SEATTLE MARATHON ASSOCIATION AGREEMENT AND WAIVER:
1. WAIVER. I KNOW THAT RUNNING A ROAD RACE IS A POTENTIALLY HAZARDOUS ACTIVITY. I SHOULD NOT ENTER AND RUN UNLESS I AM MEDICALLY ABLE AND PROPERLY TRAINED. I AGREE TO ABIDE BY ANY DECISION OF A RACE OFFICIAL RELATIVE TO MY ABILITY TO SAFELY COMPLETE THE RUN. I ASSUME ALL RISKS ASSOCIATED WITH RUNNING THIS EVENT, INCLUDING, BUT NOT LIMITED TO TRIPPING AND FALLING, CONTACT WITH OTHER PARTICIPANTS, THE EFFECTS OF WEATHER, TRAFFIC AND THE CONDITIONS OF THE ROAD, ALL SUCH RISKS BEING KNOWN AND APPRECIATED BY ME. HAVING READ THIS WAIVER AND KNOWING THESE FACTS AND IN CONSIDERATION OF ACCEPTANCE OF MY ENTRY, I, FOR MYSELF AND ANYONE ENTITLED TO ACT ON MY BEHALF, WAIVE AND RELEASE POWER CRUNCH, THE UNIVERSITY OF WASHINGTON, UNIVERSITY OF WASHINGTON MEDICAL CENTER, THE STATE OF WASHINGTON, WASHINGTON STATE DEPT. OF TRANSPORTATION, SEATTLE CENTER, SEATTLE PUBLIC SCHOOLS, THE CITY OF SEATTLE, ROAD RUNNERS CLUB OF AMERICA, THE SEATTLE MARATHON ASSOCIATION, ALL SPONSORS, CONTRACTORS AND VOLUNTEERS, THEIR REPRESENTATIVES AND SUCCESSORS FROM ALL CLAIMS OR LIABILITIES OF ANY KIND ARISING OUT OF MY PARTICIPATION IN THIS EVENT EVEN THOUGH THAT LIABILITY MAY ARISE OUT OF NEGLIGENCE OR CARELESSNESS ON THE PART OF THE PERSONS NAMED IN THIS WAIVER. I GRANT PERMISSION TO ALL OF THE FOREGOING TO USE MY PHOTOGRAPHS, MOTION PICTURES, RECORDINGS, OR ANY OTHER RECORD OF THIS EVENT FOR ANY LEGITIMATE PURPOSE. I ALSO UNDERSTAND THAT MY CHILD'S ENTRY FEE IS NON-REFUNDABLE. I UNDERSTAND THAT THIS EVENT IS RRCA SANCTIONED AND THAT BICYCLES, SKATEBOARDS, BABY STROLLERS, ROLLER-SKATES OR BLADES, ANIMALS AND HEADSETS ARE NOT ALLOWED IN THE RACE AND I WILL ABIDE BY THIS GUIDELINE.
2. AUTHORITY TO REGISTER AND/OR TO ACT AS AGENT. YOU REPRESENT AND WARRANT TO THE SEATTLE MARATHON ASSOCIATION (SMA) 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, “SMA” REFERS TO THE SEATTLE MARATHON ASSOCIATION AND ANY AND ALL SUBSIDIARIES, AFFILIATED ENTITIES, OR ENTITIES THAT CONTROL OR ARE CONTROLLED BY THE SEATTLE MARATHON ASSOCIATION SINGLY OR TOGETHER AND ITS BOARD MEMBERS, EMPLOYEES, SPONSORS, VOLUNTEERS, 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.
3. LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. SMA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE THE SMA REGISTRATION SITE 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 SMA 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 INTANGIBLES, EVEN IF SMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF THE SMA REGISTRATION SITE IS AT YOUR SOLE RISK. THE SMA REGISTRATION SITE IS PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. SMA 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.
SMA MAKES NO WARRANTY THAT THE SMA REGISTRATION SITE’S SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. SMA DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN, OR PROVIDED IN CONNECTION WITH, THE SMA REGISTRATION SITE. SMA 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 SMA REGISTRATION SITE 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.
4. INDEMNIFICATION. YOU AGREE TO INDEMNIFY AND HOLD SMA 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 THE SMA REGISTRATION SITE OR THE VIOLATION OF ANY TERM OF THIS AGREEMENT AND WAIVER AS WELL AS THE TERMS OF SERVICE BY YOU.
5. APPLICABLE LAW; CONSENT TO JURISDICTION. THE SMA REGISTRATION SITE (EXCLUDING LINKED SITES) IS CONTROLLED BY SMA FROM ITS OFFICES WITHIN THE STATE OF WASHINGTON, UNITED STATES OF AMERICA. BY COMPLETING THIS EVENT REGISTRATION, BOTH YOU AND SMA AGREE THAT THE STATUTES AND LAWS OF THE STATE OF WASHINGTON, WITHOUT REGARD TO THE CONFLICT OF LAWS PRINCIPLES THEREOF, WILL APPLY TO ALL MATTERS RELATING TO THIS EVENT REGISTRATION, THIS AGREEMENT AND WAIVER, THE TERMS OF USE OR OTHER USE OF THE SMA SITES. YOU AGREE THAT EXCLUSIVE JURISDICTION FOR ANY DISPUTE WITH SMA RESIDES IN THE COURTS OF THE STATE OF WASHINGTON AND YOU FURTHER AGREE AND EXPRESSLY CONSENT TO THE EXERCISE OF PERSONAL JURISDICTION IN THE COURTS OF THE STATE OF WASHINGTON IN CONNECTION WITH ANY DISPUTE INCLUDING ANY CLAIM INVOLVING SMA OR ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS, SPONSORS AND VOLUNTEERS. 6. SEVERABILITY. 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 WASHINGTON 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 COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.