PARTICIPATION AND REGISTRATION AGREEMENT FOR EVENTS
This agreement will affect your legal rights. You must read and sign this agreement as well as provide all information requested below in order to participate in the Event.
In consideration for my being permitted to attend and/or participate in the (the "Event"), I have read and I agree to the terms and conditions set forth below ("Agreement").
I. ASSUMPTIONS OF RISKS AND DANGERS OF THE EVENT
I acknowledge that the Event involves the operation of motorized vehicles, extreme sporting activities and activities involving physical endurance and strength. I realize that, as a result, I may be engaging in activities that involve risk of serious injury, including permanent disability, paralysis and death, property damage and other losses which might result not only from my own action, inaction or negligence, but the action, inaction or negligence of others, the circumstances of the Event and other occurrences. By way of example only, and without limitation, these dangers may include the following:
A. Dangerous and hazardous road conditions;
B. Dangers of general road and off-road driving;
C. Dangerous, negligent or intentional conduct, including my own conduct or the conduct of others;
D. Weather conditions, including extreme weather or rapidly changing weather, wind, lightning, other natural phenomena and hazards arising from the consequences of such weather conditions;
E. Vehicle or equipment failure;
F. Inadequate safety equipment;
G. Risks associated with other vehicles, facilities or structures used in the Event, or which are located near or constitute part of the Event course, and the potential for collision with such structures or vehicles;
H. Dangers in traveling cross-country and on mountainous, narrow, or windy roads and trails;
I. Dangers of high altitude sickness;
J. Potential for collision with pedestrians, vehicles, other participants and fixed or moving objects;
K. Travel to and from the Event and the Event facilities;
L. Theft of personal property or belongings.
I FULLY UNDERSTAND AND ACKNOWLEDGE THAT THESE AND OTHER RISKS MAY EXIST IF I PARTICIPATE IN THE EVENT. I ACCEPT SOLE AND ABSOLUTE PERSONAL RESPONSIBILITY FOR EACH OF THEM, AND FOR ANY RESULTING INJURY, DEATH, PROPERTY DAMAGE OR LOSS AS A RESULT OF SUCH RISKS, OR MY PARTICIPATION, AND I AGREE THAT THE PROMOTERS ARE NOT LIABLE OR RESPONSIBLE FOR TO ME OR ANY OTHER PARTY FOR ANY LOSSES OR DAMAGE CAUSED BY SUCH OCCURRENCES.
II. WAIVER AND RELEASE OF LIABILITY.
I acknowledge that no amount of care, caution, instruction or expertise can eliminate the risks and dangers of participating in the Event. I therefore voluntarily agree to and do hereby waive and release any or all claims, and all of my right to assert legal demands, including claims for damages, injuries, death, costs, fees and other losses, that I now have or may at any time have in the future against the event organizers (paid or not) and any and all of its past, current or future members, officers, directors, employees, volunteers, organizers, agents, sponsors, officials, attorneys or other representatives (the "Promoters"), that arise from or relate in any way to the Event, my participation in the Event or the acts or omissions of others involved in the Event. I understand and agree that this includes claims that do not exist now but arise in the future, claims based on occurrences taking place in the future, and claims that relate to occurrences that took place despite reasonable efforts of the Promoters and even though I have adhered to the Code of Conduct.
I UNDERSTAND THAT BY AGREEING TO THESE PROVISIONS, I AM GIVING UP CERTAIN LEGAL RIGHTS THAT MIGHT EXIST IF I DID NOT SIGN THIS DOCUMENT.
I, the undersigned, for myself, my heirs, assignees, executors, successors, agents, attorneys and representatives and all others who may claim through me, do hereby acknowledge and agree that: Arizona Raptor Runs llc (AZRR), VOLUNTEER, PARTICIPANT, Event Partners, their officers and employees (whether paid or unpaid), and any co-sponsor of this activity (as well as employees and representatives of the co-sponsor), collectively referred to as “Arizona Raptor Runs (AZRR), VOLUNTEER, PARTICIPANT, Event Partners,” shall be discharged fully, finally and forever from any responsibility, alleged or real, relating to any injury which may be suffered by the participant while traveling to, during, or returning from the activity designated by this notice. The sponsoring agency has no medical insurance for individuals, and any injury to, or caused by, the participant will be the participant’s sole and exclusive responsibility. Participant, or his/her guardian if actual participant is under 18, shall be solely and exclusively responsible for any property damage, personal or private, which the individual may cause during the course of an activity such as designated in this notice. Participant assumes all liabilities of any and all passengers in their care while operating a vehicle to, on, or after the event. Additionally, the participant, or parent or guardian if actual participant is under 18, acknowledges that Arizona Raptor Runs llc (AZRR) , VOLUNTEER, PARTICIPANT, Event Partners reserves the right to photograph facilities, activities and program participants for potential future use for publicity or promotion purposes without compensation now or in the future.
