1. I acknowledge that a marathon or running event (hereinafter called the "Event") is an extreme test of a person's physical and mental limits and carries with it the potential for death, serious injury, and property damage. I acknowledge and agree that it is my responsibility to determine whether I am sufficiently fit and healthy enough to safely participate in an Event, and I attest and certify that I am or will be sufficiently fit and physically trained to participate in any Event which I elect to enter. I have no physical or medical condition which would endanger myself or others if I participate in any Event, or would interfere with my ability to safely participate in any Event. I accept responsibility for the condition and adequacy of my competition equipment and my conduct in connection with any Event. I understand and acknowledge the dangers associated with the consumption of alcohol and/or drugs before, during and after any Event and I recognize that consumption of alcohol and/or drugs might impair my judgment and/or motor skills. I assume full responsibility for any injury, loss or damage associated with my consumption of alcohol and/or drugs. I also know that, although police protection will be provided, there will be traffic on the course route. I assume any and all other risks associated with running this event including but not limited to falls, contact with other participants, the effects of the weather, including high heat and/or humidity, cold wind, snow, rain or ice and the conditions of the roads, all such risks being known and appreciated by me. I understand that I am solely responsible for my own safety while traveling to and from or participating in this event.
2. On behalf of myself, my executors, administrators, heirs, next of kin, successors and assigns, and anyone else who might sue on my behalf, I HEREBY WAIVE, RELEASE, and FOREVER DISCHARGE, the St, Joseph, Missouri Marathon, the St. Joseph Sports Commission, The City of St, Joseph, Missouri, St, Joseph, Missouri Police Department, all Event sponsors, Event producers, Event staff, administrators, officials, contractors, vendors, and organizers (including race directors), volunteers, all other persons or entities involved with the Event, states, cities, towns, and other governmental bodies and locations in which the Event or portions of the Event takes place, and the officers, directors, employees, agents, insurers, other participants and representatives of all of the above (collectively, the "Released Parties"), from any and all claims, causes of action, damages, losses (economic and non-economic), and liabilities of every kind (collectively "Claims"), for death, personal injury, or property damage, which may arise out of, result from, or relate to my participation in, or my traveling to or from, sanctioned Event, including but not limited to any Claims for theft, damage to any equipment, negligence, partial or permanent disability, Claims relating to the provision of first aid, medical care, medical treatment, or medical decisions (at the Event site or elsewhere), and any Claims for medical or hospital expenses.
3. I acknowledge and ASSUME ALL OF THE RISKS and aspects of an Event. I acknowledge that running and other portions of an Event are inherently dangerous and I understand that I will be participating in an Event at my own risk, that I am responsible for the risk of participation in an Event, and that I am waiving and releasing my legal rights to sue for any injury or damages arising out of or resulting from my participation in an Event. I further understand that any injury or damages incurred may be the result of negligence, omission or carelessness by the Released Parties.
4. I FURTHER COVENANT and AGREE NOT TO SUE any of the Released Parties for any of the Claims that I have waived, released, or discharged herein. I AGREE TO INDEMNIFY and HOLD HARMLESS the Released Parties from any and all expenses incurred, Claims made, or liabilities assessed against them, including but not limited to attorneys' fees and litigation expenses, arising out of or resulting from, directly or indirectly, in whole or in part, my breach or failure to abide by any part of this Waiver Agreement, my breach or failure to abide by any Competitive Rules, and my actions or inactions which cause injury or damage to any other person.
5. I AGREE to abide by any rules. I AGREE that prior to participating in an Event I will inspect the race course, facilities, equipment, and areas to be used, and if I believe or become aware that any are unsafe, I will immediately advise the Race Director. I FURTHER GRANT to Event organizers, their licensees the right, permission, and authority to use my name, voice, picture, or photograph, in any broadcast, telecast, commercial advertisement, promotion, or other account of an Event, and I WAIVE any rights to future compensation to which I might otherwise have been entitled for such use.
6. The parent or legal guardian who signs the Waiver Agreement on behalf of a minor, incapacitated and/or mentally challenged person (hereinafter "Said Person"), hereby acknowledges that he or she has the legal capacity and authority to act on behalf of Said Person to legally bind Said Person to the Waiver Agreement. The parent or legal guardian who signs the Waiver Agreement agrees to indemnify and hold harmless the Released Parties for any expenses incurred, Claims made, or liabilities assessed against them, as a result of any insufficiency of legal capacity or authority to act on behalf of Said Person in the execution of the Waiver Agreement.
