Terms and Conditions, Release and Indemnity Agreement

Rock ’n’ Roll Marathon Series Virtual Run 2019

Each participant, and if the participant has not attained the legal age of majority, a parent/natural guardian/legal guardian of the minor participant (minors are those under 18 yrs. of age), must acknowledge and agree to this Terms and Conditions, Release and Indemnity Agreement (this “Agreement”).  The participant or, if applicable, the participant’s parent/natural guardian/legal guardian, is referred to herein as “I,” “my,” “you,” or the “Customer”.  I acknowledge that I have legal authority to act on behalf of myself, or if the participant is a minor that I have the legal authority to act for the minor on his/her behalf, and that the child is under 18 years of age.  In consideration of the services of Competitor Group, Inc. (“CGI,” “we,” or “Operator”) in allowing me/my child to participate in this Operator Virtual Run 2019 and other related activities (hereafter “Event”), I acknowledge and agree as follows

Shipping Terms and Conditions

  • All purchases to participate in the Event are NON-REFUNDABLE and NON-EXCHANGEABLE.
  • For international shipments, the Customer is responsible for all custom duties, taxes and fees. That includes all brokerage fees charged by the delivery service.
  • Orders returned by the shipper due to a customer’s refusal to pay duties, taxes and fees will not be refunded for shipping costs, only the items returned.
  • We do not provide a "Signature Required" option on shipments. Customers receive tracking information via email so they can track and receive their package. Please be sure you have entered the correct email address and check your settings so that our emails are not going to your "spam/junk" folder.
  • It is the responsibility of the Customer to receive their package. We are not responsible for packages left unattended and/or stolen.
  • Other applicable terms and conditions are at https://runrocknrollstore.com/terms-and-conditions and https://www.runrocknrollstore.com/faq/.

 

ACKNOWLEDGMENT AND ASSUMPTION OF RISKS

  • This Event and other activities that I (or my child, as applicable) may participate in may take place indoors or outdoors and can include but not be limited to: warm-up exercises; competitive running and/or walking, both in practice and in the Event; participation in clinics, training, demonstrations or other games and activities, attendance at any activities, use of and/or assistance with any equipment, facilities or premises and traveling in planes, vans, buses or other vehicles to and from activities (this Event and other activities collectively referred to in this Agreement as “activities” or “activity”).  Activities may be scheduled or unscheduled, mandatory or optional, whether or not authorized and/or conducted by Operator, structured or unstructured and include free time.  I acknowledge that the inherent and other risks, hazards and dangers (collectively referred to in this Agreement as “risks”) of these activities can cause injury, damage, death or other loss to me, my child or others.  The following describes some, but not all of the inherent risks, as applicable to participant’s activities:
  • Risks in any competitive or athletic activity.  Training for, practicing or competing in endurance or other events and associated with running and other conditioning involves frequent and repetitive use of the arms and legs, extreme fitness and endurance, and pushing the limits of the participant’s speed and abilities.
  • Risks present in an outdoor environment.  Participants may be subject to: high altitude or mountainous terrain; severe storms or bad weather such as lightning, strong winds, rain, hail, snow and ice; extremely hot or cold weather; stinging, venomous and/or disease carrying animals or insects and other natural or man-made hazards. Hazards may not be marked or visible and weather is always unpredictable.
  • Running risks. These risks include the risk of losing control and falling to the ground, colliding with objects (including parked or moving vehicles and/or bicycles) or people (including co-participants, volunteers, or spectators) on land, tripping or falling down, or encountering other road/trail hazards.
  • Personal health and participation risks.  The risk that a participant’s mental, physical or emotional condition (including any use or abuse of alcohol or prescription or non-prescription drugs), whether disclosed or undisclosed, known or unknown, combined with participation in these activities could result in injury, damage, death or other loss. 
  • Supervision and activities risks.  I understand that neither Operator nor any of their staff, representatives, volunteers, contractors or anyone associated with them will be supervising participant during the activities or at any time.  Adult participant agrees he/she is solely responsible for his/her own well-being at all times; or, if applicable, a participant’s legal guardian agrees to take sole responsibility for participant’s supervision before, during and after the Event and other activities, including during free time and at all other times.
  • I am (or my child is) voluntarily participating, and I (and my child) acknowledge the inherent risks in connection with the activities. Therefore, I agree that I (and my child, if applicable) assume and accept full responsibility for the participant, for the inherent and other risks (both known and unknown) of the activities, and for any injury, damage, death or other loss suffered by me or my child, resulting from those inherent and other risks, including but not limited to the risk of my, my child’s (if applicable), a co-participant’s, a Released Party’s, a spectator’s, a volunteer’s, and/or a third party’s passive or active negligence or intentional or other misconduct.

