AGREEMENT AND LIABILITY WAIVER (“Agreement and
Waiver”)
PLEASE
READ THE FOLLOWING AGREEMENT AND WAIVER CAREFULLY, AS IT AFFECTS YOUR FUTURE
LEGAL RIGHTS. BY PROCEEDING WITH REGISTERING FOR THE EVENT, YOU ACKNOWLEDGE AND
AGREE THAT YOU HAVE CAREFULLY READ THE AGREEMENT AND WAIVER AND AGREE TO THE
TERMS SET FORTH BELOW.
Though you still need to read the entire document, some of the
key points of this Agreement and Waiver are highlighted here:
- The activity for which you are registering (the “Event”) may be
physically challenging and may pose a risk of discomfort, illness, injury, and
even death. You need to be satisfied that you are physically capable of doing
the Event without undue risk to your health or your life. We do not conduct
health or fitness checks on entrants.
- The Event may involve inherent risks and dangers to participants
and observers and, accordingly, you participate or observe at your own risk.
- Where you have registered or entered on behalf of anyone under
the age of 18 or have accompanied anyone under the age of 18 to observe the
Event, you also agree to the contents of this Agreement and Waiver on behalf of
the person under 18.
In consideration of being permitted to register and/or
participate in and/or observe the Event, on behalf of yourself and any personal
representatives, assigns, heirs, executors, successors, next of kin, and
persons supported by you (if relevant under the applicable laws), you
understand that:
1. Authority to Register and/or to Act as Agent. You represent
and warrant to ChronoTrack (“CHRONOTRACK”) that you have full legal authority
and capacity to complete the registration for the Event, including this
Agreement and Waiver, on behalf of yourself and/or, where applicable, 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) “CHRONOTRACK” means
and includes ChronoTrack, its partners, licensors, and any and all subsidiaries,
affiliated entities, or entities that control, are controlled by, or are under
common control with CHRONOTRACK 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 and capacity to enter into
this Agreement and Waiver on his/her 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 CHRONOTRACK 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 CHRONOTRACK, you agree, immediately upon request or demand by CHRONOTRACK,
to defend, indemnify, and hold CHRONOTRACK 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 DISCOMFORT, ILLNESS, INJURY, OR ACCIDENT WHICH MAY OCCUR
WHILE YOU ARE PREPARING FOR THE EVENT, 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 MAY BE HAZARDOUS, AND THAT YOU
SHOULD NOT ENTER AND PARTICIPATE UNLESS YOU ARE MEDICALLY ABLE AND PROPERLY
TRAINED. YOU SHOULD CONSULT YOUR DOCTOR BEFORE PARTICIPATING IN THE EVENT. IT
IS YOUR RESPONSIBILITY TO CHECK AND TO ENSURE THAT YOU ARE AT ALL TIMES
MEDICALLY AND PHYSICALLY FIT TO PARTICIPATE IN THE ACTIVITIES RELATED TO THE
EVENT. 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
MAY CARRY WITH IT CERTAIN INHERENT RISKS AND DANGERS THAT CANNOT BE ELIMINATED
COMPLETELY RANGING FROM RISK OF MINOR DISCOMFORT 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 (where such medical expenses are not
provided on a free of charge basis by any medical services organizations,
clinics, or hospitals), 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 CHRONOTRACK 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 applicable 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, in the opinion of CHRONOTRACK or the Event organizer,
endanger the safety of or negatively affect the Event. You understand and agree
that you are responsible for taking care of your own personal belongings during
the Event and, to the maximum extent permitted by law, neither CHRONOTRACK 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/or spectators or the feasibility of the Event to be held. 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. You agree to hold CHRONOTRACK 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, related to any cancellation
or disruption of the Event.
4.
RELEASE AND WAIVER OF LIABILITY. YOU HEREBY WAIVE, RELEASE, COVENANT NOT TO SUE
AND FOREVER DISCHARGE CHRONOTRACK 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.