III. CODE OF CONDUCT AND ASSURANCES.
I agree that the Promoters have taken significant efforts to develop a Code of Conduct ("Code") for Event, which listed in this Agreement, in order to ensure that the Event is properly conducted. I have fully read and understand each of the provisions of the Code, and I agree that at all times I will follow each and every requirement of the Code. If I am unable or unwilling to follow the Code I agree not to sign this Agreement or participate in the Event. I agree that the Promoters may, at any time, with or without notice, in their sole discretion, disqualify me from the Event and take any other steps deemed necessary, including preventing me from attending or observing the Event or having contact with other Event participants or the Promoters, should I violate any provision of the Code, breach any term of this Agreement or otherwise take any actions that the Promoters deem to be illegal, dangerous, or a threat to the health or safety of anyone.
IV. INDEMNIFICATION AND DAMAGES.
I agree to indemnify, defend and hold the Promoters harmless from any and all claims, demands, damages, judgment, costs (including attorney's fees) or other matters asserted by a third party relating to or arising from my failure to adhere to the Code or any other act of negligence or willful conduct on my part.
I AGREE THAT, SHOULD I HAVE ANY LEGAL CLAIM FOR DAMAGES THAT IS NOT RELEASED BY THIS AGREEMENT, THE PROMOTER'S MAXIMUM FINANCIAL LIABILITY TO ME ARISING FROM SUCH CLAIM WILL BE EQUAL TO THE ENTRY FEE I HAVE PAID TO BE A PARTICIPANT IN THE EVENT. THE FOREGOING SENTENCE SETS FORTH MY SOLE LEGAL REMEDY AGAINST THE PROMOTER IN CONNECTION WITH THIS EVENT. I ALSO AGREE THAT ANY CLAIM FROM MY ACTIONS, ACCIDENTAL OR NOT, AGAINST THE EVENT ORGANIZERS, PAID OR NOT, SHALL BE MY RESPONSIVITY TO COVER ANY AND ALL LEGAL FEES AND DAMAGES FROM THE CLAIMS MADE AGAINST THE PROMOTER.
V. USE OF NAME AND LIKENESS.
I agree to permit the Promoter, without paying me any fee or royalty of any kind, now or at any time in the future, to use my image, name, likeness, voice, photographs, life story, or any video, graphic or film footage of my vehicle, for any and all purposes related to the Event, including publicity, advertising and endorsements both before and after the Event. I do hereby relinquish any and all rights to any of such content, including any video, graphic, photographic, painted or other depictions of myself or my vehicle or other events or occurrences taking place in connection with the Event. I release the Promoter and its assigns from and against all liability and/or claims which I may have for invasion of privacy, defamation or any other cause of action arising out of production, distribution, broadcast or exhibition of such content. All of such content shall remain the property of the Promoter.
VI. INTELLECTUAL PROPERTY RIGHTS.
I understand and agree that all copyrights, trademark rights, patent rights, trade secret rights and other intellectual property rights of any kind arising in connection with the Event shall be the sole and exclusive property of the Promoter and I voluntarily waive any and all claims to such rights. This includes, without limitation, all rights in the trademarks THE together with the goodwill associated with such trademarks, all rights in any artwork, videos, new footage, text or other literary, musical or graphic content used or arising in connection with the Event, all rights to publicity, merchandise and information surrounding the Event, all rights to sell sponsorships to third parties with respect to the Event, all rights to any subsequent portrayals, dramatizations, performances, stories or other depictions of the Event, and all rights to any royalties, revenues, income or other benefits that may be received from the exploitation of such rights.
VII. FEES AND COSTS.
I agree to pay the fees and costs as set forth on the attached Fee Schedule as listed below and on the ArizonaRaptorRuns.com website.
VIII. GENERAL PROVISIONS.
A. In entering into this Agreement, I am not relying on any oral, written or visual assurances from the Promoter, or any material available in any format whatsoever, including without limitation, the Event registration form or the Promoter's internet website, to induce me to participate in the Event.
B. I understand that this Agreement will survive and be enforceable even if I am disqualified from the Event and will remain enforceable following the termination and/or conclusion of the Event.
C. This Agreement shall be governed by the laws of the State of Arizona, without regard to the conflicts of law provisions of the State of Arizona. I agree to submit to the jurisdiction of the courts of the State of Arizona in connection with any dispute arising under this Agreement. If such legal action is required to enforce or interpret this Agreement, the prevailing party shall, in addition to other remedies, be entitled to recover all costs and fees, including attorney's fees, incurred in such action.
D. If any one or more terms of this Agreement are found to be unenforceable or invalid by a court of competent jurisdiction, such invalidity shall not affect the remainder of this Agreement and the affected provision shall be enforced to the maximum extent permissible.
E. If weather or other circumstances affect the commencement or continuation of the Event, the Promoter may elect to postpone and/or cancel the Event. If postponement and/or cancellation should occur, the Promoter may elect to reschedule the Event on another date or cancel the Event entirely. There will be no refund of entry fees if the Event is cancelled.
F. I confirm that I am at least 21 years of age and that I have read and understand this Agreement. I agree that the provisions of this Agreement shall be binding upon my heirs, executors, administrators, legal representatives, successors and assigns.