 

RELEASE AND INDEMNITY

Please read Parts A and B carefully. This Release and Indemnity section contains a surrender of certain legal rights. 

Part A:  To the extent allowed by applicable law, I for myself (and also for my child participant, if applicable), agree as follows:

  • To release and not to sue CGI, World Triathlon Corporation (“WTC”), Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteers, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors and representatives and all other persons or entities associated or involved with the activities (individually and collectively referred to in this Agreement as the “Released Party” and "Released Parties"), with respect to any and all claims, liabilities, suits or expenses (including attorneys’ fees and costs) (collectively referred to in this Agreement as “claim” or “claim/s”) that I may have, for any injury, damage, death, lost property, stolen property, or other loss in any way connected with my (or my child’s) enrollment or participation in and/or assistance with the activities, including use of and/or assistance with any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; any breach by the Released Parties of statutory duty; and/or losses resulting from the inherent or other risks of the activities. I understand I agree here to waive all claim/s I may have (for myself and my child) against the Released Parties and agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any loss I may suffer, if I (or my child) suffer injury, damage, death or other loss; and
  • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me, (my participating child, if applicable) or other family member/s, a co-participant or any other person, for any injury, damage, death, lost and/or stolen property or other loss in any way connected with my, or my child’s, enrollment or participation in and/or assistance with the activities, including without limitation use of and/or assistance with any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; any breach by the Released Parties of statutory duty; and/or losses resulting from the inherent or other risks of the activities. 

This Release and Indemnity section Part A includes but is not limited to claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim, including claim/s resulting from the negligence of Released Parties, whether passive or active.

Part B:  If the participant is a minor, I (the minor participant’s parent) for and on behalf of my participating minor child, agree as follows: I agree here to waive and release, in advance, any claim or cause of action against the Released Parties that would accrue to my minor child for personal injury, including death, and property damage resulting from an inherent risk in the activity. 

NOTICE TO THE MINOR CHILD'S NATURAL GUARDIAN

READ THIS AGREEMENT COMPLETELY AND CAREFULLY.  YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY.  YOU ARE AGREEING THAT, EVEN IF THE RELEASED PARTIES USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED.  BY REGISTERING FOR THIS EVENT, YOU ARE GIVING UP YOUR CHILD'S RIGHT AND YOUR RIGHT TO RECOVER FROM THE RELEASED PARTIES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO REGISTER FOR THIS EVENT, AND THE RELEASED PARTIES HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT REGISTER FOR THIS EVENT. 

To the extent allowed by applicable law, I agree to indemnify the Released Parties for any attorneys’ fees and costs incurred by them in defending a claim or suit brought by or on behalf of my child (whether that claim or suit is initiated by me, my child or another party) that an arbitrator or court determines is barred under applicable law, or, if the claim is withdrawn or dismissed.

 

OTHER PROVISIONS

I understand and agree:

