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VIRTUAL RUNNING CLUB, LLC

WAIVER AND RELEASE

ALL COMPETITORS MUST EXECUTE THE FOLLOWING WAIVER AND RELEASE OF LIABILITY AND NAME AND LIKENESS RELEASE

Name and Likeness Release

As a condition of my being permitted to compete in the chosen event(s) (the “Event”), and in consideration of the opportunity to win prizes, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I hereby grant permission to Virtual Running Club, a Utah Limited Liability Company, and any subsidiaries and/or affiliates, successors and assigns, and any or all of its/their agents, officers or employees acting under their permission or upon their authority (collectively “VRC”) to utilize my appearance, name, voice and likeness in connection with the Event, publicity for the Event and future editions of the Event and in connection with the promotion of the Event in any and all manner and media throughout the world in perpetuity. I hereby waive any right that I may have to inspect or approve any finished product or any advertising copy that may be used in connection therewith or the use to which it is applied. I hereby warrant that I have the right to make this release and that my granting this release and the rights conveyed thereby will not infringe the rights of any third party. I hereby assign all right, title and interest I may have in any and all media in which any or all of my appearance, name, voice or likeness has been captured in connection with the above to VRC, along with full rights of assignability.

Physical Condition

I am physically able and fit to participate in any activities of the Event, in which I have chosen to participate, and have not been advised otherwise by a medical practitioner.

Equipment and Facilities Inspection

I agree that before I participate in any activity, I will inspect my facilities and my own equipment. I acknowledge that there is no supervisor of the activity and I will not participate in the Event if there is any unsafe condition that I observe.

Assumption of Risk

I understand that I, and each participant in the Event, will be engaging in activities that involve the risk of serious personal injury, illness, permanent disability, dismemberment and death, and that also involve the risk of severe economic and property loss and damage.

I understand that these risks may result from the actions, negligence and failure to act of myself and others (including but not limited to other participants in, and the sponsors, organizers and volunteers of the Event) and from the rules of play, the challenges of the Event and the condition of any property, facilities or equipment that I choose to use. I also understand that there may be risks involved which are not known to me or to VRC, sponsors, organizers and volunteers, and may not be foreseen or reasonably foreseeable by any of us at this time or at the time of the activities in which I may participate.

I assume all of the foregoing risks including the risk of any negligence by other participants or by VRC, the organizers, sponsors or volunteers (if any) of the Event and their respective owners, directors, officers, employees or agents, and the risk of injury caused by the condition of any property, facilities or equipment I choose to use during the Event, and accept personal responsibility for any injury (including, but not limited to, personal injury, disability, dismemberment and death), illness, damage, loss, claim, liability or expense, of any kind or nature, that I or my property may suffer arising out of or in connection with the Event or my participation therein.

I further acknowledge that I have had an opportunity, prior to the beginning of the Event and any related training, practice or instruction, to visually inspect the course I choose to use during the Event, and the related facilities and adjacent areas. I further acknowledge that certain sections of the course on which I choose for the Event may traverse public roads and rights of way. Neither VRC, nor Event volunteers will be stationed at such crossing points to alert me to the presence of oncoming vehicles. I expressly acknowledge that I am solely responsible to inspect such crossing points for the presence of oncoming vehicle traffic. I UNDERSTAND THAT RUNNING, TRAINING, PRACTICE, AND COMPETING IN THE EVENT HAVE INHERENT DANGERS AND RISKS FOR ALL PARTICIPANTS. I HEREBY ACCEPT AND ASSUME THE RISK OF ALL COURSE CONDITIONS AS THEY EXIST AND AS THEY MAY CHANGE DURING THE COMPETITION, PRACTICE, AND TRAINING. I HEREBY KNOWINGLY AND INTENTIONALLY RELEASE VRC, its owners, directors, employees, officers, agents, organizers, sponsors, and volunteers from all claims, actions, suits, expenses, (including reasonable attorney’s fees), liabilities, and ordinary negligence arising directly or indirectly out of the Event, or any equipment or instruction provided to me by VRC in connection therewith, including without limitation, any and all known and unknown, foreseen and unforeseen, bodily and personal injuries, paralysis, death and property damage.

I understand that there are significant, unavoidable and inherent dangers and risks involved the Event. I ACKNOWLEDGE THAT THESE DANGERS AND RISKS INCLUDE, WITHOUT LIMITATION:

  • (1) Risks arising from and associated with competition, including the presence of vehicle traffic on the Event course.
  • (2) risks of fatigue resulting from a physically demanding course.
  • (3) risks due to high altitude.
  • (4) risks arising from changing weather, temperatures, and potential snow conditions.
  • (5) poor or changing visibility.
  • (6) risks arising from other Event competitors.

I AM AWARE AND ACKNOWLEDGE THAT TRAINING AND PRACTICE FOR AND COMPETING IN THE EVENT HAVE INHERENT RISKS FOR ANY PARTICIPANT. I AM VOLUNTARILY COMPETING IN THE EVENT, AND ANY TRAINING AND PRACTICE THEREFORE, WITH FULL KNOWLEDGE OF THE DANGERS AND RISKS INVOLVED AND HEREBY AGREE TO ACCEPT ANY AND ALL RISKS OF INJURY, PARALYSIS OR DEATH THAT MAY RESULT.

Medical Treatment

In connection with any injury I may sustain or illness or other medical conditions I may experience during my participation in or attendance at the Event, I understand that VRC will not be present to provide or call upon any emergency first aid, medication, medical treatment or surgery.

Severability of Provisions

I agree that the foregoing agreements are intended to be as broad and inclusive as is permitted by applicable law. Any provisions herein found by a court to be void or unenforceable shall not affect the validity or enforceability of any other provisions.

Jurisdiction and Venue

In consideration of allowing me to participate in the Event, I agree that any and all claims for injury and/or death regarding an alleged incident shall be governed by Utah law and exclusive jurisdiction shall be in the federal district or Utah state courts residing nearest to Salt Lake City, Utah. This release shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforceable. This release contains the entire, integrated agreement and understanding between and among me and the released parties, and that no party is relying on any representation, statement, or understanding except as set forth herein.

I HAVE READ AND HAVE UNDERSTOOD THIS RELEASE OF LIABILITY AND NAME AND LIKENESS RELEASE. I UNDERSTAND THAT BY SIGNING THIS RELEASE, I HAVE GIVEN UP SUBSTANTIAL RIGHTS. I HAVE VOLUNTARILY SIGNED THIS RELEASE.

If under 18 years of age, a parent or guardian must agree to the the Indemnification contained here.

Indemnification

In consideration for the above minor being permitted by VRC to participate in the Event, I agree to the following waiver, release and indemnification:

The undersigned parent or guardian of the above minor, for themselves and on behalf of said minor, hereby joins in and agrees to the provisions of the foregoing Waiver, and Release Agreement and hereby stipulates and agrees to save harmless, indemnify, and forever defend Virtual Running Club, LLC., a Utah Limited Liability Company, its owners, agents, officers, and employees, from and against any claims, actions, demands, expenses, liabilities (including reasonable attorneys’ fees) and ordinary negligence made or brought by said minor or by anyone on behalf of said minor, as a result of said minor’s participation in the Event including, without limitation, his or her use of the Event properties and facilities.