READ CAREFULLY – THIS AFFECTS YOUR LEGAL RIGHTS
As a condition of my participation in the Red Rock Events, LLC – Intermountain Cup Mountain Bike Racing Series (the ”Event”) as a participant, volunteer or otherwise, I hereby covenant not to sue, and agree to release from liability, the Event, together with its founders, owners, officers, directors, managers, agents and employees, licensees, and partners including but not limited to (a) Red Rock Events, LLC and their respective investors, officers, directors, managers, members, agents and employees; (b) Event trainers, pros and volunteers; and (c) any and all other sponsors, suppliers, agents, independent contractors and other personnel in any way assisting or associated with this Event (collectively ”Releasees”). This Release and Waiver (this ”Release”) is a contract with legal and binding consequences and it applies to all activities relating to the Event, whether located at the hotel, on the course, transporting or other event-related venues. I have read this Release carefully before signing, and I understand what it means and what I am agreeing to by signing.
In consideration of the acceptance of my application to participate or volunteer in this Event by one or more Releasees, I hereby freely agree to and make the following additional contractual representations and agreements:
1) I know that this Event, which may take place both in daylight and at night, is held on open roads and trails and by its very nature is a potentially hazardous activity. I voluntarily assume full and complete responsibility for all risks associated with participating in the Event and for any injury or accident that may occur during my participation in this Event, including by way of example and not limitation: (a) illness; (b) traveling to and from the event; (c) falls; (d) collisions with pedestrians, other riders, vehicles, other participants, and fixed or moving objects; (e) the effects of weather, including temperature extremes and humidity; (f) traffic accidents; (g) the negligence of myself and/or others, including Releasees; (h) animal attacks; and (i) road conditions, including darkness and surface conditions such as potholes, rocks, trees, and other potentially hazardous obstacles.
2) As a condition of my participation, I agree to abide by all trail, traffic, and pedestrian laws and regulations and to follow any and all of Releasees' safety instructions, including all rules and conditions set forth during registration and training. I understand that my failure to do so may result in serious injury or death and may be grounds for my removal from this Event.
3) I acknowledge that I should not enter and participate in this Event unless I am medically able and properly trained. I agree to abide by any decision of a race official relative to my ability to safely complete this race and I further agree that race officials may authorize necessary emergency treatment for me
4) Having read this Release and knowing and assuming these risks, and in consideration of the acceptance of my participation, I hereby for myself, my heirs, my executors, administrators or anyone else who might claim on their own behalf or my behalf (collectively my ”Successors”), covenant not to sue, and FOREVER WAIVE, RELEASE, DISCHARGE, and HOLD HARMLESS Releasees from any and all claims or liability of any kind or nature whatsoever arising out of or related to my participation in this Event, even though such liability may arise out of negligence or carelessness on the part of Releasees.
5) In exchange for my being permitted to participate in the Event, and understanding there will be no additional compensation to me, I hereby authorize Red Rock Events, LLC, to use my image or likeness for promotional purposes. I understand the registration fees are nonrefundable.
6) I acknowledge and agree, for myself and my Successors, that the above representations are contractually binding, and are not mere recitals, and that should I or my Successors assert a claim contrary to what I have agreed to in this Release, the claiming party shall be liable for the expenses (including legal fees) incurred by the Releasees in defending such claim. This Release may not be modified orally, and a waiver or modification of any provision shall not be construed as a waiver or modification of any other provision herein or as consent to any subsequent waiver or modification. I consent to the release by any third party to Releasees and their insurance carriers of my name and medical information that may relate to any injury or death I may suffer arising from my participation in the Event. Every term and provision of this Release is intended to be severable. If any one or more of them is found to be unenforceable or invalid, that shall not affect the other terms and provisions, which shall remain binding and enforceable.
7) I acknowledge and agree that there are no refunds if the race is cancelled or delayed due to causes beyond Releasees' control, including but not limited to, acts of God, war, strikes or labor disputes, fires, riots, terrorism, vandalism, accident, government orders, certain severe weather conditions such as severe heat, electrical storm, snowfall, tornadoes, earthquakes, hurricanes, flooding, fog, severe weather conditions where significant damage or alterations to the race course occur, or any other force majeure event.
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, Red Rock Events, sponsors, affiliates, volunteers, Brian Head Odyssey, and individual Brian Head Odyssey 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 Red Rock 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 Red Rock 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 Red Rock Events is not responsible for any omissions or inaccuracies, or for the results obtained from this information.
Race Entry and its partner Red Rock 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 Red Rock 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 Red Rock Events.