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 AND UNDERSTAND 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.

 

EVENT WAIVER OF LIABILITY:

In consideration of being permitted to participate in the Event, of my own free will and to the fullest extent permitted by law, I, for myself, my heirs, assigns, executors, administrators and personal representatives, hereby forever waive, release and give up all claims, demands, liability, damages, costs, and expenses of any kind whatsoever and I agree not to sue The Association for Creatine Deficiencies (“ACD”), its directors, officers, employees or members, or any sponsor, organizer, volunteer, volunteer organization, contractor, subcontractor or administrator of ACD events or of any of the foregoing (collectively, the “ACD Releasees”) with respect to any claim that may arise in connection with the Event or any related activity or my participation therein, including any and all claims of personal injury, wrongful death or property damage, EVEN IF CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, OMISSION OR OTHER FAULT OF THE ACD RELEASEES.

 

I agree to indemnify, defend and hold harmless the ACD Releasees from all claims, demands, liability, damages, costs, and expenses of any kind whatsoever that I incur in connection with, or as a result of, my participation in the Event or related activities, EVEN IF CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, OMISSION OR OTHER FAULT OF THE ACD RELEASEES.

 

I attest that I am physically fit and sufficiently trained to participate in the Event. I understand that physical events are dangerous activities and that no warranty is made concerning their safety or that of the locales where they are run.

 

I hereby voluntarily and freely acknowledge, accept, understand and assume all risk in connection with my participation in the Event and related activities, including traveling to or from the Event, EVEN IF CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, OMISSION OR OTHER FAULT OF THE ACD RELEASEES, by the dangerous or defective condition of any property or equipment owned, maintained, or controlled by them and/or because of their liability without fault. I fully understand I am forever giving up, in advance, any right to sue or make any claim against the ACD Releasees if I suffer such injuries and damages, even though I do not know what or how extensive those injuries and damages might be, and am voluntarily assuming the risk of such injuries and damages.

 

I understand that in all cases, my walk fee is non-refundable. I further understand that the fee is nonrefundable if the event is canceled due to the threat of or acts of God, war, terrorism, disaster, earthquake, government regulation and/or for economic/financial reasons.

 

I hereby consent to the use by ACD and its permitees of my name, photograph, and likeness in connection with my participation in the Event and related activities.

 

In the event that I am injured during the Event or related activities, I give permission for activity participants and designated medical and emergency service providers to administer first aid and to seek medical assistance as deemed necessary in their sole discretion. I intend that the releases, waivers, assumptions of risk and covenant not to sue contained in this Agreement and Waiver shall fully apply to any claim whatsoever on account of first aid treatment or service rendered to me during my participation in the Event or related activities, EVEN IF CAUSED BY NEGLIGENCE, OMISSION OR OTHER FAULT OF SUCH RELEASEES.

 

In addition, if I am registering one or more third parties, I represent and warrant that I have been duly authorized to act as agent on behalf of such parties in performing this event registration. If I am a minor then the parent/guardian registering for the Event on my behalf  gives permission to activity participants and designated medical and emergency service providers to provide me with first aid or to seek medical assistance during the event as deemed necessary in their sole discretion.  Such parent/guardian also agrees to all of the terms of this Agreement and Waiver on my behalf.

 

GENERAL:

 

IT IS THE INTENTION OF THIS AGREEMENT AND WAIVER TO EXEMPT AND RELIEVE FROM LIABILITY AND BAR ANY RIGHT TO SUE THE ACD RELEASEES FOR INJURY AND DAMAGES. I expressly agree that this Agreement and Waiver is intended to be as broad and inclusive as permitted by the laws of the State of California, and that, if any portion of this Agreement and Waiver is held invalid, it is agreed that the balance shall continue in full legal force and effect.

 

I agree that all disputes and matters concerning this Agreement and Waiver, its interpretation, performance or breach, shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principals, and shall be litigated in and before the state or United States District Court located in the City of [San Diego], California. to the exclusion of the courts of any other State or Country.  In any such litigation, the fees, costs and expenses of the prevailing party, including all attorneys’ fees, shall be paid by the other party.

 

Prior to registering for the Event, I was given a reasonable opportunity to read this Agreement and Waiver, and had sufficient time to consider the terms of this Agreement and Waiver, its implications, and the advice (if any) given to me in respect of it. This Agreement and Waiver shall bind my heirs, assigns, executors, administrators and personal representatives.

 

CANCELLATION POLICY AND EVENT CHANGE REQUESTS:

ACD adheres to the standard race industry policies. All entry fees are non-refundable. This is noted on our registration application, and when you register for any of our events you must agree to this policy.

 

In the event you need to defer your registration to the 2017 walk, you must email your request including your name, email address, phone number, and address to heidi@creatineinfo.org. Deferrals are also subject to a $5.95 fee paid at the time of change.

 

Deferrals for this year’s Event will NOT be completed if submission is not received before May 27th, 2017, no exceptions. This policy stays in effect whether you are injured, have an unexpected business or family emergency, pregnancy, etc. There are NO exceptions. Any inquiry passed the deadline regarding this policy will be directed back to this page.

 

Any and all event changes will incur a $5.95 processing fee.