Winged Hope Family Advocacy
Foundation/The Hope Run AGREEMENT
AND LIABILITY WAIVER (this “Agreement
and Waiver”)
PLEASE READ THE FOLLOWING
AGREEMENT CAREFULLY, AS IT AFFECTS
YOUR FUTURE LEGAL RIGHTS. BY
PROCEEDING WITH REGISTERING FOR
THE EVENT, YOU ACKNOWLEDGE AND
AGREE THAT YOU HAVE CAREFULLY
READ AND FULLY UNDERSTOOD THE
AGREEMENT AND AGREE TO THE TERMS
SET FORTH BELOW.
In consideration of being permitted to register and/or participate in,
including without limitation by observing, the activities for which you
are registering (the “Event”), on behalf of yourself and any personal
representatives, assigns, heirs, executors, successors and next of
kin, you understand, agree, warrant and covenant as follows:
1. Authority to Register and/or to Act as Agent. You represent and
warrant to Winged Hope Family Advocacy Foundation Inc. (“Winged
Hope”) that you have full legal authority to complete the registration
for the Event, including this Agreement and Waiver, on behalf of
yourself and/or any party for whom 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, (a) “Winged Hope/The Hope Run”
means and includes Winged Hope Family Advocacy Foundation Inc.,
its partners, licensors, and any and all subsidiaries, affiliated entities,
or entities that control, are controlled by, or are under common
control with Winged Hope singly or together and its and each of their
officers, employees, contractors, subcontractors and agents and each of their agents, representatives, successors and assigns; and (b) “you” or “your” means and includes you (as an individual) and all other Registered Parties for whom you are registering, and by virtue of agreeing to this Agreement and Waiver, for whom you are waiving certain rights.
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 and Waiver on their behalf and by proceeding with registration for the Event, you agree that the terms of this Agreement and Waiver shall apply equally to all of the Registered Parties. To the extent permitted by law, each person agreeing to this Agreement and Waiver for him/herself and/or on behalf of another Registered Party
(including, without limitation, any minor) agrees to indemnify, defend,
and hold Winged Hope harmless from any liability, claim, demand,
cause of action, damage, loss, or expense (including court costs and
reasonable attorneys’ fees) of any kind or nature (each, a “Liability”
and collectively “Liabilities”) in the event the Liability arises because a
Registered Party is found by a court of competent jurisdiction to not
be bound by the terms and conditions of this this Agreement and
Waiver. In addition, if, despite this Agreement and Waiver, any of the
Registered Parties makes a claim against Winged Hope, you agree,
immediately upon request or demand by Winged Hope, to defend,
indemnify and hold Winged Hope harmless from all Liabilities which
may be incurred as the result of such claim.
2. ASSUMPTION OF RISK. IN CONSIDERATION OF THE
ACCEPTANCE OF YOUR REGISTRATION AND PARTICIPATION
IN THE EVENT, YOU ASSUME FULL AND COMPLETE RISK AND
RESPONSIBILITY FOR ANY INJURY OR ACCIDENT WHICH MAY
OCCUR DURING THE EVENT, WHILE YOU ARE ON THE
PREMISES OF THE EVENT, OR WHILE YOU ARE TRAVELING TO
OR FROM THE EVENT. YOU UNDERSTAND THAT
PARTICIPATING IN THE EVENT IS HAZARDOUS, AND THAT
YOU SHOULD NOT ENTER AND PARTICIPATE UNLESS YOU
ARE MEDICALLY ABLE AND PROPERLY TRAINED. YOU
ACKNOWLEDGE AND AGREE THAT THE EVENT MAY BE HELD
OVER PUBLIC ROADS AND FACILITIES OPEN TO THE PUBLIC
DURING THE EVENT AND UPON WHICH HAZARDS ARE TO BE
EXPECTED. YOU ALSO ACKNOWLEDGE AND AGREE THAT
PARTICIPATION IN THE EVENT CARRIES WITH IT CERTAIN
INHERENT RISKS AND DANGERS THAT CANNOT BE
ELIMINATED COMPLETELY RANGING FROM RISK OF MINOR
INJURIES TO CATASTROPHIC INJURIES INCLUDING
PERMANENT DISABILITY AND DEATH. YOU ARE AWARE OF
AND ASSUME ALL RISKS ASSOCIATED WITH PARTICIPATING
IN THE EVENT, INCLUDING WITHOUT LIMITATION RISKS OF
PERMANENT INJURY OR DEATH DUE TO FALLS, OBSTACLES,
CONTACT WITH OTHER PARTICIPANTS, ACTS OR OMISSIONS
OF OTHER PARTICIPANTS, EFFECT OF WEATHER, TRAFFIC AND CONDITIONS OF ANY ROAD.
