CBHA Run for a Cause: 5K Color Run
PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY, AS IT AFFECTS YOUR FUTURE LEGAL RIGHTS. BY PROCEEDING WITH REGISTERING FOR THE EVENT, YOU ACKNOWLEDGE AND AGREE TO THE TERMS SET FORTH BELOW.
In consideration of being permitted to register and/or participate in,
including without limitation by observing, the activities for which you
are registering (the “Event”), on behalf of yourself and any
personal representatives, assigns, heirs, executors, successors and next
of kin, you understand, agree, warrant and covenant as follows: 1.Authority
to Register and/or to Act as Agent. You represent and warrant that you
have full legal authority to complete the registration for the Event,
including this Agreement and Waiver, on behalf of yourself and/or 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) “CBHA" means and includes Columbia Basin Health Association,
its partners, licensors, and any and all subsidiaries, affiliated entities,
or entities that control, are controlled by, or are under common control
with CBHA 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 to enter into this Agreement and Waiver on their 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 CBHA 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 CBHA you agree, immediately upon
request or demand by CBHA to defend, indemnify and hold CBHA 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 INJURY OR ACCIDENT WHICH MAY OCCUR 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 IS HAZARDOUS, AND
THAT YOU SHOULD NOT ENTER AND PARTICIPATE UNLESS YOU ARE MEDICALLY ABLE
AND PROPERLY TRAINED. 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 CARRIES WITH IT CERTAIN INHERENT RISKS
AND DANGERS THAT CANNOT BE ELIMINATED COMPLETELY RANGING FROM RISK OF
MINOR INJURIES 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, 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 CBHA 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 local, state and federal civil and criminal 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
endanger the safety of or negatively affect the Event. You understand
and agree that neither CBHA 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 spectators.
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.4.Use of Likeness. You hereby grant CBHA and the holder
of the Event 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 CBHA and the holder of the Event full unrestricted rights
to the use of your photograph, voice, and likeness 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 purpose including
without limitation any commercial purpose.5.RELEASE AND WAIVER OF LIABILITY.
YOU HEREBY WAIVE, RELEASE, COVENANT NOT TO SUE AND FOREVER DISCHARGE CBHA
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. CBHA 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 CBHA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE CBHA 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
CBHA SITES; (C) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED
BY CBHA; (D) PERSONAL INJURY NOT CAUSED BY CBHA GROSS NEGLIGENCE; (E)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (F)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE CBHA SITES; (G) ANY OTHER
MATTER RELATING TO THE CBHA SITES, OR CBHA PRODUCTS OR SERVICES; OR (H)
YOUR PARTICIPATION IN THE EVENT. YOU AGREE THAT CBHA’S MAXIMUM LIABILITY
TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL
AMOUNT OF MONIES RECEIVED BY CBHA FROM YOU.. 6. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY AGREE THAT USE OF CBHA'S SERVICES IS AT YOUR SOLE RISK.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS. CBHA MAKES NO WARRANTY THAT THE CBHA SITES’ SERVICES WILL
BE UNINTERRUPTED, SECURE OR ERROR FREE. CBHA 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.
CBHA DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION
IN, OR PROVIDED IN CONNECTION WITH, CBHA SITES. CBHA IS NOT RESPONSIBLE
FOR ANY ERRORS OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM THE USE
OF SUCH INFORMATION.8.Applicable Law; Consent to Jurisdiction. You agree
that the statutes and laws of the State of Washington, United States of
America, without regard to the conflict of laws principles thereof, will
apply to all matters relating to this Agreement and Waiver. 9.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 unenforceableprovision that are not
themselves unenforceable) shall not in any way be affected or impairedthereby,
and (b) to the fullest extent possible, the unenforceable provision shall
be deemed modifiedand replaced by a provision that approximates the intent
and economic effect of the unenforceableprovision and the Agreement and
Waiver shall be deemed amended accordingly.BY INDICATING YOUR ACCEPTANCE
OF THIS AGREEMENT AND WAIVER, YOU AREAFFIRMING THAT YOU HAVE READ AND
UNDERSTAND THIS AGREEMENT AND WAIVERAND FULLY UNDERSTAND ITS TERMS. YOU
UNDERSTAND THAT YOU AND ALLREGISTERED PARTIES ARE GIVING UP SUBSTANTIAL
RIGHTS, INCLUDING THE RIGHT TOSUE. YOU ACKNOWLEDGE THAT YOU ARE AGREEING
TO THIS AGREEMENT AND WAIVERFREELY AND VOLUNTARILY, AND INTEND BY YOUR
ACCEPTANCE TO BE A COMPLETEAND UNCONDITIONAL RELEASE OF ALL LIABILITY
TO THE GREATEST EXTENT ALLOWEDBY LAW.
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