By
indicating your acceptance, you understand, agree, warrant and covenant as
follows and hereby enter into this NFL Alumni Association Release and Waiver
Agreement (this “Agreement”) as it relates to the NFL Alumni Association 5K Run
to benefit the Pat Tillman Foundation to be held Saturday, January 31, 2015 in
Scottsdale Arizona
(the “NFLAA Race”).:
1.
ACKNOWLEDGEMENT OF RISK:
I, ON MY BEHALF, AND/OR ON BEHALF OF THE MINOR CHILDREN IDENTIFIED ON THE
REGISTRATION PAGE (THE “MINOR(S)”), ACKNOWLEDGE AND AGREE THAT I AM AWARE OF
THE INHERENT RISKS IN PARTICIPATING IN AN ATHLETIC EVENT OF THIS TYPE AND THAT BY PARTICIPATING IN THE NFLAA RACE,
I, AND/OR THE MINOR(S), COULD POSSIBLY BE EXPOSED TO DANGEROUS OR HAZARDOUS
EVENTS (E.G. POTENTIAL INJURIES FROM FALLING OR TRIPPING, BEING PUSHED BY
ANOTHER PARTICIPANT, TRAFFIC OR INTERFERENCE ON THE COURSE OR THE EFFECTS OF
THE ROAD) OR I, AND/OR THE MINOR(S) POSSIBLY COULD SUFFER PROPERTY DAMAGE. I
ATTEST AND VERIFY THAT I AND/OR THE MINOR(S) ARE PHYISCALLY FIT AND HAVE
SUFFICIENTLY TRAINED FOR COMPETITION IN THE NFLAA RACE AND THAT A LICENSED
MEDICAL DOCTOR HAS VERIFIED MY (OR THE MINORS) PHYSICAL CONDITION. I UNDERSTAND
THAT IN ADDITION TO THE ABOVE-MENTIONED RISKS, THERE ARE UNPREDICTABLE DANGERS
IN THE NFLAA RACE. I, AND/OR THE MINORS, ARE VOLUNTARILY PARTICIPATING IN THE
SCOTTSDALE NFLAA RACE WITH KNOWLEDGE OF THE POSSIBLE DANGERS INVOLVED AND I
HEREBY ASSUME ANY AND ALL RISKS OF INJURY TO ME AND/OR THE MINOR(S) AND RISKS
OF PROPERTY DAMAGE AND I AGREE TO ASSUME MY OWN AND/OR MY MINOR(S)’ MEDICAL
EXPENSES OF EVERY KIND IN THE EVENT OF INJURY TO THE MAXIMUM EXTENT PERMITTED
BY LAW IN ANY APPLICABLE JURISDICTION. I CERTIFY THAT THE MINOR(S) HAVE MY
PERMISSION TO COMPETE IN THE NFLAA RACE, IS/ARE IN GOOD PHYSICAL CONDITION AND
THAT THE RACE OFFICIALS HAVE MY PERMISSION TO AUTHORIZE EMERGENCY TREATMENT IF
NECESSARY ON MY BEHALF AND/OR THE MINORS.
2.
WAIVER AND RELEASE. As
consideration for being permitted to participate in the NFLAA, Race, I hereby
agree that neither I nor the Minor(s) or any of our respective assignees,
heirs, distributees, guardians, or legal representatives will make a claim
against, sue, or attach the property of the NFL Alumni Association, the sponsors of the NFLAA Race or any of the
respective partners, members, affiliates, directors, officers, representatives,
employees, contractors or agents of the NFL Alumni Association, Raceplace Event
Systems, Inc., the City of Scottsdale and the County of Maricopa, the sponsors
of the NFLAA Race or any NFL Entity (collectively, the “Releasees”) for any
liability, injury, loss or damage connected in any way with the NFLAA Race even
if such liability may arise out of negligence or carelessness on the part of
the Releasees. I hereby release and hold harmless each of the Releasees from
all actions, claims, or demands that I or the Minor(s) or any of our respective
assignees, heirs, distributees, guardians, or legal representatives now have or
may hereafter have for any liability, injury, loss or damage resulting from
registration for or participation in the NFLAA Race, including, but not limited
to any medical attention that may be deemed necessary.
3.
INDEMNIFICATION. In and
for consideration of being permitted to participate in the NFLAA Race, I agree
to indemnify and hold harmless the Releasees, and each of them, from any and
all losses, liabilities, claims, demands, damages or judgments resulting from
my and the Minor(s)’ registration for and participation in the NFLAA Race or my
violation of any term of this Agreement as well as the rules for the NFLAA Race
and the Terms of Service.