7. In order to protect our participants and insure a safe event, each individual participating in this event must be officially registered under his or her own name with accurate personal information. Failure to do so will void the registration and prohibit participation. Registration entries and race numbers cannot be transferred to another person under any circumstances or used by registrant in subsequent years. Registration fees are non-refundable in all cases regardless of inability to participate or event cancellation. The race director reserves the right to cancel the event because of weather, natural disaster or other unforeseen circumstances which pose a significant danger to the participants.
8. If any provision of this Waiver Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Waiver Agreement and shall not affect the validity and enforceability of any remaining provisions.
I grant to the St. Joseph, Missouri Sports Commission and The Junior League of St. Joseph the right to use my image in all forms and media for marketing, promotional or related materials (the "Materials") throughout the world and in perpetuity.( Having read this waiver and release, knowing these facts and in consideration of this application, I, for myself and anyone entitled to act on my behalf, waive and release and covenant not to sue, hold harmless, defend and indemnify the Released Parties sponsors, and volunteers, from any and all claims or liabilities, known or unknown, of any kind, including any negligence, arising out of or relating to the Event.)
Disclaimer: Marathon participants who do not maintain a minimum pace of 12 minutes per mile in the marathon may be asked by police or race officials to move to the sidewalks or side of the road at some point during the race because of safety concerns. However, runners at any pace are encouraged to participate.
No strollers, dogs, skateboards, bicycles, rollerblades or motorized vehicles will be allowed on the course.
Registration entry fees are non-refundable.
Liability Waiver: You represent and warrant that you have full legal authority to complete this event registration on stjomosports.com/marathon (St. Joseph Sports Commission), including full authority to make use of the credit or debit card to which registration and other fees will be charged. If you are registering third parties, you represent and warrant that you are duly authorized to act as agent on behalf of such parties in this registration process. 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. Further, you represent and warrant that, in compliance with the Children's Online Privacy Protection Act (COPPA), you are older than thirteen (13) years of age. If you are registering a child under the age of fourteen (14) years, you represent and warrant that you are the parent or legal guardian of such child and you do hereby consent to the collection of such child's personal information by stjomosports.com. stjomosports.com shall not be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages including, but not limited to, damages for loss of profits, use, data, or other intangible damages even if stjomosports.com or its third party service providers have been advised of the possibility of such damages resulting from: (i) the use or the inability to use stjomosports.com; (ii) the timeliness, deletion, or failure to store any user data, communications, or personalization settings; (iii) the cost of getting substitute goods and services resulting from any products, data, information or services purchases or obtained or messages received or transactions entered into, through or from stjomosports.com; (iv) statements or conduct of stjomosports.com staff, contractors, or service providers; (vi) the use, inability to use, unauthorized use, performance or non-performance of any third party, even if the third party has been advised previously of the possibility of such damages; or (vii) any other matter relating to stjomosports.com. You agree that you will not in any way hold stjomosports.com responsible for any selection or retention of, or the acts or omissions of, third parties (including third party service providers) in connection with stjomopsorts.com. stjomosports.com is provided on an 'as is' and 'as available' basis and makes no warranty that the stjomosports.com site services will be uninterrupted, secure, or error free. Stjomosports.com does not guarantee the accuracy or completeness of any information in or provided in connection with the stjomosports.com site and is not responsible for any errors or omissions or for the results obtained from the use of such information. You understand and expressly agree that any material or information and/or data downloaded or otherwise obtained through the use of the stjomosports.com site is at your own discretion and risk and that you are solely responsible for any damage to your computer system or loss of data that results from the download of such material or information and/or data. You agree to indemnify and hold stjomosports.com, its officers and employees, as well as its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the St. Joseph, Missouri Sports Commission or the violation of any term of this Liability Waiver or the St. Joseph, Missouri Sports Commission terms of service by you. St. Joseph, Missouri Sports Commission expressly disclaims all representations and warranties, including without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The St. Joseph, Missouri Sports Commission site (excluding linked sites) is controlled by the St. Joseph, Missouri Sports Commission from its offices within the State of Missouri, United States of America. By completing this event registration, you and St. Joseph, Missouri Sports Commission agree that the statutes and laws of the State of Missouri, without regard to the conflict of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of the St. Joseph, Missouri Sports Commission site including event registration and the purchase of products and services available through use of the St. Joseph, Missouri Sports Commission. You agree that exclusive jurisdiction for any dispute with the St. Joseph, Missouri Sports Commission resides in the courts of the State of Missouri and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Missouri in connection with any dispute including any claim involving the St. Joseph, Missouri Sports Commission or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. 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.