By registering for the 2021 charity run / walk organized by National Court Appointed Special Advocate / Guardian Ad Litem Association for Children (“National CASA/GAL”), I agree as follows.
- Waiver of Liability. I know that participating in a running and walking event is a potentially hazardous activity. None of the people I register (“Registrants”) should enter or participate unless they are medically able and properly trained. I assume all risks associated with their participation in this event, ranging from minor injuries to catastrophic injuries, including, but not limited to tripping and falling, contact with other participants, the effects of weather, traffic and the conditions of the road and death, all such risks being known and appreciated by me, and acknowledge that they cannot be eliminated completely. Having read this waiver and knowing these facts and in consideration of acceptance of my entry, I, for myself and anyone entitled to act on my behalf, waive and release National CASA/GAL from all claims or liabilities of any kind arising out of Registrants’ participation in this event, including but not limited to if that liability arises out of negligence or carelessness on the part of Registrants. As used in this Agreement and Waiver, “National CASA/GAL” refers to National Court Appointed Special Advocate / Guardian Ad Litem Association for Children and any and all subsidiaries, affiliated entities, or entities that control or are controlled by National Court Appointed Special Advocate / Guardian Ad Litem Association for Children singly or together and their respective trustees, employees, sponsors, volunteers, contractors, subcontractors, authorized representatives, licensee, and agents, and the representatives and successors of each of the foregoing.
- Use of Name, Image, and Likeness. I hereby consent to the use by National CASA/GAL Association of the name, photo, likeness, image, handwriting, testimonial, and/or sound or video recording of each Registrant in any media now known or hereafter devised, including but not limited to images posted by me or others on other sites or platforms (collectively, “Content”) to promote or publicize National CASA/GAL business both internally and externally. I also hereby grant a gratis, perpetual, worldwide and irrevocable license to National CASA/GAL to use the Content in any manner or media, including, but not limited to, reproduction, sale, exhibition, copying, broadcast, performance, and distribution of the Content to promote its activities. I acknowledge and agree that National CASA/GAL may edit or combine the Content with other images, video, audio, text, and other media. I hereby release National CASA/GAL from any and all liability for its use of the Content and waive all claims and causes of action against National CASA/GAL arising from the use of the Content. I disclaim all rights of ownership, privacy, publicity, and attribution and moral rights in the Content. I expressly disclaim all rights to all value and benefits National CASA/GAL may gain through the use of the Content.
- Cancellation of Event. National CASA/GAL reserves the right to cancel or reschedule the event for any reason. In the event of event cancellation and/or reschedule, National CASA/GAL has no obligation to refund any registration fees, other moneys paid, or donations, and shall not be held responsible for any losses or damages that might happen due to the event cancellation and/or reschedule.
- Limitation of Liability for Registration Site. NATIONAL CASA/GAL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE THE WEBSITE FOR REGISTERING FOR THE EVENT (“NATIONAL CASA/GAL REGISTRATION SITE”) 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 OR THROUGH THE NATIONAL CASA/GAL SITE OR (D) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MY TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF NATIONAL CASA/GAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. I EXPRESSLY AGREE THAT USE OF THE NATIONAL CASA/GAL REGISTRATION SITE IS AT MY SOLE RISK.
- Disclaimer of Warranties for Registration Site. THE NATIONAL CASA/GAL REGISTRATION SITE IS PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. NATIONAL CASA/GAL 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. National CASA/GAL makes no warranty that the National CASA/GAL Registration site’s services will be uninterrupted, secure or error free. National CASA/GAL does not guarantee the accuracy or completeness of any information in, or provided in connection with, the National CASA/GAL Registration site. National CASA/GAL is not responsible for any errors or omissions, or for the results obtained from the use of such information. I understand and agree that any material and/or data downloaded or otherwise obtained through the use of the National CASA/GAL Registration site is at my own discretion and risk and that I will be solely responsible for any damage to my own computer system or loss of data that results from the download of such material and/or data.
- Indemnification. I agree to indemnify, defend, and hold National CASA/GAL harmless from and against any and all third-party damages, costs, claims or demands, including reasonable attorneys’ fees, due to or arising from or relating to my use of the National CASA/GAL Registration Site, any malware, viruses, or other security threats that I introduce to the National CASA/GAL Registration Site (whether intentionally or not), or the violation of any term of this Agreement and Waiver.
- Authority to Register and/or to Act as Agent. I represent and warrant to National CASA/GAL that I have full legal authority to complete this event registration on behalf of all Registrants and submit to the terms of this Agreement and Waiver on their behalf, including full authority to assume and waive liability and to make use of the credit or debit card to which fees will be charged.
- 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 legal guardian of that party and 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 Registrants. By registering a child under 13, I agree and consent to the collection of that child’s information, which I provide for the purposes of registration.
- Applicable Law; Consent to Jurisdiction. By completing this event registration, both I and National CASA/GAL agree that the statutes and laws of the State of Washington, without regard to the conflict of laws principles thereof, will apply to all matters relating to this event registration, this Agreement and Waiver, or other use of the National CASA/GAL Registration Site. I agree that exclusive jurisdiction for any dispute with National CASA/GAL resides in the courts of the State of Washington and I further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Washington in connection with any dispute including any claim involving National CASA/GAL.
- Severability. I further expressly agree that this Agreement and Waiver is intended to be as broad and inclusive as is permitted by the law of the State of Washington 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.
I have read this Release and Waiver, I understand its contents and intend for it to legally bind me, for good and valuable consideration, receipt of which I acknowledge.