Assumption of Risk, Release of Liability and Publicity Waiver:
I understand that by registering electronically, I accept and agree to the waiver and release agreement presented in the online registration and that this document includes a release of liability and waiver of legal rights that deprive me of the right to sue certain parties. By agreeing electronically, I acknowledge that I have read and understand the release agreement presented to me as part of the online registration process.
I know that running a race, participating in a Polar Plunge, and/or in a fitness challenge is a potentially hazardous and extremely strenuous activity. I should not enter and compete unless I am medically able to do so and properly trained. I assume all risks associated with participation in these events including, but not limited to: 1) falls, contact with other participants, spectators, course personnel or objects, 2) inclement weather, including extreme heat, extreme cold, rain, ice and snow, 3) traffic, course conditions and markings, 4) contact with obstacles, including, but not limited to natural hazards (including, but not limited to uneven terrain, ice, snow, freezing water, loose dirt and sand, rock falls, contact with poisonous plants and animals and lightning strikes) and man-made, water, road and surface hazards, 5) inadequate first aid and/or emergency measures. I am aware that volunteer personnel who may be called upon to provide assistance may provide medical support and race support for this event, but understand that volunteers and race personnel may misjudge my abilities, conditioning, or misjudge weather, terrain and course conditions or some aspect of my mental, emotional or physical condition that may make a certain portion of this activity appropriate or inappropriate for me. I authorize any such volunteer personnel to assist me or to perform such assistance as in the opinion of such person may be appropriate. I understand that Green Events LLC, Green Events Inc, City of Fort Collins, Larimer County, State of Colorado, the race directors, volunteers or anyone else involved with this event assumes no responsibility or liability with respect to my participation in this event. I agree, however, to abide by any decision of any race official relative to my ability to safely complete the race or participate in the event. I hereby grant permission to Green Events LLC, Green Events Inc., and its sponsors to use any photographs, motion pictures, recordings or any record of this event for legitimate purposes. I agree to abide by the rules of this event as stated in all official race information. For the safety and consideration of other participants, please follow these guidelines: Yield to faster runners and walkers; No roller blades, in-line skates, scooters, bikes or skateboards on the course; Please don’t wear headsets or ear buds. Having read this waiver and knowing these facts and in consideration of your accepting my entry, I, myself and anyone entitled to action on my behalf do hereby release and discharge Green Events LLC, Green Events Inc., City of Fort Collins, Larimer County, State of Colorado, all event coordinators, volunteers, all sponsors, representatives (including event volunteers), and employees of any of them, from any and all claims or liability of any kind arising out of my participation in this event, even though that liability may arise out of negligence or carelessness on the part of persons or entities named in this waiver.
I understand that there are NO REFUNDS of event registration fees. I further understand and agree that there will be no refund under any circumstances, including but not limited to injury, a scheduling conflict, Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), health pandemic, and/or event cancellation.
UNDERSIGNED HAS CAREFULLY READ THIS WAIVER, UNDERSTANDS ITS CONTENTS AND SIGNS IT WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.
If under 18, a parent or legal guardian signature is required. The undersigned parent or legal guardian acknowledges that he/she is signing this Waiver on behalf of a Minor and that Minor shall be bound by all the terms of this Waiver. If, despite this Agreement, I, or anyone on the Minor's behalf, makes a claim for liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liabilities which may be incurred as the result of such claim.
WAIVER: I, the undersigned participant (and my parent or guardian if I am younger than 18 years of age), intending to be legally bound, do hereby forever release and waive any and all rights, claims, and actions for damages that we, our heirs, executors, administrators, and assigns may have, or that may hereafter accrue against any and all persons, organizations, and other entities associated with the event, including, but not limited to Race Entry, Green Events, sponsors, affiliates, volunteers, Polar 5k & Polar Bear Plunge, and individual Polar 5k & Polar Bear Plunge organizers, arising out of or in connection with my involvement before, during, or after the event.
I verify that I am physically fit and sufficiently trained to participate in this event and I assume the risks involved in this activity. I further attest that I will be mindful of traffic along the race course, and hold said sponsors and organizers blameless in any harm that may happen.
I also acknowledge understanding that the charge to my card will show up as Race Entry. I acknowledge that the online processing fees and charitable donations are non-refundable. I also acknowledge that any charitable donations will have 4.97% withheld from the donation to pay credit card and administrative costs.
Race Entry and its partner Green Events shall not be liable to you for any direct, indirect, special, incidental, consequential or exemplary damages including, but not limited to, loss of profits, goodwill, use, data or other intangible loses. Race Entry and its partner Green Events does not guarantee the completeness or accuracy of any information contained in, or provided in conjunction with the http://www.raceentry.com website. Race Entry and its partner Green Events is not responsible for any omissions or inaccuracies, or for the results obtained from this information.
Race Entry and its partner Green Events facilitates registration for various events, some of which allow participants under the age of thirteen (13). We require a submission of birth date for all registration entries. For children under the age of thirteen (13), parental or guardian consent is required.
You agree that the statutes and laws of the State of Utah, USA, will apply to all matters relating to this Agreement and Waiver. You irrevocably consent that exclusive jurisdiction for any dispute with Race Entry and its partner Green Events relating to this Agreement and Waiver resides in the courts of Utah, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Utah in conjunction with any such dispute including any claim involving Race Entry and its partner Green Events.