Event Disclaimer

1. In consideration for allowing me to participate in the Taylorsville Dayzz 5K and/or Kids Fun Run (the 5K), the undersigned intends to be legally bound hereby for myself, my family, my heirs, my executors my administrators, my successors and assigns, and hereby forever release, discharge, covenant not to sue and waive any and all rights and claims for damages and causes of suit or known or unknown actions that I have or may have against the City of Taylorsville "the City", all committee persons, officials, contractors, volunteers, organizers, and sponsors and their officers, directors, employees, agents, and representatives, successors, and assigns (collectively referred to as the City) from any and all injuries, ailments, or other consequences or damages that may be suffered by me as a result of my involvement with the 5K.
2. The undersigned hereby agrees to indemnify, defend and hold harmless the City from and against any and all claims, lawsuits, demands, liens, and all liability or damage of whatever kind on account of or arising from my involvement in the 5K, including, but not limited to, any damage or injury suffered by the undersigned as a result of the undersigned deviating in any manner from the 5Ks predetermined designated route. Nothing herein shall be construed to require the undersigned to indemnify the City against the Citys own negligence.
3. The undersigned hereby represents that I am physically able to participate in the 5K and I am aware of the dangers and precautions that are associated with my involvement with the 5K.
4. The undersigned hereby authorizes the City or its designated representatives and the 5K organizers to act on my behalf in accordance with their reasonable judgment in the case of an emergency, and I agree to pay all medical and emergency expenses in the event of an accident, illness or other incapacity or emergency, regardless of whether I have authorized such expense, and I hereby assume full responsibility for any medical or emergency expense that I may incur as a result of my involvement in the 5K.
5. The undersigned hereby represents to the City that I have adequate medical insurance or other assets to cover the cost of any medical or emergency expenses that I may incur or cause as a result of my involvement in the 5K.
6. The undersigned hereby grants permission to the City, its successors and assigns, the right to use, publish and take photographs, photographic likenesses, digital images, and/or video with or without audio recording of my participation in the 5K. I further grant permission for these images to be displayed and used on the Internet, publications or other media. I understand that access to the Internet and other media is extensive and that the City does not guarantee any privacy or limitation on access to the images or information the City may use. Further, I waive any right to inspect or approve the finished product(s) or the advertising or other copy that may be used in connection with such images.
7. The undersigned hereby expressly agrees that this Waiver, Release, Indemnification and Consent is intended to be as broad and as inclusive as permitted by Utah law and that if any portion hereof is found to be invalid, that the balance shall, notwithstanding, continue in full force and effect.
8. The undersigned represents that I am 18 years of age or older and that I have read this document and fully understand its contents, or I represent that I am the parent or legal guardian of the participant (Participant) and I hereby agree to the terms and conditions of the foregoing Waiver, Release, Indemnification and Consent for and in behalf of the Participant, and I consent to the Participants participation in the 5K. I further give permission for the Participant to participate in the 5K and authorize the City to administer emergency medical aid to the Participant for any accident or illness and to act in my stead in approving necessary medical care. I further assume and agree to pay all medical and emergency expenses incurred by the Participant with respect to their involvement in the 5K in the event of an accident, illness or other incapacity, regardless of whether I have authorized such expense.

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.