The south motors run 8k waiver
By registering and participating in The South Motors Run 8K (“the Event(s)”), which is scheduled to take place Saturday, March 29, 2014, Coral Gables, Florida, you – “the Athlete” – agree to the following:
1. I hereby represent that (i) I am in good health and in proper physical condition to participate in the Event; (ii) I am over the age of eighteen (18) or, if I am under the age of eighteen (18), I have had my parents or legal guardians review these Terms and Conditions; and (ii) I am not, nor will be on the day of the Event(s), under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to understand these Terms and Conditions and to safely participate in the Event. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Event.
2. I understand and acknowledge the physical and mental rigors associated with an 8K (5 miles), run event, and realize that running/walking are inherently dangerous and represent an extreme test of a person’s physical and mental limits. I understand that participation involves risks and dangers which include, without limitation, the potential for serious bodily injury, permanent disability, paralysis and death; loss or damage to property; exposure to extreme conditions and circumstances; accidents, illness, contact or collision with other participants, spectators, vehicles or other natural or manmade objects; dangers arising from adverse weather conditions; imperfect course conditions; road and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Event Organizers; and other undefined harm or damage which may not be readily foreseeable, and other presently unknown risks and dangers (“Risks”). I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others participating in the Event, or the acts, inaction or negligence of the Released Parties defined below, and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I incur as a result of my participation in the Event.
3. I agree to be familiar with and abide by the Rules and Regulations established for the Event, including but not limited to the Competitive Rules adopted by USATF and the Guide to Prohibited Substances and Prohibited Methods of Doping adopted by the United States Anti-Doping Agency. I also accept sole responsibility for my own conduct and actions while participating in the Event, and the condition and adequacy of my equipment.
4. I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: Enforma.com, Inc., Zoo Miami, America Lebanese Syrian Associated Charities, St. Judes Children’s Research Hospital, South Motor Company of Dade County, Pompano Imports, Inc., Midway Ford Mall, Inc., Continental National Bank, and Promoters, Race Directors, Sponsors, Advertisers, Local Organizing Committees, Venues and Property Owners upon which the Event takes place, Law Enforcement Agencies and other Public Entities, such as Miami-Dade County, Miami-Dade County Fire & Rescue Department, and all other organizations providing support for the Event, and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers (Individually and Collectively, the “Released Parties” or “Event Organizers”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and reasonable attorneys fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate to my participation in the Event, including claims for Liability caused in whole or in part by the negligence of the Released Parties. I further agree that if, despite this Agreement, I, or anyone on my 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 Liability which any may be incurred as the result of such claim.
5. If I am under the age of 18, my parents have consented to my participation at the South Motor 8K When I am on the premises of the South Motor 8K or at an South Motor 8K sponsored event, my parents have given their consent for me to participate in South Motor 8K, and have agreed to all of the
Terms and Conditions on my behalf.
6. I hereby warrant that I or my parents and/or legal guardian(s) (if under the age of eighteen (18)) have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it (including the rights of the minor, my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have signed this Agreement freely and voluntarily, without any inducement, assurance or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
7. I consent and agree that my registration information, such as name, last name, email, shirt size, age, and address, are being collected by the Event Organizers and related Event parties. I further agree and consent that any still photographs, motion pictures, or live video may be made of my guests and myself by the Event. This release gives the Event Organizers the right to use the above-listed information and visual material in conjunction with the promotion, organization, and production of the Event. Further, I hereby release the Event Organizers and forever discharge any claim of any nature against them as long as the material is used in compliance with the above stated.
8. The Event will take place rain or shine. However, certain circumstances can affect or impact the event, which are beyond the Organizer’s control – e.g. severe weather conditions. The Event Organizers shall have the right, at their election, to delay, alter, partially change, or cancel the event activities, to provide athletes and participants with a safe event. The event may also be canceled due to a result of an act of God, hurricane, earthquake, flood, lightening, water damage, unusually severe weather conditions, accidents to or failure of equipment or machinery, fire, labor controversy, riot, civil commotion, act of public enemy, or major upheaval, law, enactment, rule, order or act of any government or governmental instrumentality, failure of technical facilities, failure or delay of transportation facilities, illness, or incapacity, or other cause of a similar or dissimilar nature not reasonably within the Event Organizers control or which the Event Organizers could not by reasonable diligence have avoided (each such act specified herein shall be referred to as a “force majeure event”) without the Event Organizers bearing any liability hereunder.
