I know that running in a road race, triathlon or other event is a potentially hazardous activity. I should not enter and run unless I am medically able and properly trained. I assume all risks associated with running or participating in this event including, but not limited to: falls, contact with other participants, the effects of the weather, including high heat and/or humidity, traffic and the conditions of the road or trail, all such risks being known and appreciated by me. Having read this waiver and knowing these facts and in consideration of your accepting my entry to participate in this race (hereinafter referred to as the "Event") on displayed date (or on such date as may be determined in the event of a postponement of the Event) in the displayed city and state, I, intending to be legally bound, do hereby for myself, my heirs, my executors and administrators agree as follows:

1. I do waive and forever release any and all rights and claims for any damages and liabilities of any kind arising out of my participation in the Event against all persons, entities, and agencies involved with promoting the Event, their agents, successors, representatives, and assigns even though that liability may arise out of negligence or carelessness on the part of the persons named in this waiver.

2. Further, I assume the risk of all bodily injuries, including death, resulting therefrom, and personal injuries to me and damage to and loss of my property, including loss of use thereof and any other indirect or consequential damages, resulting directly or indirectly, wholly or in part, from my participation in the Event and while traveling to and from the Event;

3. Further, I hereby agree to indemnify, defend, and hold all entities involved in the event harmless from and against any and all claims, liabilities, losses, damages, costs, expenses (including attorney's fees), judgments and penalties arising out of any of my acts or omissions to act;

4. Further, in the event that the participant is a person under 18 years of age, the agreed to parent or legal guardian of the participant agrees to indemnify, defend, and hold harmless the entities named in paragraph numbered 1 above from and against all claims, liabilities, losses, damages, costs, expenses (including attorney's fees), judgments, and penalties arising out of the participant's participation in the Event.

5. Indemnification. You agree to indemnify and hold each of the Event organizers and it's 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 participation in the Event or the violation of any term of this Liability Waiver or the Events Terms of Service by you.
Finish

6. Photo Release: I grant to Nibley City, its representatives and employees the right to take photographs of the the participant, participating Parent(s)/Guardian(s), and or spectators in my party regardless of age, along with the personal property in connection with these individuals. I authorize Nibley City, its assigns and transferees to copyright, use and publish the same in print and/or electronically. I agree that Nibley City may use such photographs of me with or without my name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and Web content.

IMPORTANT - LIABILITY WAIVER AGREEMENT, Participant/Parental Statement of Agreement. Including COVID-19 and Additional Assumption of Risks, Liability Release, Indemnification and Refund Policy

"1. I hereby recognize and acknowledge that my and/or my child(rens) participation in recreational activities conducted through the Nibley City Recreation Department may involve bodily injury and exposure to communicable diseases of any kind, including without limitation the novel coronavirus COVID-19, which injury or exposure may result in severe illness or even death to me and/or my child (the Risks). In consideration of me or my child(ren) being able to participate in activities, I, for myself, my child(ren), my heirs, my executors, administrators, and assigns, hereby voluntarily and knowingly agree to indemnify and hold harmless, defend, release, waive and discharge Nibley City and the Nibley City Recreation Department, their respective administrators, officers, employees, volunteers, directors, agents, coaches, coordinators and instructors of programs on contract with Nibley City and the Nibley City Recreation Department, and other employees or volunteers of these organizations, sponsoring agencies, advertisers, and, if applicable, owners and lessors of premises used to conduct the activities, all of which are hereinafter referred to as Releasees, from any and all suits, claims, demands, damages, costs or fees that may arise out of or result from my or my child(rens) participation in said recreational activities including actions authorized by Paragraph 4, below. I agree that I or my insurance company will pay for all medical, hospitalization, or any other expenses resulting from my or my child(rens) participation in such activities.
2. The undersigned agrees that prior to participation I will: a. inspect the facilities and/or equipment to be used, and if I believe anything is unsafe, I will immediately advise management, the coach or supervisor, of such condition(s) and refuse to participate; b. agree that as the parent(s) or legal guardian(s), I will instruct my minor child(ren) prior to participating, to inspect the facilities and equipment to be used, and if my child(ren) believes anything is unsafe, they will immediately advise his or her coach or supervisor of such condition(s) and refuse to participate. I represent and warrant that (1) I and my child(ren) are in good health and in a physical condition capable of participating in the recreational activities conducted through Nibley City Recreation Department and using the equipment and facilities provided by the same, (2) I have adequate medical or other insurance to cover and pay for any possible injury that may occur to me or the minor children, including without limitation any intensification or exacerbation of injury resulting from any preexisting medical or physical condition, (3) I am the parent or guardian of the minor children I have registered to participate, and (4) I and the minor children will read and follow all rules of recreational activities, equipment, and facilities of Nibley City, including without limitation, the rules posted on signs within the field or facility being used and any rules or restrictions promulgated or imposed by the Governor of the State of Utah or the State or local departments of health related to the novel coronavirus COVID-19 or any other pandemic.
3. I hereby assume the Risks and accept personal responsibility for the damages following any injury, permanent disability or death resulting therefrom.
4. I hereby authorize the staff/coaches of the Nibley City Recreation Program to act in my behalf in accordance with their best judgment in case of an emergency. In the event that I or my child(ren) sustain injury or illness while participating, I hereby authorize any first aid, medication, or medical treatment deemed necessary by the staff, coaches and/or licensed medical personnel to be performed on me or on my behalf, and/or on my child(ren), if I am not immediately able or available to do so. I agree to assume full responsibility for all expenses, medical or otherwise, that may arise there from. I understand that I or my insurance company will be responsible for and pay for such emergency treatment.
5. I hereby consent, for me and for my child(ren) to allow our picture and/or likeness, to appear in any official documentary, promotional, exclusive television, radio or film coverage on the Recreation Department in any manner incidental to my participation in the activities of the Nibley City Recreation Department without compensation to me or to my child(ren).
7. Refund Policy: The Nibley City Recreation Department may withhold 25% of any refund due or resulting from any recreation program for administrative costs. No refunds will be given after a coach meeting for the league has been held, or after first day of the program (whichever comes first). All refunds must be requested in writing either electronic or hard copy requests are accepted. Refunds will be issued according to City Policy, including refund payments must be returned to the individual that paid for the registration.
8. As used in this entire document, I shall include we, he, she, or they, and they, he, she, or we, shall include I, my, myself, me or mine shall include our, theirs, his, her and our, theirs, his, her shall include my, myself, me or mine, and the masculine shall include the feminine, and the feminine the masculine, and the plural shall include the singular, and the singular, plural, all when the context so requires.
By signing this document, electronically or otherwise, I acknowledge having read the Parent/Guardian Agreement, Participant/Parental Statement of Agreement, Including COVID-19 and Assumption of Risks, Liability Release, and Indemnification. I understand its contents and disclosures, and I agree to abide by the terms and to abide by the rules and regulation as set forth and as established or amended by city management. I also acknowledge that I have read and understand the Concussion and Traumatic Head Injury Information Sheet and the Concussion and Traumatic Head Injury Policy, and that I agree to abide by the City's Concussion and Traumatic Head Injury Policy.
I have read the waiver and liability release included with this form (front & back); I understand its contents and disclosures and I agree to its terms.
"

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.