PARTICIPANTS, EFFECT OF WEATHER, TRAFFIC
AND CONDITIONS OF ANY ROAD.
3. Representations. You represent and warrant that you
are in good physical condition, are able to safely
participate in the Event and have no medical condition
that would make your participation in the Event more
hazardous. You consent to medical care and
transportation in order to obtain treatment in the event
of injury to you and understand that this Agreement and
Waiver 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. You understand that no medical care may
be available, but if it is, you assume liability for any and
all medical expenses incurred as a result of your
participation in the Event, including, but not limited to
ambulance transport, hospital stays, physician, and
pharmaceutical goods and services. You agree to
observe and obey all posted rules and warnings, to
follow any instructions or directions provided to you by
Winged Hope or the Event organizer and to abide by
any decision of any Event official relative to your ability
to safely participate in or attend the Event. You
understand and agree that you are expected to exhibit
appropriate behavior at all times while at the Event and
to obey all local, state and federal civil and criminal
laws while participating in or attending the Event. This
includes, generally, respect for other people,
equipment, facilities or property. You agree that Event
officials may dismiss you, without refund, should your
behavior endanger the safety of or negatively affect the
Event. You understand and agree that neither Winged
Hope nor the Event organizer is responsible for any
personal item or property that is lost, damaged or
stolen at the Event. You understand and agree that the
Event organizer reserves the right to cancel the Event
in the event of 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 would affect the
safety and security of Event participants and
spectators. In the event of such cancellation or any
other cancellation for any reason, there will be no
refund of your payment unless authorized and paid by
the Event organizer.
4. Use of Likeness. You hereby grant Winged Hope and
the holder of the Event permission to record your voice
and photograph you in conjunction with the Event. You
understand and agree that the term "photograph" as
used herein encompasses both still photographs and
video recordings. You further grant Winged Hope and
the holder of
the Event full unrestricted rights to the use of your
photograph, voice, and likeness in any form, including
edited versions, in or over any medium including
without limitation streaming audio and/or video over the
internet, broadcast, cable, satellite transmissions, and
media that are unknown at this time, worldwide for any
purpose including without limitation any commercial
purpose.
5. RELEASE AND WAIVER OF LIABILITY. YOU
HEREBY WAIVE, RELEASE, COVENANT NOT TO
SUE AND FOREVER DISCHARGE Winged Hope
AND ALL OTHER PERSONS ASSOCIATED WITH
THE EVENT, FOR ALL LIABILITIES, CLAIMS,
ACTIONS, OR DAMAGES THAT YOU MAY HAVE
AGAINST THEM ARISING OUT OF OR IN ANY WAY
CONNECTED WITH YOUR REGISTRATION AND/OR
PARTICIPATION IN THE EVENT, INCLUDING
WITHOUT LIMITATION ANY LIABILITIES, CLAIMS,
ACTIONS, OR DAMAGES CAUSED BY
NEGLIGENCE OF THE ABOVE PARTIES
(INCLUDING ANY NEGLIGENT RESCUE ATTEMPT),
THE ACTION OR INACTION OF ANY OF THE
ABOVE PARTIES, OR OTHERWISE.
