TD Beach to Beacon 2017 Waiver
All participants in the td beach to beach 10k road race and related events are required to assume all risk of participation by accepting this general release agreement.
I acknowledge that (i) by participating in the TD Beach to Beacon 10K Road Race (the “Event”), I will not be supervised in any way by TD Beach to Beacon 10K, Inc., TD Bank, N.A. and its affiliates and subsidiaries, Joan Benoit-Samuelson, Dave McGillivray Sports Enterprises Inc., USA Track & Field, Inc., or sponsors, coordinating groups, promoters, volunteers, or any individuals associated or affiliated in any way with the sponsorship, promotion, or execution of the Event (hereinafter collectively referred to as “Releasees”); (ii) Releasees have no particular expertise or opportunity to control the hazards associated with a road race of this type; (iii) I understand and am aware that aerobic exercise and strenuous, physical activity are potentially hazardous activities; (iv) I have no physical or medical condition that, to my knowledge, would endanger others or me if I participate in the Event; (v) I acknowledge that I have either had a physical examination and been given my physician’s permission to participate, or that I have decided to participate in this Event without the approval of my physician; (vi) I assume all risk associated with running in this Event, including, but not limited to falls, contact with other participants, the effects of weather including high heat or humidity, traffic, the conditions of the road, and the possibility of serious physical and/or mental trauma or injury, including permanent disability and death, all such risks being known and appreciated by me; and (vii) in consideration of being permitted to participate in the Event, for myself, my heirs, executors, administrators, legal representatives, assignees, and successors in interest (collectively “Successors”) I hereby release, discharge, hold harmless and promise to indemnify the Releasees, their officers, directors, members, representatives, successors, heirs, and assigns, from and against all rights and claims, including claims arising directly or indirectly from the Releasees’ own negligence, which I have or which may hereafter accrue to me, and any and all damages that may be sustained by me directly or indirectly in connection with, or arising out of, my participation in the Event.
I agree, for myself and my Successors, that the above representations are contractually binding, and are not mere recitals, and that if I or my Successors assert any claim in contravention of this agreement, the asserting party shall be liable for the expenses (including legal costs and attorneys’ fees) incurred by the other party or parties in defending any such claim, unless the other party or parties are finally adjudged liable on such claim for willful and wanton negligence. This agreement may not be modified orally, and a waiver of any provision shall not be construed as modification of any other provision of this agreement or as consent to any waiver or modification. This release is intended to be a complete and unconditional release of all liability to the greatest extent allowed by law.
I understand that the Event is a road race conducted under the rules of the Road Runners Club of America and USA Track & Field and it is not intended for individuals with headphones, baby strollers, dogs on leashes, skateboards, skates or roller blades. I understand that the Event is widely publicized and photographed. I hereby irrevocably grant full permission to the Releasees to use photographs, videotapes, motion pictures or any other record of this event, including any of the foregoing that include me and my name, likeness and/or voice, for any legitimate purpose, and I further irrevocably grant such parties full permission to perpetually use, edit, reproduce, transmit, distribute, publish, display, and/or perform, in whole or in part and without the need for paying a royalty, any of those photographs, videotapes, motion pictures or record of the event that include my name, likeness, voice, statements, and general biographical information (e.g. residence city and state or province), singularly or in conjunction with other photographs and recordings, for advertising, publicity, commercial or any other business purposes without limitation as to time, territory or medium.
I acknowledge that my entry fee is non-refundable, including if the race is cancelled, and my entry is non-transferable except as permitted pursuant to the disseminated rules of the race organizing committee. I agree I will not charge back or dispute the credit card transaction. If I do charge back or dispute the credit care fees I agree to pay a $25 charge back fee payable to TrustedPartner eCommerce Services.
Authority to Register and/or to Act as Agent. You represent and warrant to Forte Interactive, Inc. (“Forte”) and TrustedPartner Ecommerce Services (“TP Ecom”) that you have full legal authority to complete this event registration on TP Ecom, including full authority to make use of the credit card, debit card or bank account to which registration fees will be charged. In addition, if you are registering third parties, you represent and warrant that you have been duly authorized to act as agent on behalf of such parties in performing this event registration. By proceeding with this event registration, you agree that the terms of this Registration Agreement shall apply equally to you and to any third parties for whom you are acting as agent.
Refund Policy. I acknowledge that my entry fee is non-refundable, including if the race is cancelled, and my entry is nontransferable except as permitted pursuant to the disseminated rules of the race organizing committee.