By participating in this race event and signing below, I
understand, agree, warrant and covenant as follows:
1. Authority
to Register and/or to Act as Agent: I represent and warrant to Nicolet
College that I have full legal authority and right to complete this event
registration on behalf of myself and/or any party that I am registering for
this event, including the full authority to make use of the credit card or
debit card to which registration fees (if applicable) will be charged. As used
in this Waiver, “Nicolet College” refers to any officers, employees,
contractors, subcontractors and agents.
I represent that if I am registering a
child under the age of 18 or an incapacitated adult, I represent and warrant
that I am the parent or assigned legal guardian of such party, I have the legal
authority to enter into this agreement on their behalf; and by proceeding with
this event registration, I agree that the terms of this Agreement and Waiver
shall apply equally to all parties that I registered/the Registered Parties:
2. Liability
Waiver: By participating in this race event and signing this Waiver, I
hereby acknowledge and agree that running a race and participating in any type
of race, or physical event, is a hazardous activity. I should not enter and run
unless I am medically able, properly conditioned, and properly trained for the
event. I also acknowledge that this is a Virtual Run in which I will be participating
independently on an open course of my choice. I am specifically assuming any
and all risks associated with participating in this event, including but not
limited to, all falls, contact with other participants, the effects of stresses
of the race and of the weather, all conditions of the walkways, roads, and
trails, any and all medical conditions related to heat/cold or hydration, and
to all such other risks inherent in participating in an athletic event of this
kind and nature. Furthermore, I agree to follow all instructions of the event,
yield to any and all emergency vehicles and emergency personnel during the
course of the event. I hereby for myself, my heirs, executors, administrators
or anyone else who might assert or attempt to assert any claim on my behalf,
covenant not to sue, and waive and release and forever discharge Nicolet Area
Technical College (Nicolet College), its Board of Trustees, employees,
officers, volunteers, or any agent of the College from any and all claims or
liability for any personal injury, property damage, or death of any kind or
nature whatsoever arising out of, or in the course of, my participating in, or
the participation of the Registered Parties in this event. This release and
waiver extends to all claims of every kind or nature whatsoever, foreseen or
unforeseen, known and unknown.
3. I UNDERSTAND AND AGREE THAT PARTICIPATION IN
THE EVENT IS POTENTIALLY HAZARDOUS, AND THAT A REGISTERED PARTY SHOULD NOT
PARTICIPATE UNLESS THEY ARE MEDICALLY ABLE AND PROPERLY TRAINED. I UNDERSTAND
THAT EVENTS MAY BE HELD OVER PUBLIC ROADS AND FACILITIES OPEN TO THE PUBLIC
DURING THE EVENT AND UPON WHICH HAZARDS ARE TO BE EXPECTED. PARTICIPATION
CARRIES WITH IT CERTAIN INHERENT RISKS THAT CANNOT BE ELIMINATED COMPLETELY
RANGING FROM MINOR INJURIES TO CATASTROPHIC INJURIES INCLUDING DEATH. I
UNDERSTAND AND AGREE THAT IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN
THE EVENT, I AND ANY REGISTERED PARTY, THE HEIRS, PERSONAL REPRESENTATIVES OR
ASSIGNS OF MYSELF OR THE REGISTERED PARTY DO HEREBY RELEASE, WAIVE, DISCHARGE
AND COVENANT NOT TO SUE THE RELEASES FOR ANY AND ALL LIABILITY FROM ANY AND
ALL CLAIMS ARISING FROM PARTICIPATION IN THE EVENT BY MYSELF OR ANY REGISTERED
PARTY.
4.
4. Indemnification: In accordance with the above Liability
Waiver, I specifically agree to indemnify, defend, and hold all of the Releases harmless from and against any and all damages, costs, claims, or
demands, including reasonable attorneys’ fees, made by any third party due to
or arising from or related to my participation in the event and/or for any
lawsuits or claims brought by any third parties in contradiction of/or related
to the Liability Waiver above.
5.
5. Photo Release: By signing below, I
acknowledge and agree that during participation of the event a photograph,
motion picture, or recording may be taken or made of me by race organizers,
facilitators, and sponsors of the event, and that I hereby fully consent and
agree to and grant full permission to such race organizers, facilitators, and
sponsors of the event to use such photographs, motion pictures, and recordings
of me, as well as any other record of this event, for any purpose.
6. Applicable Law and Consent to Jurisdiction. By
completing this event registration, I agree that the statutes and laws of the
State of Wisconsin, without regard to the conflict of laws principles thereof,
will apply to all matters relating to this event, Agreement and Waiver, and
event registration. I agree that exclusive jurisdiction for any dispute with
the Releases resides in the courts of the State of Wisconsin and I further
agree and expressly consent to the exercise of personal jurisdiction in the
courts of the State of Wisconsin in connection with any dispute including any
claim involving the Releases, its or their affiliates, subsidiaries,
employees, agents contractors, officers, and volunteers.
7.
7. Severability. I further
expressly agree that this Agreement and Waiver is intended to be as broad and
inclusive as is permitted by the laws of the State of Wisconsin and that if any
provision of this Agreement and Waiver shall be found to be unlawful, void, or
for any reason unenforceable, then that provision shall be deemed severable
from this Agreement and Waiver and shall not affect the validity and
enforceability of any remaining provisions.