  • Any dispute or claim/s Operator or I (or my child) may have arising out of, relating to or in connection with this Agreement, my (or my child’s) enrollment or participation in the activities, or any other aspect of my (or my child’s) relationship with Operator: 1) will be governed by Florida substantive law (without regard to its “conflict of law” rules) and 2) unless settled by direct discussions, will be determined by binding arbitration as the sole and final remedy for all matters in dispute, administered by the American Arbitration Association (“AAA”) in accordance with applicable Arbitration Rules as interpreted and governed by the Florida Arbitration Code.  AAA arbitrator/s knowledgeable in the field and in commercial matters, acceptable to both the participant and Operator, will conduct the arbitration.  Required Venue:  I agree that any arbitration proceeding, or any suit or other proceeding must be filed, entered into and/or take place only in Tampa, Florida.  I ACKNOWLEDGE AND AGREE THAT THE PARTIES, BY ENTERING INTO THIS AGREEMENT, ARE WAIVING ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE BETWEEN THE PARTIES.  I FURTHER ACKNOWLEDGE AND UNDERSTAND THAT IF A JUDGE WERE TO RULE THAT THE PARTIES' ARBITRATION AGREEMENT IS NOT ENFORCEABLE THAT THE PARTIES ARE STILL VOLUNTARILY GIVING UP THEIR RIGHT TO TRIAL BY JURY REGARDING ANY DISPUTE BETWEEN THEM.
  • If I am agreeing as the participant’s legal guardian, I have the legal authority to act for the participant and on his/her behalf.  If my guardian status is challenged or found invalid, I will release, agree to defend and indemnify, and not to sue any of, the Released Parties, to the fullest extent allowed by law and per the provisions of this Agreement, just as if I were the participant’s lawful guardian.
  • In no event may I (or anyone else on my behalf) without the prior written consent of Operator, its assignees, or its designees: (a) use any intellectual property of WTC and/or its affiliates, including, but not limited tothe Ironman®, 70.3®, Iron Girl®, IRONKIDS®, Velothon®, Cape Epic®, 5150®, and Rock ‘n’ Roll®  marks and names, the “M-Dot” logo, “K-Dot” logo (collectively, the “WTC IP”) and/or any words or marks that refer to, or are suggestive of, or confusingly similar to, the Event, any Event logo, Event name, Event location, Event date, or Event race distance (collectively, “Event IP”), or (b) sell, market, distribute, or produce any products, events, merchandise, websites, or services that are IRONMAN®-branded, 70.3®-branded, Event-branded, or branded or marked using (i) any Event logo, (ii) any Event name, (iii) any Event IP, or (iv) or any WTC IP (including without limitation the word “IRON” or any foreign translation thereof as a prefix for, or component of, any race, event, trade name, trademark, organization name, club name, or brand of any kind, in each case in any way related to triathlon, triathletes, training, coaching, or any endurance sports).
  • I grant to Operator, its affiliates, designees, assignees, and sponsors the right and permission to photograph, film, record and/or otherwise capture in any media the name, image, voice, written statement, photograph and/or visual likeness of me, my child, and/or my family members (collectively “images”), with right to sublicense, during the activities or otherwise, without compensation, for use for any purpose in any media throughout the world in perpetuity, including but not limited to use in broadcasts, photographs, publications, podcasts, webcasts, motion pictures, brochures, CDs, DVDs, internet websites, social media platforms, television, and/or in any related commercial, informational, educational, advertising, or promotional materials. I understand that all ownership and copyright rights in the images will be owned by Operator, its assignees, or its designees, and I waive any inspection or approval rights. I understand and agree that my (or my child’s) name, bib number and race results will be available to the public during and after the Event.
  • Operator may assign this Agreement to other entity/s or individual/s (“assignees”) at any time, and any such assignment will grant assignees the full rights and protections accorded in this Agreement, consistent with Operator’s and other Released Parties rights and protections under this Agreement.
  • This Agreement is effective in regard to participant’s enrollment or participation in the activities from the date agreed to through the completion of all activities, and this Agreement will remain in full force and effect following completion of all activities.
  • This Agreement is intended to be interpreted and enforced to the fullest extent allowed by law.  If any portion of this Agreement is deemed unlawful or unenforceable, it will not affect the enforceability of the remaining provisions, and those remaining provisions will continue in full force and effect.

I, participant and parent/guardian of a minor participant agree:  I have carefully read, understand and agree to this Agreement and acknowledge that it shall be effective and legally binding upon me (and if I am participant’s legal guardian, participant), and my/participant’s, spouse, children and other family members, and my/participant’s heirs, executors, representatives, subrogors and estate. 

 

ROCK ‘N’ ROLL MARATHON® is a registered trademark of World Triathlon Corporation