FOX RIVER TRAIL RUNNERS – AGREEMENT AND WAIVER (ALL Event or Activity)
By indicating your acceptance, and in consideration of your being allowed to participate in the event or activity for which you are registering, you understand, agree, warrant and covenant as follows (the “Agreement and Waiver”):
I understand that I am registering to participate, as a runner, participant and/or volunteer, in an event or activity organized by the Fox River Trail Runners (the “Club”). I know that running in, participating in, and/or volunteering to work in such events or activities including, without limitation, organized group runs, social events, and races associated with the Club (including an event that is organized, in whole or in part, as a virtual activity where I run on my own, at a date and time of my choosing, in a location and running route of my choosing, and which will not have any support or security measures put in place by the Club), are potentially hazardous activities, which could cause or result in illness, injury or death. I certify that I am in good health, and I am medically able, and am properly trained, to participate in the event or activity. I realize medical support will only be available if this event or activity is an organized in-person race (and not a virtual race or merely a group training run or social event) and, in that case, will consist primarily of volunteer medical personnel prepared to administer first-aid type assistance along the race course and the finish line; and I further realize that, if I participate in a Club-sanctioned virtual event or activity, I will be running on my own for the virtual event or activity and that medical and other support will not be made available. I agree to abide by all rules established by the Club for the event or activity, including the right of any official to deny or suspend my participation in the event or activity for any reason whatsoever. If I participate in a Club-sanctioned group run or virtual event or activity, (i) I agree to follow all pedestrian safety ordinances including running on a sidewalk or multi-use trail where available and not in the road, (ii) I agree to follow the rules of the road if no sidewalk or multi-use trail is available, (iii) I will run against oncoming traffic and not with traffic, and (iv) I agree that, if I am running at night or in low-light conditions, I will wear appropriate lighting and reflective gear so as to be highly visible to vehicular traffic. I assume all risks associated with running in, participating in, and/or volunteering to work in the event or activity, including, but not limited to, falls, contact with other participants, spectators or pedestrians, the effects of the weather, including high heat, humidity or freezing cold temperatures, and vehicular traffic and the conditions of the road/course and the surrounding terrain, all such risks being known and appreciated by me. Further, I acknowledge the contagious nature of COVID-19 and other communicable diseases and voluntarily assume the risk that I may be exposed to or infected by COVID-19 and/or other communicable diseases by participating in the event or activity, and I understand that such exposure or infection may result in personal injury, illness, permanent disability, and/or death. I acknowledge that the foregoing risks may result from or be compounded by the actions, omissions, or negligence of others including, without limitation, the Fox River Trail Runners. If I participate in a Club-sanctioned virtual event or activity, I attest that, if my community has a shelter in place order, I will only participate in the virtual event or activity by using a personal treadmill, and I will not run outside in the community during the duration of a shelter in place order, except as may be permitted by such shelter in place order. Fully understanding the foregoing described risks, and in consideration of being allowed to participate in, or accepting my registration for, the event or activity, I, for myself and anyone entitled to act on my behalf, expressly waive and release any and all rights and claims for damages, liability, costs and any other actions, which I may now or hereafter have, against the Fox River Trail Runners, sponsors for the Club or the event or activity, Road Runners Club of America, Kane County Forest Preserve, Kane Co. Sheriff Dept., City of St. Charles, City of Geneva, City of Batavia, City of Aurora, volunteer logistical and medical support, all other participating supports, and the respective representatives, employees, agents, volunteers, contractors, subcontractors, successors, and assigns of any of the foregoing (collectively, the “Releasees”), arising from my participation in the event or activity including, without limitation, on account of injury, illness, disability, or death, whether caused by the negligence of any of the Releasees or otherwise.
I hereby grant permission to the Fox River Trail Runners 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 or activity including, without limitation, race results, my likeness, name and completion time for any lawful purpose related to the event or activity and post-event or post-activity publicity. Runner data may be used to offer a limited number of race enhancements.
The Race Director reserves the right to reject any race entry. No unauthorized bicycles, roller skates or dogs are permitted during the events; headphones and other similar devices are not advised.
Registered participants may NOT transfer their registration to anyone without permission. Anyone doing so risks being prohibited from future Fox River Trail Runner sponsored events or activities.
I acknowledge that the fee paid is NON-REFUNDABLE and will not be deferred for use in any other Fox River Trail Runners sponsored event or activity. I acknowledge and agree that the Fox River Trail Runners in its sole discretion may delay or cancel the event or activity if it believes the conditions are unsafe. In the event the event or activity 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, pandemic, or any other cause beyond the control of the Fox River Trail Runners, there shall be no refund of the fee or any other costs in connection with the event or activity.
If I am registering a child under the age of 18 or an incapacitated adult, I represent and warrant that I am 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 this registration, I agree that the terms of this Agreement and Waiver shall apply equally to all registered parties. By registering a child under 13, I agree and consent to the collection of that child's information which I provide for the purposes of registration.