Fort Worth Zoo Waiver Statement
By indicating your acceptance, you, as the Participant, understand, agree, warrant, and covenant as follows:
Assumption of Inherent Risks
PARTICIPANT ACKNOWLEDGES THAT THERE ARE INHERENT RISKS ASSOCIATED WITH PARTICIPATION IN THE ZOO RUN. PARTICIPANT UNDERSTANDS THAT THE ZOO RUN MAY BE HELD OVER PUBLIC ROADS 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 ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ZOO RUN WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE ZOO RUN, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE.
Waiver of Liability
In consideration of permission to participate in the Zoo Run and related activities at the Fort Worth Zoo, I, on behalf of myself, my spouse, my heirs, personal representatives, or assigns, do hereby release, waive, and discharge the Fort Worth Zoological Association and the City of Fort Worth (including their officers, employees, volunteers, equipment manufacturers/vendors, and agents) (the “Released Parties”) from liability from any and all claims of whatever kind, including but not limited to ordinary negligence, arising from bodily injury, death, or property damages that relate in any way to Participant’s participation in the Zoo Run. This Agreement applies to 1) personal injury (including death) from incidents or illnesses arising from participation in the Zoo Run; 2) any and all claims resulting from the damage to, loss of, or theft of property; and 3) any claims related to registration for the Zoo Run.
Indemnification
I also agree to hold harmless, defend, and indemnify the Released Parties (that is, defend and pay any judgment and costs, including investigation costs and attorney’s fees) from any and all claims of mine, my spouse, family members, or others arising from my injury or loss due to my participation in the Zoo Run at the Fort Worth Zoo. I further agree to hold harmless, defend, and indemnify the Released Parties (that is, defend and pay any judgment and costs, including investigation costs and attorney’s fees) against any and all claims of co-participants, rescuers, and others arising from my conduct in the course of my participation in the Zoo Run at the Fort Worth Zoo.
Covenant Not To Sue
I covenant not to sue any Released Party for any present or future claim arising directly or indirectly from my participation in the Zoo Run, currently or in the future. I agree to engage in good faith efforts to mediate any dispute that might arise between me and the Released Parties. Any agreement reached will be formalized by a written contractual agreement at that time. Should the issue not be resolved by mediation, I agree that the issue will be submitted to binding arbitration in Tarrant County in the State of Texas.
Miscellaneous
In consideration of permission to participate in the Zoo Run and related activities at the Fort Worth Zoo, I grant the Association permission to use any photos or recordings of my participation in the Zoo Run for any commercial purpose.
The Zoo Run will be held rain or shine. In the event of severe weather, the Association will notify all participants of the cancellation of the Zoo Run on its webpage [www.fortworthzoo.org] and on its social media channels. However, registration is final and there will be no refunds provided for any reason.
Race Roster Registration Agreement and Liability Waiver (the "Agreement and Waiver")
1. Authority to Register and/or to Act as Agent. You represent and warrant to Race Roster, a subsidiary of Fast North Corp. (“Race Roster”) that you have full legal authority to complete this event registration on behalf of yourself and/or any party you are registering (the “Registered Parties”), including full authority to make use of the credit or debit card to which registration fees will be charged. As used in this Agreement and Waiver, Race Roster refers to Fast North Corp. and any and all subsidiaries, affiliated entities, or entities that control or are controlled by Race Roster singly or together and its officers, employees, contractors, subcontractors and agents.
If you are registering a child under the age of 18 or an incapacitated adult you represent and warrant that you are 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, you agree that the terms of this Agreement and Waiver shall apply equally to all Registered Parties. By registering a child under 13, you agree and consent to the collection of that child’s information which you provide for the purposes of registration.
2. Waiver.
YOU UNDERSTAND THAT PARTICIPATION IN THE EVENT IS POTENTIALLY HAZARDOUS, AND THAT A REGISTERED PARTY SHOULD NOT PARTICIPATE UNLESS THEY ARE MEDICALLY ABLE AND PROPERLY TRAINED. YOU 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. YOU UNDERSTAND AND AGREE THAT IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE EVENT, YOU AND ANY REGISTERED PARTY, THE HEIRS, PERSONAL REPRESENTATIVES OR ASSIGNS OF YOU OR THE REGISTERED PARTY DO HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE RACE ROSTER FOR ANY AND ALL LIABILITY FROM ANY AND ALL CLAIMS ARISING FROM PARTICIPATION IN THE EVENT BY YOU OR ANY REGISTERED PARTY.
3. Limitation of Liability; Disclaimer of Warranties.
RACE ROSTER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE RACE ROSTER 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 RACE ROSTER 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 RACE ROSTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF RACE ROSTER IS AT YOUR SOLE RISK. RACE ROSTER IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RACE ROSTER 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.
Race Roster makes no warranty that the Race Roster sites’ services will be uninterrupted, secure or error free. Race Roster does not guarantee the accuracy or completeness of any information in, or provided in connection with, the Race Roster sites. Race Roster 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 Race Roster 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.
4. Indemnification. You agree to indemnify and hold each of Race Roster 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 relating to your use of Race Roster or the violation of any term of this Agreement and Waiver as well as the Terms of Service located at: https://raceroster.com/terms-and-conditions/ by you.
5. Applicable Law; Consent to Jurisdiction. The Race Roster sites (excluding linked sites) are controlled by Race Roster from its offices within the Province of Ontario, Canada. By completing this event registration, both you and Race Roster agree that the statutes and laws of the Province of Ontario, without regard to the conflict of laws principles thereof, will apply to all matters relating to this event registration, this Agreement and Waiver, the Terms of Use or other use of the Race Roster sites. You agree that exclusive jurisdiction for any dispute with Race Roster resides in the courts of the Province of Ontario and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Province of Ontario in connection with any dispute including any claim involving Race Roster or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
6. Severability. You further expressly agree that this Agreement and Waiver is intended to be as broad and inclusive as is permitted by the law of the Province of Ontario 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.
BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT 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.