Winged Hope SHALL NOT BE LIABLE TO YOU FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF Winged
Hope HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM: (A) THE
USE OR THE INABILITY TO USE THE Winged Hope
SITES, PRODUCTS OR SERVICES; (B) THE COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE Winged Hope SITES; (C) YOUR
PARTICIPATION IN ANY PROMOTION OR
PROGRAM COORDINATED BY Winged Hope; (D)
PERSONAL INJURY NOT CAUSED BY Winged
Hope’s GROSS NEGLIGENCE; (E) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (F) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE Winged
Hope SITES; (G) ANY OTHER MATTER RELATING
TO THE Winged Hope SITES, OR Winged Hope
PRODUCTS OR SERVICES; OR (H) YOUR
PARTICIPATION IN THE EVENT. YOU AGREE THAT
Winged
Hope's MAXIMUM LIABILITY TO YOU, FOR ANY
REASON OR CAUSE WHATSOEVER, SHALL NOT
EXCEED THE TOTAL AMOUNT OF MONIES
RECEIVED BY Winged Hope FROM YOU. You
expressly waive and relinquish any and all rights which
they may have under the following provisions:
“A GENERAL RELEASE DOES NOT EXTEND TO
CLAIMS WHICH THE CREDITOR DOES NOT KNOW
OR SUSPECT TO EXIST IN HIS FAVOR AT THE
TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM MUST HAVE MATERIALLY
AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
6. INDEMNITY. YOU AGREE TO INDEMNIFY,
DEFEND, AND HOLD HARMLESS Winged Hope
AND ALL OTHER PERSONS ASSOCIATED WITH
THE EVENT, FROM ALL LIABILITIES ARISING OUT
OF OR IN ANY WAY CONNECTED WITH (A) YOUR
PARTICIPATION IN THE EVENT, INCLUDING
WITHOUT LIMITATION ANY LIABILITY CAUSED BY
NEGLIGENCE (INCLUDING ANY NEGLIGENT
RESCUE ATTEMPT), THE ACTION OR INACTION OF
Winged Hope, (B) YOUR USE OF Winged Hope, OR
(C) ANY VIOLATION BY YOU OF ANY TERMS OF
THIS AGREEMENT AND WAIVER AND/OR THE
TERMS OF SERVICE.
7. DISCLAIMER OF WARRANTIES. YOU
EXPRESSLY AGREE THAT USE OF Winged Hope’s
SERVICES IS AT YOUR SOLE RISK. THE SERVICES
ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS. Winged Hope MAKES NO
WARRANTY THAT THE Winged Hope SITES’
SERVICES WILL BE UNINTERRUPTED, SECURE
OR ERROR FREE. Winged Hope 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. Winged Hope
DOES NOT GUARANTEE THE ACCURACY OR
COMPLETENESS OF ANY INFORMATION IN, OR
PROVIDED IN CONNECTION WITH, THE Winged
Hope SITES. Winged Hope IS NOT RESPONSIBLE
FOR ANY ERRORS OR OMISSIONS, OR FOR THE
RESULTS OBTAINED FROM THE USE OF SUCH
INFORMATION.
8. Applicable Law; Consent to Jurisdiction. You agree
that the statutes and laws of the State of Arizona,
United States of America, without regard to the conflict
of laws principles thereof, will apply to all
matters relating to this Agreement and Waiver. You
irrevocably consent that exclusive jurisdiction for any
dispute with Winged Hope/The Hope Run relating to
this Agreement and Waiver resides in the courts of
Gilbert, Arizona, and you further agree and expressly
consent to the exercise of personal jurisdiction in the
courts of Gilbert, Arizona in connection with any such
dispute including any claim involving Winged Hope/The
Hope Run.
9. Severability. You further expressly agree that this
Agreement and Waiver is intended to be as broad and
inclusive as is permitted by applicable law, and if any
provision of this Agreement and Waiver is held to be
unenforceable by a court of competent jurisdiction for
any reason whatsoever, (a) the validity, legality, and
enforceability of the remaining provisions of this
Agreement and Waiver (including without limitation, all
portions of any provisions containing any such
unenforceable provision that are not themselves
unenforceable) shall not in any way be affected or
impaired thereby, and (b) to the fullest extent possible,
the unenforceable provision shall be deemed modified
and replaced by a provision that approximates the
intent and economic effect of the unenforceable
provision and the Agreement and Waiver shall be
deemed amended accordingly.
10. By signing this waiver you agree that Winged Hope
Family Advocacy Foundation/The Hope Run, has
permission to send you correspondence via mail or
email regarding updates, advertisements and other
correspondence.
BY INDICATING YOUR ACCEPTANCE OF THIS
AGREEMENT AND WAIVER, YOU ARE AFFIRMING
THAT YOU HAVE READ AND UNDERSTAND THIS
AGREEMENT AND WAIVER AND FULLY
UNDERSTAND ITS TERMS. YOU UNDERSTAND
THAT YOU AND ALL REGISTERED PARTIES ARE
GIVING UP SUBSTANTIAL RIGHTS, INCLUDING
THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT
YOU ARE AGREEING TO THIS 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.
If you are under 18, a parent or legal guardian must
sign this form.