Event Disclaimer
Assumption of Risk, Liability Release, and Refund Policy
I hereby certify that I want to participate in the Pleasant Grove City Recreation programs.
1. Release: I hereby recognize and acknowledge that my child's participation in recreational activities may involve bodily injury and/or emotional injury to myself and/or my child. In consideration of my child being able to participate in such events, I for myself, my child, my heirs, my executors, and administrators, hereby voluntarily and knowingly indemnify and hold harmless, defend, release, waive, and discharge Pleasant Grove City, its officers, employees, and volunteers from any and all suits, claims or liability including negligence, based on any injury except that caused solely by the gross negligence or wilful misconduct of Pleasant Grove City, that may result from my child's participation in Recreation activities. In addition, I agree that I or my insurance company will pay for medical, hospitalization, or any other expenses resulting from my child's participation.
2. Refund: As per Pleasant Grove City Recreations policy and procedures, the Recreation Department may withhold 25% of the refund (program registration fee) for administrative costs. All refunds must be requested in person, accompanied by a written refund request. No refunds shall be given after the first day of the program.
3. Collections. I agree to pay Pleasant Grove City all costs incurred, together with reasonable attorney's fees in the event that my account is referred to the Pleasant Grove City's Attorney's Office for collection. I understand that any account delinquent 30 days or more will be turned over to the Pleasant Grove City Attorney for collection.
4. Emergency Treatment: I hereby authorize Pleasant Grove City Recreation program staff to act on my behalf in accordance with their best judgment in case of an emergency involving my child, and agree to assume full responsibility for all expenses, medical or otherwise, that may arise therefrom. I understand that I or my insurance company will pay for such emergency treatment.
5. Equal Opportunity: Pleasant Grove City Recreation provides equal opportunity to participate regardless of race, creed, gender, or ability to pay, and will, upon request, provide reasonable accommodations to individuals with disabilities.
6. Media Release: I also agree to be photographed/recorded and/or agree to have my child photographed/recorded and release the use of the media for publicity for the City of Pleasant Grove.
7. By signing this assumption of risk, liability release, indemnification, and refund policy statement, I acknowledge that I have read its contents and disclosure, that I understand its contents and disclosure, and that I agree to its terms.
RunnerCard Disclaimer
A. I understand that the event reserves the right to use any and all participant's names and/or likeness with regard to promotional and/or advertising materials.
B. Further, I understand that all fees are nonrefundable and nontransferable.
C. Authority to Register and/or to Act as Agent. You represent and warrant to RunnerCard and the event organizer that you have full legal authority to complete this event registration, including full authority to make use of the credit or debit card 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.
Compliance with Children''s Online Privacy Protection Act (COPPA). You represent and warrant that, in compliance with COPPA, you are over thirteen (13) years of age, and that if you are registering a child under fourteen (14) years of age you are the parent or guardian of such child, and do hereby consent to the collection of such child''s personal information by RunnerCard.
D. Limitation of Liability; Disclaimer of Warranties. RUNNERCARD, NOR THE EVENT, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE RUNNERCARD OR (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR (C) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH RUNNERCARD OR (D) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF RUNNERCARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF RUNNERCARD IS AT YOUR SOLE RISK. RUNNERCARD IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RUNNERCARD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
E. Release of likeness; By entering this event, you, the participant, acknowledge that photographs of you, drawings or other likenesses may be made, and you grant all rights to use these likenesses for advertising purposes by the event for future races, or other purposes, without compensation to you.
F. Release of name; By registering for this event, you grant the right for your name to be displayed as a registered participant.
G. Indemnification. You agree to indemnify and hold each of RunnerCard and its officers and employees harmless from any claim or demand, including reasonable attorneys'' fees, made by any third party due to or arising out of your use of RunnerCard or the violation of any term of this Liability Waiver or the RunnerCard Terms of Service by you.
H. Applicable Law; Consent to Jurisdiction. The RunnerCard sites (excluding linked sites) are controlled by RunnerCard from its offices within the State of Utah, United States of America. By completing this event registration, both you and RunnerCard agree that the statutes and laws of the State of Utah, without regard to the conflict of laws principles thereof, will apply to all matters relating to this event registration, this Liability Waiver, or other use of the RunnerCard sites. You agree that exclusive jurisdiction for any dispute with RunnerCard resides in the courts of the State of Utah and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Utah in connection with any dispute including any claim involving RunnerCard or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
I. Severability. If any provision of this Liability Waiver shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Liability Waiver and shall not affect the validity and enforceability of any remaining provisions.
J. Image Release- Participant understands that images/recordings may be taken while participating in activities hosted by the event organizers and event staff. Participant hereby authorizes the use of photographs, video recording, and electronic sound recording by event sponsors, event organizers and staff now or in the future, whether that use is known to Participant or unknown and waives any right to royalties or other compensation arising from or related to the use of the images or recordings.
RunnerCard makes no warranty that RunnerCard sites'' services will be uninterrupted, secure or error free. RunnerCard does not guarantee the accuracy or completeness of any information in, or provided in connection with, the sites. RunnerCard is not responsible for any errors or omissions, or for the results obtained from the use of such information. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the RunnerCard sites is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data.