3. Representations. You represent and warrant that you are in good
physical condition, are able to safely participate in the Event and
have no medical condition that would make your participation in the
Event more hazardous. You consent to medical care and
transportation in order to obtain treatment in the event of injury to you
and understand that this Agreement and Waiver extends to any
liability arising out of or in any way connected with the medical
treatment and transportation provided in the event of an emergency
and/or injury. You understand that no medical care may be available,
but if it is, you assume liability for any and all medical expenses
incurred as a result of your participation in the Event, including, but
not limited to ambulance transport, hospital stays, physician, and
pharmaceutical goods and services. You agree to observe and obey
all posted rules and warnings, to follow any instructions or directions
provided to you by Winged Hope or the Event organizer and to abide
by any decision of any Event official relative to your ability to safely
participate in or attend the Event. You understand and agree that you
are expected to exhibit appropriate behavior at all times while at the
Event and to obey all local, state and federal civil and criminal laws
while participating in or attending the Event. This includes, generally,
respect for other people, equipment, facilities or property. You agree
that Event officials may dismiss you, without refund, should your
behavior endanger the safety of or negatively affect the Event. You
understand and agree that neither Winged Hope nor the Event
organizer is responsible for any personal item or property that is lost,
damaged or stolen at the Event. You understand and agree that the
Event organizer reserves the right to cancel the Event in the event of
weather (including, but not limited to, heat, tornadoes, earthquakes,
fires, storms, lightning and floods), accidents, acts of war or terrorism,
military conflicts or riots or for any reason that would affect the safety
and security of Event participants and spectators. In the event of such
cancellation or any other cancellation for any reason, there will be no
refund of your payment unless authorized and paid by the Event
organizer.
4. Use of Likeness. You hereby grant Winged Hope and the holder of
the Event permission to record your voice and photograph you in
conjunction with the Event. You understand and agree that the term
"photograph" as used herein encompasses both still photographs and video recordings. You further grant Winged Hope and the holder of the Event full unrestricted rights to the use of your photograph, voice,
and likeness in any form, including edited versions, in or over any
medium including without limitation streaming audio and/or video over the internet, broadcast, cable, satellite transmissions, and media that are unknown at this time, worldwide for any purpose including without limitation any commercial purpose.
5. RELEASE AND WAIVER OF LIABILITY. YOU HEREBY WAIVE,
RELEASE, COVENANT NOT TO SUE AND FOREVER
DISCHARGE Winged Hope AND ALL OTHER PERSONS
ASSOCIATED WITH THE EVENT, FOR ALL LIABILITIES, CLAIMS,
ACTIONS, OR DAMAGES THAT YOU MAY HAVE AGAINST THEM
ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR
REGISTRATION AND/OR PARTICIPATION IN THE EVENT,
INCLUDING WITHOUT LIMITATION ANY LIABILITIES, CLAIMS,
ACTIONS, OR DAMAGES CAUSED BY NEGLIGENCE OF THE
ABOVE PARTIES (INCLUDING ANY NEGLIGENT RESCUE
ATTEMPT), THE ACTION OR INACTION OF ANY OF THE ABOVE
PARTIES, OR OTHERWISE. Winged Hope SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF Winged Hope HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (A) THE USE OR THE INABILITY TO USE
THE Winged Hope SITES, PRODUCTS OR SERVICES; (B) THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE Winged Hope SITES; (C) YOUR
PARTICIPATION IN ANY PROMOTION OR PROGRAM
COORDINATED BY Winged Hope; (D) PERSONAL INJURY NOT
CAUSED BY Winged Hope’s GROSS NEGLIGENCE; (E)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (F) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE Winged Hope SITES; (G) ANY
OTHER MATTER RELATING TO THE Winged Hope SITES, OR
Winged Hope PRODUCTS OR SERVICES; OR (H) YOUR
PARTICIPATION IN THE EVENT. YOU AGREE THAT Winged Hope's MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR
CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL
AMOUNT OF MONIES RECEIVED BY Winged Hope FROM YOU.
