ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT

NOTICE: THIS IS A LEGALLY BINDING AGREEMENT. THIS DOCUMENT MUST NOT BE ALTERED OR IT WILL BECOME VOID. READ CAREFULLY. IF THE PARTICIPANT IS UNDER 18, A PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT ON THE MINOR PARTICIPANT'S BEHALF AS PART OF THE REGISTRATION PROCESS.

In consideration for me or my minor child being permitted to participate in the 2025 BYU Cougar Run 5K and Kids Races on Saturday, October 18, 2025, at Brigham Young University (BYU), sponsored by BYU Track and Field (the Activity), I agree to this assumption of risk, release of liability, and indemnity agreement (Agreement). I acknowledge and agree to assume the inherent risks of the Activity which includes participation in walking or running a distance of a 5K or less. I acknowledge the risks involved in this activity may include, but are not limited to: traveling on path next to motorized vehicles, injuries from walking or running over uneven surfaces; accidents that may occur while traveling to route; getting lost; pulled muscle, muscle cramp or spasm, cuts, bruises, blisters, broken bones, strains, sprains, falls, concussions, torn muscles, internal injuries, spinal injuries; injuries caused by other participants, blows to the body, face or head, exhaustion, dehydration, physical or emotional distress; injuries from contact with equipment; injuries occurring from colliding with other participants or objects: bad decision-making; inattention of or actions of other participants; misuse or failure of equipment; damage to clothing and other personal items; animal or bug bites or stings; sunburn; hypothermia, heat-related illness; adverse weather conditions including lightning, rain, hail, wind, snow, ice, cold, heat and other weather related phenomena; and other risks, hazards, or accidents, whether foreseen or unforeseeable. I acknowledge that the above list is not inclusive of all possible risks associated with the Activity, and I agree that the list in no way limits the extent or reach of this Agreement. Further, I understand and acknowledge that BYU is not the insurer of my or my minors behavior, actions, or participation in the Activity.

With full knowledge of the inherent risks of the Activity and other risks of personal injury, including catastrophic injury, paralysis, and death, and property loss that may occur while I or my minor are at or participating in the Activity, I hereby release, fully discharge, covenant not to sue, and agree to indemnify, hold harmless, and defend BYU, or it's affiliates, and their respective directors, officers, employees, volunteers, and agents from all claims of damage or liability that may result from my or my minors participation in the Activity. This Agreement shall be effective for all damage, injury, or loss except if resulting from the gross negligence or willful misconduct of BYU. In addition, I agree to pay any attorney fees or costs incurred by BYU in enforcing this Agreement.

I further state that there are no health-related reasons or problems which preclude or restrict my or my minors participation in this Activity, and that I or my minor have adequate health insurance necessary to provide for and pay any medical costs that may be attendant as a result of injury or harm to me or my minor. I consent to any medical treatment that may be necessary or advisable in the event of an injury. I attest that I have carefully read these terms and fully understand their content; am aware that this is a release of liability, covenant not to sue, and agreement to indemnify; and that I am signing of my own free will. It is my express intent that this Agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns, and personal representatives, if I am deceased. If any portion of this Agreement is held to be invalid by a court of competent jurisdiction, then it is agreed and intended that all the remainder shall, notwithstanding, continue in full force and effect.

By checking the box and initialing below, I certify that I have reviewed and understood the Assumption of Risk, Release of Liability, and Indemnity Agreement and I agree to all its terms on my behalf and, if applicable, on behalf of my minor child.

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.