G. I agree that I have been provided with access to all information necessary for me to make an informed and voluntary decision to sign this Agreement, and that I have obtained, or elected not to obtain, all necessary medical, legal, financial and other professional advice regarding the provisions of this Agreement and my participation in the Event.
THE FEE SCHEDULE
This fee shall cover the entry of 1 vehicle and passengers it can legally carry “participants”. Early entries need to be secured one week before the event date. The fee covers the costs of all decals, transaction fees, insurance certifications for venues and shipping costs. The entry fee does not include personal acquisitions, gas, road tolls, telephone bills or other expenses incurred while staying in a hotel, fines of any sort, or damage caused at any venue visited.
THE CODE OF CONDUCT
A. I hereby state that I have no medical, mental, physical or health condition, which would hinder or prevent my participation in the Event and Event-related activities. I declare I possess the standard of competence necessary and am physically fit to participate in the Event, and that the vehicle entered is mechanically or otherwise suitable for use in the Event.
B. Only 2 participants may be designated as the drivers of the vehicle. The driver must be at least 21 years of age, with valid proof of identification, a valid driving license and a passport. Exceptions may be made to permit additional participants in a vehicle upon written consent of the Promoters.
C. I will at all times possess and provide the Promoter with evidence of insurance coverage for the Event. Such evidence shall include a copy of an automobile insurance policy which provides adequate amounts of insurance for both collision and personal liability, and a copy of an insurance policy covering my personal property.
D. I agree that the Promoter may place a logo and sponsor stickers to my vehicle for the entire duration of the Event.
E. I may not engage in or permit personal sponsorship for myself or my vehicle, or the use of my vehicle for sponsorship by others, without the prior written consent of the Promoter. The Promoter reserves the right to refuse authorized sponsored vehicles and/or participant’s entry into the Event.
F. I understand and agree that THIS EVENT IS NOT A RACE. I must not compete with other drivers in any manner, and I will not place or encourage bets of any kind in connection with the Event. I must operate my vehicle in a safe manner and with proper courtesy to other participants and the public. I understand that ANYONE caught racing or violating any other motor vehicle or traffic laws during this Event can be immediately disqualified from further participation in the Event and will not be entitled to any refund of entry fees or other payments.
G. I must comply with all applicable laws and regulations throughout the course of the Event, including, without limitation, all laws of the road, laws relating to the fitness of my vehicle and laws relating to possession and importation of prohibited and/or illegal substances, illegal immigrants, goods and weapons. If I am refused passage and/or entry/exit to or from any state or municipality encountered en route, all additional costs incurred are my sole responsibility.
H. I must conduct myself appropriately at all times while the Event is ongoing, bearing in mind the rules of hotels, restaurants, public areas and other venues. Failure to comply with such rules can result in disqualification and removal from the Event.
I. I must not consume alcohol while driving or before any day of driving. I must not consume any illegal substance at any time. If I am taking any prescription for medication, I must disclose this information to the Promoter and provide written evidence from my health-care provider that such medication will not adversely affect the operation of my vehicle or my ability to participate in the Event.
J. I agree to be solely responsible for any legal expenses that I incur, or that are incurred on my behalf, in connection my participation in the Event or any fines, penalties, bail, incarceration or other discipline arising from my participation in the Event.
K. I grant permission for the performance of any emergency medical treatment that may be required in the event of an accident in which I am rendered unconscious or unable to approve the required medical treatment. If I become the victim of an accident I will hold the Promoter, its officers, directors, employees and agents harmless from any liability or negligent actions that may arise in relation to any search and rescue, stabilization, evacuation, transportation and emergency care I receive while aid resources are sought or rendered.
L. I agree that I am fully responsible for all costs and expenses that may be incurred in providing special services to me or for my benefit including payment for costs of rescue, special travel, medical attention or other special outlay for me personally and to reimburse the Promoter for all costs of those services.
M. I agree to follow any and all other instructions or requirements that the Promoters may impose based on other circumstances surrounding the Event, and to cooperate at all times in the Promoter's efforts to hold and manage the Event.
N. I will attend all briefings, meetings, conferences and other events or activities required as a condition of participating in The Event.
The is not a race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration or for the purpose of making a speed record. Participants must not compete with other drivers in any manner, apart from on designated racetracks. In particular, Participants must not race with other drivers. Participants must not place any bets of any kind in relation to the event. Participants must drive safely and with proper courtesy to all other participants and members of the public. Participants must comply with all applicable laws and regulations whilst in the country visited. Including without limit, appropriate laws of the road, the laws relating to the road worthiness of your vehicle and the laws relating to the possession, or importation of prohibited substances, illegal immigrants, goods or offensive weapons of any kind. Please note that ANYONE caught racing on the public roads will be excluded from further participation in the event immediately and will be banned from any future events. No refunds will be made, and all privileges will be withdrawn.
By registering for the event, you agree to these terms and will be required to sign again day of the "event"
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