You expressly waive and relinquish any and all rights which they may
have under the following provisions:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH
THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN
HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
6. INDEMNITY. YOU AGREE TO INDEMNIFY, DEFEND, AND
HOLD HARMLESS Winged Hope AND ALL OTHER PERSONS
ASSOCIATED WITH THE EVENT, FROM ALL LIABILITIES
ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) YOUR
PARTICIPATION IN THE EVENT, INCLUDING WITHOUT
LIMITATION ANY LIABILITY CAUSED BY NEGLIGENCE
(INCLUDING ANY NEGLIGENT RESCUE ATTEMPT), THE ACTION
OR INACTION OF Winged Hope, (B) YOUR USE OF Winged
Hope, OR (C) ANY VIOLATION BY YOU OF ANY TERMS OF THIS
AGREEMENT AND WAIVER AND/OR THE TERMS OF SERVICE.
7. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE
THAT USE OF Winged Hope’s SERVICES IS AT YOUR SOLE
RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS. Winged Hope MAKES NO WARRANTY
THAT THE Winged Hope SITES’ SERVICES WILL BE
UNINTERRUPTED, SECURE OR ERROR FREE. Winged Hope
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. Winged Hope
DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS
OF ANY INFORMATION IN, OR PROVIDED IN CONNECTION
WITH, THE Winged Hope SITES. Winged Hope IS NOT
RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR
THE RESULTS OBTAINED FROM THE USE OF SUCH
INFORMATION.
8. Applicable Law; Consent to Jurisdiction. You agree that the
statutes and laws of the State of Arizona, United States of America,
without regard to the conflict of laws principles thereof, will apply to all matters relating to this Agreement and Waiver. You irrevocably
consent that exclusive jurisdiction for any dispute with Winged
Hope/The Hope Run relating to this Agreement and Waiver resides in
the courts of Gilbert, Arizona, and you further agree and expressly
consent to the exercise of personal jurisdiction in the courts of Gilbert,
Arizona in connection with any such dispute including any claim
involving Winged Hope/The Hope Run.
9. Severability. You further expressly agree that this Agreement and
Waiver is intended to be as broad and inclusive as is permitted by
applicable law, and if any provision of this Agreement and Waiver is
held to be unenforceable by a court of competent jurisdiction for any
reason whatsoever, (a) the validity, legality, and enforceability of the
remaining provisions of this Agreement and Waiver (including without
limitation, all portions of any provisions containing any such
unenforceable provision that are not themselves unenforceable) shall
not in any way be affected or impaired thereby, and (b) to the fullest
extent possible, the unenforceable provision shall be deemed
modified and replaced by a provision that approximates the intent and
economic effect of the unenforceable provision and the Agreement
and Waiver shall be deemed amended accordingly.
BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT
AND WAIVER, YOU ARE AFFIRMING THAT YOU HAVE READ
AND UNDERSTAND THIS AGREEMENT AND WAIVER AND
FULLY UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT
YOU AND ALL REGISTERED PARTIES ARE GIVING UP
SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU
ACKNOWLEDGE THAT YOU ARE AGREEING TO THIS
AGREEMENT AND WAIVER FREELY AND VOLUNTARILY, AND
INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE AND
UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE
GREATEST EXTENT ALLOWED BY LAW.