STADIUM CHALLENGE DISCLAIMER
By indicating your acceptance, you understand, agree, warrant and covenant as follows:
ACKNOWLEDGMENT OF RISK, RELEASE OF LIABILITY AND AGREEMENT
You must be 18 or older in order to sign up online. If you are under 18, your parent or guardian must proceed with online registration on your behalf. This agreement may be signed or the “I accept” button clicked. Whether signed or clicked or not, proceeding to sign up online constitutes acceptance of all terms and conditions set forth in the agreement below. DO NOT PROCEED TO REGISTER UNLESS YOU AGREE WITH THE TERMS OF THIS AGREEMENT.
ACKNOWLEDGMENT OF RISK, RELEASE OF LIABILITY AND AGREEMENT WAIVER
1) I am applying for admission to the Stadium Challenge and associated activities (collectively “Race Activities”) being fully aware that these activities involve risks. I accept all the risks of participating, even if they are created by the carelessness or negligence of a Released Party or anyone else. “Risks” include physical exertion, large crowds of people where a person may be knocked down and stepped or fallen on, falling on stairs, authorized and unauthorized vehicles on the race course, road and surface conditions, activities in and around the stadium. I know there are other risks that are not listed.
2) I fully release, discharge and waive any Claims I may have, now or in the future, against the Released Parties, even if Claims are based on the carelessness or negligence of a Released Party or anyone else. “Claims” as used in this document means any and all liabilities, claims, demands, legal actions, and rights of action for damages, personal injury or death that are related to or in any way connected with participation in the Race Activities that I or my heirs or personal representative could make. “Released Parties” as used in this document means Stadium Challenge LLC., City of Boulder, State of Colorado, the University of Colorado, all sponsors of the Race Activities, directors, officers, representatives, agents, employees, medical personnel, and volunteer staff of each of them.
3) I agree not to sue Released Parties for Claims, even if the Claims arise from the carelessness or negligence of a Released Party or anyone else. I agree to indemnify (reimburse for any loss) and hold harmless each Released Party from any loss or liability (including any reasonable attorney’s fees they may incur) defending any Claim made by me or by anyone making a Claim on my behalf, even if the Claim is alleged to or did result from the carelessness or negligence of a Released Party or anyone else.
4) I am aware that there is no obligation for any person to provide me with medical care during the Race Activities. If medical care is rendered to me, I consent to that care if I am unable to give my consent for any reason at the time that the care is rendered. I am aware that it is advisable to consult a physician prior to participating in the race. If I have consulted one, I have taken the physician’s advice.
5) I agree not to consume alcoholic beverages during any of the Race Activities if I am under the age of twenty-one years. If I am over that age, I agree not to consume enough alcohol to become intoxicated.
6) I grant my permission to Stadium Challenge LLC, the sponsors of the Race Activities and any transferee or licensee of any of them, to utilize any photographs, motion pictures, videotapes, recordings and any other references or records of the Race Activities which may depict, record, or refer to me for any purpose, including commercial use by Stadium Challenge LLC, its sponsors and their licensees.
7) I agree to abide by the rules of the Race Activities. I am aware that the rules prohibit baby strollers/joggers, pets on the course, and any wheeled equipment, such as bicycles, Segways, hoverboards or inline skates. I acknowledge that, if I violate any of these prohibitions or other rules, I may be removed from the course and the permission for me to participate in the Race Activities may be withdrawn by representatives of the Stadium Challenge LLC. However, I am also aware that certain people will be permitted on the course with wheelchairs or other forms of conveyance for disabled person(s) with special prior arrangement. Others may violate the rules, adding to the risks of participation.
8) I have fully read and understand the statements I have made by wearing this bib. No warranties or representations have been made to me about the Race Activities which are not stated on this form. I understand and intend that this document act as the broadest and most inclusive assumption of risk, waiver, release of liability, agreement not to sue and indemnity as is permitted by the laws of the State of Colorado. If any portion of it is held to be invalid, I agree that the rest of it shall continue in full force and effect. The singular of nouns and pronouns in this document includes the plural and the plural includes the singular. I agree that this agreement was made in Boulder, Colorado and that the laws of the State of Colorado shall govern its interpretation and enforcement.
9) If the participant is under 18 years of age, the parent or guardian agrees to the following statements: As a parent or guardian of the participant, I authorize the child to participate. By clicking on the “I accept” button (below), I also join in the statements and agreements made by the participant in this document. I agree that in the event participant, or anyone acting on his or her behalf, should make any Claims, I will provide the indemnity and hold harmless described in paragraph 3.
BY INDICATING YOUR ACCEPTANCE OF THIS AGREEEMENT AND WAIVER, YOU ARE AFFIRMING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND WAIVER AND FULLY UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE SIGNING THE AGREEMENT AND WAIVER FREELY AND VOLUNTARILY, AND INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.