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LIABILITY AND PUBLICITY RELEASE

For considering my entry’s acceptance in the Devil's Den 10 Mile, I the undersigned, intending to be legally bound, waive and release for myself, my heirs, executor and administrators, any and all rights and claims for damages, demands and any other actions, which I may have against Race Timing Unlimited, Culpeper County, the Fredericksburg Area Running Club, volunteer medical support, all participating supports and those entities’ representatives, successors and assignees, from my participation in the event, including any and all injuries suffered by me because of my participation in this event. I verify I have full knowledge of the rigors of this race and the risk involved in participation, and I am physically fit and have sufficiently trained to complete this event. I realize medical support for this event will consist of primarily of volunteer medical personnel prepared to administer first-aid type assistance along the race course and the finish line. I hereby grant permission to the Devil's Den 10 Mile and its sponsors to use all information submitted in my application, and any photograph, videotape, motion pictures, recording and any other record of this event including race results, my likeness, name and completion time for any lawful purpose related to the race and post-race publicity. Runner data may be used to offer a limited number of race enhancements.

The Devil's Den 10 Mile is open to all who are physically fit. It is recommended anyone over the age of 35 and/or with a family history of heart disease consult with their physician before undertaking the race.

The Race Director reserves the right to reject any entry.

Athlete acknowledges that the entry fee paid is non-refundable. Athlete acknowledges and agrees that Race Timing Unlimited, in its sole discretion, may delay or cancel an event if it believes the conditions on race day are unsafe. In the event the Devil's Den 10 Mile is delayed or cancelled for any reason, including but not limited to: fire, threatened or actual strike, labor difficulty, work stoppage, insurrection, war, public disaster, flood, unavoidable casualty, acts of God or the elements, or any other cause beyond the control of Race Timing Unlimited there shall be no refund of the entry fee or any other costs of Athlete in connection with the Event.

1. Authority to Register and/or to Act as Agent. You represent and warrant to Race Timing Unlimited, Inc. ("RTU") that you have full legal authority to complete this event registration on RTU, 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 RTU.

2. Limitation of Liability; Disclaimer of Warranties. RTU SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE RTU 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 RTU 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 RTU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF RTU IS AT YOUR SOLE RISK. RTU IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RTU 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.

RTU makes no warranty that the RTU sites' services will be uninterrupted, secure or error free. RTU does not guarantee the accuracy or completeness of any information in, or provided in connection with, the RTU sites. RTU 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 RTU 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 RTU 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 RTU or the violation of any term of this Liability Waiver or the RTU Terms of Service by you.

4. Applicable Law; Consent to Jurisdiction. The RTU sites (excluding linked sites) are controlled by RTU from its offices within the Commonwealth of Virginia, United States of America. By completing this event registration, both you and RTU agree that the statutes and laws of the Commonwealth of Virginia, 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 RTU sites. You agree that exclusive jurisdiction for any dispute with RTU resides in the courts of the Commonwealth of Virginia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Commonwealth of Virginia in connection with any dispute including any claim involving RTU 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.

6. RTU shall only use any Personal Identifying Information (as defined below) for the purpose of order processing, fulfillment, customer service, and renewal purposes. RTU shall not use any Personal Identifying Information for marketing or solicitation purposes or for any other purpose not explicitly permitted in this Agreement. "Personal Identifying Information" shall include any information about users of RTU's website or any information provided to RTU by registrants or other users of RTU's website.