4.
REGISTRATION. I
represent and warrant the Releasees that I have full legal authority to
complete this event registration on behalf of myself and/or any party I am
registering (the "Registered Parties"), including full authority to
make use of the credit or debit card to which registration fees will be
charged. 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 on their behalf
and by proceeding with this event registration, I agree that the terms of this
Agreement shall apply equally to all Registered Parties. By registering a child
under 18, I agree and consent to the collection of that child's information
which I provide for the purposes of registration and that all information
collected hereunder shall be subject to the NFL Alumni Association.
5.
LIMITATION OF LIABILITY;
DISCLAIMER OF WARRANTIES. NONE OF THE RELEASEES SHALL BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE
PARTICIPATION OR THE INABILITY TO PARTICIPATE IN THE NFLAA RACE OR (B)
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 INTANGIBLES, EVEN THOUGH I HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. I EXPRESSLY AGREE THAT REGISTRATION ON THIS SITE FOR THE NFL ALUMNI
ASSOCIATION RACE AND PARTICIPATION IN THE NFL ALUMNI ASSOCIATION RACE BY ME
AND/OR THE MINOR(S) IS AT MY AND OUR SOLE RISK. RELEASEES AND MLBAM EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. The Releasees make no warranty that the NFLAA Race website’s
services will be uninterrupted, secure or error free. The Releasees do not
guarantee the accuracy or completeness of any information in, or provided in
connection with, the NFLAA Race website. The Releasees are not responsible for
any errors or omissions, or for the results obtained from the use of such
information. I understand and agree that any material and/or data downloaded or
otherwise obtained through the use of the NFLAA Race website is at my own
discretion and risk and that I will be solely responsible for any damage to my
computer system or loss of data that results from the download of such material
and/or data.
6.
PUBLICITY. I grant the
Releasees the exclusive right to photograph, video tape or use any other
mechanical means of recording or reproducing images and to use my likeness and,
if applicable, the likeness of the Minor(s). I also acknowledge and hereby
grant to the Releasees, the worldwide and perpetual right and authority to use,
reproduce, distribute, broadcast or otherwise transmit, publish and display in
whole or in part, my name, photograph, or any other likeness and/or
biographical information I may provide and, if applicable, the Minor(s) name,
photograph or other likeness or other biographical information provided, and
any statement I have made or may make concerning the NFLAA Race in any and all
media now known or hereafter invented, in perpetuity, for the purpose of trade,
promotion and/or otherwise without notification, compensation or additional
consideration, except where prohibited by law.
7.
ENTRY FEE AND TICKETS
(IF PURCHASED) NON-REFUNDABLE. I understand that my entry fee is nonrefundable
even if the NFLAA Race is cancelled or rescheduled.
8.
SEVERABILITY. I further
expressly agree that this Agreement is intended to be as broad and inclusive as
is permitted by the law of the State of Arizona and that if any provision of
this Agreement shall be found 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.
9.
CONTRACT. I HAVE
CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE
THAT THIS IS A RELEASE OF LIABILITY AND A BINDING CONTRACT BETWEEN ME (AND THE
MINOR(S), AS APPLICABLE) AND NFLAA ON BEHALF OF THE RELEASESS AND SIGN IT OF MY
OWN FREE WILL. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING
THE RIGHT TO SUE. I ACKNOWLEDGE THAT I AM SIGNING THIS AGREEMENT FREELY AND
VOLUNTARILY, AND INTEND BY MY ACCEPTANCE TO PROVIDE A COMPLETE AND
UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
ALL
PARTICIPANTS IN THE NFLAA RACE ASSUME ALL RISK OF PARTICIPATION BY
PARTICIPATING IN THE NFLAA RACE AND EXECUTINGTHIS GENERAL
RULES
COMPLIANCE. I agree to abide by all rules and guidelines of the NFLAA Race and
not cover, alter or reproduce my running number in any way, or I risk
disqualification from this and future events. I agree I will not chargeback or
dispute the credit card transaction.
Authority
to Register and/or to Act as Agent. You represent and warrant to NFLAA and RacePlace
Events that you have full legal authority to complete this event registration
on ChronoTrack Live, 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 the Registration Agreement shall apply equally to you and to any third
parties for whom you are acting as agent. 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 eighteen (18) years of age you are the parent of
such child, and do hereby consent to the collection of such child's personal
information by NFLAA.