10. If I should invite a guest or a minor to the South Motors 8K, I understand that the guest and/or minor are solely my responsibility and that Enforma.org, it’s partners, sponsors, agents and assigns, including, but not limited to St. Jude Children’s Research Hospital, ALSAC, and South Motor Company of Dade County, are not liable or responsible for the care or supervision of the guest and/or minor. Further, I, the participant agree to indemnify and hold harmless the Released Parties and/or Event Organizers with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and reasonable attorneys fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate to my participation in the Event, including claims for Liability caused in whole or in part by the negligence of the Released Parties.
11. Registering for the Event constitutes the acceptance of the terms and conditions set above, including acknowledging that any REGISTRATION FEES PAID FOR THIS EVENT ARE NON-REFUNDABLE AND NON-TRANSFERABLE.
FOR PARENTS OF PARTICIPANTS UNDER THE AGE OF 18 MUST REVIEW AND SIGN PRIOR TO THE RACE:
I, the parent or guardian of the above named participant, have read through this waiver and all its terms, and I hereby give my approval to this child's participation in South Motors 8K. I assume all risks and hazards incidental to my child's participation in South Motors 8K, and I hereby waive, release, absolve, indemnify and agree to hold harmless the Administrators, as defined above, for any injury to my child and from any and all claims, causes of actions, obligations, lawsuits, charges, complaints, controversies, covenants, agreements, promises, damages, costs, expenses, responsibilities, of whatsoever kind, nature or description, whether, direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, from all claims or liabilities of any kind arising out of or connected with my child's participation in South Motors 8K. I consent to the foregoing and grant permission for him/her to participate in South Motors 8K. I acknowledge I have carefully read, accepted and agreed to the terms on this Assumption and Release and Liability waiver, and know and understand their contents and I sign the same on my own free act and deed.
Child Name (Printed) Age On Date Of Race
Parent or Guardian Name (Printed)
By clicking "Register" you are agreeing to the aforementioned terms and conditions.
Terms and Conditions
En Forma has partnered with local businesses to make the South Motors 8K a rewarding experience, both on the track AND off it! At the end of the Race, En Forma will be raffling several terrific prizes, donated by our local partners. Every Race Registrant will receive one Raffle Ticket as part of their registration. And if you bring friends and families, and they want to take their shot at the Raffle Prizes, they can purchase a ticket for $30.00 ($10.00 of which will go to St. Judes Children’s Research Hospital). So make sure that you stick around after the race to get your shot at one of several great prizes!
- WHO’S ELIGIBLE? Only the following are eligible for the South Motors 8K raffle: 1) who register for the South Motors 8K who are 18 years or older or who have registered through their legal guardian and/or parent; or 2) who paid for their raffle ticket on the date of the Race and who are 18 years or older Only those raffle participants that are physically on the premises will be eligible for their prize.
For those participants who are 17 years or younger, only the parent or legal guardian will be eligible for the Raffle.
Only Raffle participants that are physical present on the date of the race will be eligible to win a prize. For those participants who are 17 years or younger, their parent and/or legal guardian must be present to receive their prize.
- GENERAL RULES: By participating in the Raffle, participants agree to be bound by these Rules, the terms and conditions of En Forma.org, Inc’s websites, and by the decisions of Sponsor, which are final and binding in all respects. By entering the Raffle, participants waive the right to claim any ambiguity or error in these Rules or in the Raffle itself. Sponsor reserves the right to modify these Rules for clarification purposes without materially affecting the terms and conditions of the Raffle. En Forma.org, Inc., its sponsors, partners, employees and agents, are not responsible for (1) any incorrect or inaccurate information or technical failures or errors of any kind; (2) unauthorized human intervention in any part of the entry process or the Raffle; or (3) any defect, error or condition with regard to the Raffle Prize. En Forma.org waives an express or implied warranties regarding the Raffle Prizes, including any warranties of merchantability or use.
Further, if, for any reason, the Raffle is not capable of running as planned for reasons outside of the control of the En Forma.org which, in the sole opinion of En Forma.org may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Raffle, Sponsor reserves the right, at En Forma’s sole discretion, to cancel, terminate, modify or suspend the Raffle. Enforma.org also reserves that right, at its sole discretion, to disqualify a participant who is found, by her actions or the actions of any person related to the participant, to be : (a) tampering or attempting to tamper with the Raffle process; (b) violating these Rules; or (c) acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten, or harass any other person.
Enforma.org Inc., is not responsible for claims, injuries, losses or damages of any kind resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of any Raffle Prize.
Sponsor’s failure to enforce these rules does not constitute a waiver. In an cause of action, En Forma.org’s liability will be limited to $250.00 and in no event will Enforma.org be liable for consequential and/or punitive damages. ×