Please read this waiver, assumption of risk, release of liability and indemnity agreement (“agreement”) carefully. It includes a release of liability and waiver of legal rights and deprives you of the ability to sue certain parties. Do not agree to this agreement unless you have read and understood it in its entirety. Seek the advice of legal counsel if you are unsure of its effect. By agreeing electronically to this agreement, you acknowledge that you have both read and understood the text presented to you as part of the registration process. You also understand and agree that race events carry certain inherent dangers and risks which may or may not be readily foreseeable, including without limitation personal injury, property damage or death. Your ability to participate in the event(s) is/are subject to your agreement to the agreement and by agreeing herein, you accept and agree to the terms of the agreement.
REFUND POLICY AND WAIVER, ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT
All entries are non-refundable. Once we receive and accept your entry, you will not receive a refund if you cannot participate, nor will you receive a refund, credit or transfer if the event is cancelled, shortened, rescheduled or altered in any way due to weather or for any other reason, including, but not limited to, natural disturbances, police activity, acts/threats of terrorism, or other reasons beyond the reasonable control of the Oklahoma City Memorial Marathon, including, without limitation, the novel coronavirus and COVID-19. If a government order (e.g., stay-at-home order, shelter-in-place order, restriction on travel and/or congregation, quarantines, self-quarantines, etc.), legal requirements, events or other incidents arising as a result of the novel coronavirus (COVID-19) pandemic makes the Oklahoma City Memorial Marathon and/or its associated events impracticable to perform, illegal or impossible to perform, as determined by us, then we will have the right to cancel the Oklahoma City Memorial Marathon and its associated events, and you will not be entitled to receive a refund, credit or transfer.
I have read and understand the Refund Policy and Waiver, Assumption of Risk, Release of Liability and Indemnity Agreement. By submitting this form, I acknowledge that I know that running a road race, including running or participating in the Oklahoma City Memorial Marathon is a potentially hazardous activity. I understand and agree that I should not and will not enter and run in this event unless I am medically able and properly trained. I certify that I am physically fit and have sufficiently trained and prepared for participation in the event and have not been advised otherwise by a qualified medical professional. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in this event. I know that there will be a possibility of traffic on the Oklahoma City Memorial Marathon course. I assume the risk of running in traffic. I also assume any and all other risks associated with running and participating in this event including, but not limited to falls, contact with other participants, volunteers, race officials, and sponsors, and the effects of the weather, including high heat and/or humidity and/or rain, extreme cold, snow, sleet, ice, and hail, and the conditions of the roads, all such risks being known and appreciated by me. I understand that these risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others participating in the event, or the acts, inaction or ordinary negligence of the Released Parties defined below, and I hereby voluntarily and willingly assume all such risks and any other damages, liabilities, losses or expenses to my person or personal property which I incur as a result of my participation in the event. I agree to yield to all emergency vehicles. I also am fully aware that wheels of any kind, except hand crank, push rim and standard wheelchairs are strictly prohibited. Baby strollers are allowed in the 5K and Kids Marathon only but must start in the back corral. Animals are strictly prohibited and I agree not to have them on the course. Furthermore, I agree not to go back
onto the course after finishing. Knowing these facts, and in consideration of your accepting my entry, I hereby for myself, my heirs, my estate, executors, administrators or anyone else who might claim on my behalf, covenant not to sue, and waive and release and discharge, and agree to hold harmless any and all race sponsors, race officials, volunteers, local and state police, and all municipalities including any and all of their agents, employees, assigns, the Oklahoma City National Memorial Foundation, Inc., the Oklahoma City Memorial Marathon, Event Southwest, or anyone acting for or on their behalf, including each of their respective affiliated companies, officers, directors, members, trustees, partners and volunteers (collectively, the “Released Parties”) from any and all claims, liability, damages, demands, causes of action, losses or expense (including court costs and reasonable attorneys fees) of any kind or nature (“Liability”) from my use of, presence at or participation in the event, which may arise out of, result from or relate to the ordinary negligence of the Released Parties, including without limitation, any and all Liabilities for death, personal injury or property damage or property theft of any kind or nature, including, without limitation, those related to the novel coronavirus and COVID-19. I further agree that if, despite this agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liability which may be incurred as the result of such claim.
