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Marathon Terms & Conditions

 

Waiver - read, understand and acknowledge by signing below.

The undersigned participant (“Participant”), by indicating his/her acceptance below, understands, agrees, warrants and covenants as follows:

In consideration of the opportunity to participate in a TREKS event, and related events and activities, including, without limitation, a run, walk or service of any kind (the “Events”), Participant agrees as follows:

  • Participant acknowledges that he/she is aware of the inherent risks involved in strenuous and hazardous athletic event of these types, and Participant voluntarily assumes these risks.
  • Participant attests and verifies that Participant is physically fit and has sufficiently trained for the completion of the above-referenced events in which Participant participates and that Participant’s physical condition has been verified by a medical doctor.
  • Participant agrees, on his/her own behalf and on behalf of Participant’s heirs, estate, successors and assigns, to indemnify and hold harmless TREKS, the host cities and all municipal agencies whose property and/or personnel are used or in any way assist, and all producers, sponsors, co-sponsors, advertisers, organizers, volunteers and/or contractors of any of the Events in which Participant may participate, and all employees, principals, directors, shareholders, agents, members, managers, affiliates, representatives, and insurers of each of the foregoing (collectively, the “Released Parties”) against, any lawsuits, claims, or expenses (including attorneys’ fees), whether arising from the negligence of any of the Released Parties or otherwise; and Participant fully and forever waives and releases any and all rights and claims for any injuries (including death), or any other liability, to the fullest extent permitted by law, that Participant has or may have against any of the Released Parties relating to Participant’s participation in any Event as a contestant or volunteer.
  • Participant acknowledges that the RELEASED PARTIES MAKE NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE EVENTS and agrees that the Released Parties will not, under any circumstance, be liable for consequential, indirect, special or similar damages.
  • Participant acknowledges that this release and waiver of liability agreement will be used by the Release Parties and that it governs the legal rights and responsibilities of both Participant and the Released Parties. Further, Participant hereby grants to TREKS the worldwide right in perpetuity to use Participant’s name, Participant’s voice, and/or Participant’s picture in any broadcast, telecast, advertising, promotion, or other account of the Events in any form and for any purpose, without compensation or approval.
  • TREKS reserves the right to reject any entry, and further reserves the right to change the details of the Events without prior notice.
  • Participant understands that Participant’s entry fee is nonrefundable, the bib number is non-transferable, and that, if lost, Participant’s bib number will not be replaced. If any Event is canceled by TREKS due to circumstances beyond its reasonable control or as a result of governmental action, TREKS shall have no obligation to refund Participant’s entry fee or any other cost Participant may have incurred in connection with such Events.
  • Participant consents to treatment in the event of an emergency or other incident in which, in the reasonable judgment of the on-site personnel, Participant requires medical care. It is understood and agreed that Participant hereby assumes all liability for any and all medical expenses incurred as a result of training for and/or participation in the Event, including but not limited to ambulance transport, hospital stays, physician and pharmaceutical goods and services.
  • Participant warrants that all statements made herein are true and correct.
  • PARTICIPANT HAS READ THE FOREGOING AND INTENTIONALLY AND VOLUNTARILY SIGNS THIS RELEASE AND WAIVER OF LIABILITY AGREEMENT, AND UNDERSTAND THAT PARTICIPANT IS ASSUMING THE RISK OF, AND RELEASING AND HOLDING HARMLESS THE RELEASED PARTIES IN CONNECTION WITH PARTICIPANT’S PARTICIPATION IN THE EVENTS.
  • IF PARTICIPANT IS UNDER AGE 18 HIS/HER PARENT OR GUARDIAN MUST SIGN THIS RELEASE AND WAIVER AGREEMENT.
    • Participant’s Parent or Guardian’s signature below certifies that Participant’s son/daughter/ward has permission to participate in the Event.
    • Participant’s Parent/Guardian has read and understands the foregoing RELEASE AND WAIVER OF LIABILITY AGREEMENT (above) and by signing intentionally and voluntarily agrees to its terms and conditions.
    • Participant’s Parent/Guardian further certifies that such son/daughter/ward is in good physical condition and is able to safely participate in the Event. Participant’s Parent/Guardian hereby authorizes medical treatment for such son/daughter and grants access to such child’s medical records as necessary and as stated above.