CHRONOTRACK
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 CHRONOTRACK
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WITHOUT LIMITING THE
FOREGOING, CHRONOTRACK WILL NOT BE RESPONSIBLE FOR (A) THE USE OR THE INABILITY
TO USE THE CHRONOTRACK 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 CHRONOTRACK SITES; (C) YOUR PARTICIPATION IN ANY
PROMOTION OR PROGRAM COORDINATED BY CHRONOTRACK; (D) PERSONAL INJURY; (E)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (F)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE CHRONOTRACK SITES; (G) ANY
OTHER MATTER RELATING TO THE CHRONOTRACK SITES, OR CHRONOTRACK PRODUCTS OR
SERVICES; OR (H) YOUR PARTICIPATION IN THE EVENT. YOU AGREE THAT CHRONOTRACK’S
MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED
THE TOTAL AMOUNT OF MONIES RECEIVED BY CHRONOTRACK FROM YOU.
NOTHING
IN THIS AGREEMENT AND WAIVER SHALL BE CONSTRUED AS LIMITING OR EXCLUDING CHRONOTRACK'S
OR THE EVENT ORGANIZER'S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY
GROSS NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER
MATTER FOR WHICH IT WOULD BE ILLEGAL OR UNLAWFUL TO EXCLUDE OR ATTEMPT TO
EXCLUDE LIABILITY. YOUR STATUTORY RIGHTS AS A CONSUMER ARE NOT AFFECTED BY THIS
AGREEMENT AND WAIVER.
5.
INDEMNITY. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS CHRONOTRACK 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 CHRONOTRACK, (B) YOUR USE OF CHRONOTRACK,
OR (C) ANY VIOLATION BY YOU OF ANY TERMS OF THIS AGREEMENT AND WAIVER AND/OR
THE TERMS OF USE.
6.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF CHRONOTRACK’S
SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS. CHRONOTRACK MAKES NO WARRANTY THAT CHRONOTRACK SITES’
SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE. CHRONOTRACK 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. CHRONOTRACK DOES NOT GUARANTEE THE ACCURACY OR
COMPLETENESS OF ANY INFORMATION ON, OR PROVIDED IN CONNECTION WITH, THE CHRONOTRACK
SITES. CHRONOTRACK IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR THE
RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.
7. Use of Likeness. You hereby irrevocably grant CHRONOTRACK and
the Event organizer 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 CHRONOTRACK and the Event organizer
permission to use your photograph, voice, and likeness taken in conjunction
with the Event, 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 legitimate purpose including, without limitation, any
commercial purpose, without compensation to you. Your further waive any right
of inspection of any such recordings and photographs. You understand that any
such recordings and photographs recorded by CHRONOTRACK and/or the Event
organizer shall become the sole property of CHRONOTRACK and/or the Event
holder, as applicable.
8. 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.
9. ACCEPTANCE. BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND
WAIVER, YOU ARE AFFIRMING THAT YOU HAVE READ 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. IF THE PARTICIPANT IS A MINOR
OR INCAPACITATED ADULT, YOU CERTIFY THAT YOU ARE THE PARTICIPANT'S PARENT OR
GUARDIAN AND AGREE TO THIS WAIVER AND RELEASE FROM LIABILITY ON BEHALF OF THE
PARTICIPANT.
10. Applicable Law; Consent to Jurisdiction; Other
Jurisdiction-Specific Provisions.
Provisions Applicable to Events Held
in the United States of America: Except as
prohibited by law, you agree that any claim, controversy or legal dispute
arising out of or relating to this Agreement and Waiver (hereinafter, a
“Dispute”) will be resolved through binding arbitration. This arbitration
agreement is intended to be broadly interpreted and includes claims,
controversies or disputes arising out of or relating to any aspect of the
relationship between you and ChronoTrack, whether based in contract, tort,
statute, fraud, misrepresentation, or any other legal theory, all of which
shall be considered within the definition of “Dispute.” This Agreement and
Waiver fully incorporates by reference the entire Arbitration Agreement
contained in ChronoTrack’s Terms of Use (including, but not limited to, the
waiver of a right to a jury trial and waiver of class-wide proceedings).