This release and waiver extends to all claims and Liabilities of every kind or nature whatsoever, foreseen or unforeseen, known or unknown. I agree that the Oklahoma City Memorial Marathon’s medical team may have access to any information I submit with this race entry and may share this and other information as necessary with other healthcare providers for treatment purposes. I further grant full permission to the event organizers, sponsors and or agents authorized by them to use, copyright and/or publish any photographs, video, motion pictures, recordings or any other record of this event in which I appear for any lawful purpose whatsoever. I am agreeing to this agreement freely and voluntarily, without any inducement, assurance or guarantee, and intend for my electronic agreement to this agreement to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this agreement. This agreement shall be construed broadly to provide an assumption of risks, waiver, release of liability and indemnity to the maximum extent permissible under applicable law. If any provision of this agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
The Oklahoma City National Memorial Foundation, Inc. (“we”) cannot guarantee that you will not become infected with COVID-19. Further, participating in and/or attending the Oklahoma City Memorial Marathon and any of its associated events could increase your risk of contracting COVID-19.
By submitting this form, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by participating in and/or attending the Oklahoma City Memorial Marathon and/or any of its associated events, and that such exposure or infection may result in personal injury, illness, permanent disability, and/or death. I understand that the risk of
becoming exposed to or infected by COVID-19 at the Oklahoma City Memorial Marathon and/or any of its associated events may result from the actions, omissions, or negligence of myself and others, including, but not limited to, our employees, volunteers, agents and other representatives, and race participants and their families.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my participation and/or attendance at the Oklahoma City Memorial Marathon and/or any of its associated events related to the novel coronavirus and COVID-19 (“Claims”). On my behalf, I hereby release, covenant not to sue, discharge, and hold harmless the Oklahoma City National Memorial Foundation, its employees, agents, volunteers and other representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Oklahoma City National Memorial Foundation, its employees, agents, volunteers, and other representatives, whether a COVID-19 infection occurs before, during, or after participation in and/or attendance of the Oklahoma City Memorial Marathon or any of its associated events.
BY SUBMITTING MY REGISTRATION, AND IN CONSIDERATION OF YOUR ACCEPTING MY REGISTRATION ENTRY TO THE EVENT, I AGREE TO THE TERMS, CONDITIONS AND PROVISIONS CONTAINED IN THIS REFUND POLICY AND WAIVER, ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT.
Application for minors accepted only with a parent or guardian signature. The registrant acknowledges that Chrono Track Live/RunSignUp has no responsibility for the operation of the Oklahoma City Memorial Marathon and associated events and is only acting as an agent to register applicants who wish to participate in the Oklahoma City Memorial Marathon and associated events. Accordingly, the registrant agrees to hold Chrono Track Live/RunSignUp and its agents harmless from any liability or injury resulting from the Oklahoma City Memorial Marathon and associated events. Furthermore, the registrant agrees that it shall have no claim against Chrono Track Live/RunSignUp for any injury that may occur during the Oklahoma City Memorial Marathon and associated events. The individual event operators and sponsors have provided information included in this site and Chrono Track Live/RunSignUp does not verify the accuracy or completeness thereof. All confirmed orders are final once payment is submitted. Chrono Track Live/RunSignUp does not issue refunds. If the applicant is under age 18: I am the parent or legal guardian of the applicant, a minor, who has read, accepted and agreed to the REFUND AND WAIVER, ASSUMPTION OF RISK, RELEASE OF LIABILTY AND INDEMNITY AGREEMENT. I hereby represent that I am the parent or guardian of the applicant, and have the capacity to sign all of the documents required for acceptance of the minor’s application to participate and run in the Oklahoma City Memorial Marathon. I hereby accept and agree to all of the terms and conditions of this agreement in connection with the minor’s participation in the event. If despite this agreement, I, or anyone on the minor’s behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liabilities which may be incurred as the result of such claim.
