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  • More
    • Home
    • Race Guide
    • The Courses
    • Registration
    • Results & Photos
    • Local Attractions
    • Waiver/transfers
    • Partners
    • Contact Us
    • OTHER RACES!

  • Home
  • Race Guide
  • The Courses
  • Registration
  • Results & Photos
  • Local Attractions
  • Waiver/transfers
  • Partners
  • Contact Us
  • OTHER RACES!

LEGAL STUFF

REFUND POLICY

Unfortunately we are a no-refund event.  Costs to produce the races are typically spent weeks and even months prior to the event. Thank you for understanding. With that said, you may still be in luck!  

If the event is forced to change the date of an event, you have two options if we change the date of an event (not related to a weather cancellation):

  1. If the new date works for you, great news! You are automatically registered for the event that day. Watch for more exciting race day specifics that will be emailed to you a month before the event.
  2. If the new date does NOT work for you, please contact us and our awesome customer service reps will help you by transferring your registration to another event. 


DEFERRAL/TRANSFER OPTIONS

If you cannot participate in an event you are registered for, for any reason, you may defer to a future event in the same calendar year for a small transfer fee.  

If you defer to a future event the following year, you will receive a 50% credit from your original purchase price.  

Transferring from athlete to athlete is NOT allowed or available through our registration system. Event Waiver Release & Refund Policy


WEATHER POLICY

In the event that weather or other unforeseeable conditions are deemed by event organizers, and/or City Officials to be potentially hazardous to participants and volunteers, the organizers reserve the right to modify the event, postpone the start time or cancel the event outright. Cancellation of the event may take place either prior to the start of the event or at any time while the event is taking place. There will be no refunds or deferrals for weather related cancellations.


WAIVER & RELEASE FORM

Below is a copy of the information you agree to at the time of registration. 

Waiver & Release Form


Please read any waiver carefully. It includes a release of liability and waiver of legal rights and deprives you of the ability to sue certain parties. Do not agree to this document unless you have read and understood it in its entirety. By agreeing electronically, you acknowledge that you have both read and understood the text presented to you as part of the registration process.  You also understand and agree that events carry certain inherent dangers and risks, which may or may not be readily foreseeable, including without limitation personal injury, property damage or death.  Your ability to participate in the event(s) is/are subject to your agreement to the waiver and by agreeing herein, you accept and agree to the terms of the waiver and release agreement. By indicating your acceptance, you understand, agree, warrant, and covenant as follows:


ALL PARTICIPANTS IN THE EVENT AND RELATED EVENTS ARE REQUIRED TO ASSUME ALL RISK OF PARTICIPATION BY AGREEING TO THIS RELEASE AT TIME OF ONLINE REGISTRATION OR BY SIGNING THIS RELEASE AND WAIVER OF LIABILITY AGREEMENT

The undersigned athlete (“Athlete”) on behalf of himself/herself and on behalf of the Athlete’s personal representatives, assigns, heirs, executors, hereby fully and forever releases, waives, discharges and covenants not to sue Skol Sporting Management, Skol Events, the race organizer, management company, individual, and/or municipality associated directly or indirectly with this event, including all municipal agencies whose property and/or personnel are used and all other sponsoring or co-sponsoring companies or individuals related to the event (collectively, “Releasees”) from all liability to the Athlete and his/her personal representatives, assigns, heirs, and executors, for all loss(es) or damage(s) and any and all claims or demands therefore, on account of injury to the Athlete or property or resulting in the death of an Athlete, whether caused by the active or passive negligence of all or any of the Releasees or otherwise, in connection with the Athlete’s participation in the event.  The Athlete represents and warrants that he/she is in good physical condition and is able to safely participate in the event.  The Athlete is fully aware of the risks and hazards inherent in participating in the event and hereby elects to voluntarily compete in the event, knowing the risks associated with the event, including, without limitation, weather conditions such as high heat and/or humidity, wind, hail, rain, snow, flood, traffic and the condition of the road, all such risks being known and appreciated by the Athlete.  The Athlete hereby assumes all risks of loss(es), damage(s), or injury(ies) that may be sustained by him/her while participating in the event.  The Athlete agrees to the use of his/her name and photograph in broadcasts, newspapers, brochures, and other media compensation.  The Athlete acknowledges that the entry fee is non-refundable and non-transferable.  In the event the event is delayed or prevented by reason of fire, threatened or actual strike, labor difficulty, work stoppage, pandemic, insurrection, war, public disaster, flood, unavoidable casualty, acts of God or the elements (including, without limitation, hurricanes, floods, tornadoes and earthquakes), or any other cause beyond the control of the race organizer and management, there shall be no refund of the entry fee or any other costs of the Athlete in connection with the event.   The Athlete warrants that all statements made herein are true and correct and understands that Releasees have relied on them in allowing the Athlete to participate in the Marathon.

BY COMPLETING THE REGISTRATION PROCESS IN ANY FORM (ONLINE, IN-PERSON, MAIL, ETC), THE ATHLETE HAS READ THE FOREGOING AND INTENTIONALLY AND VOLUNTARILY AGREES TO THIS RELEASE AND WAIVER OF LIABILITY AGREEMENT.


USATF Waiver & Release

For and in consideration of USA Track & Field, Inc. (“USA Track & Field” or “USATF”) allowing me, the registrant, to participate in the USA Track & Field sanctioned event I am registering for herein (the “Event” or “Events”); I, for myself, and on behalf of my spouse, children, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement (the “Agreement”);

  1. I hereby represent that (i) I am at least eighteen (18) years of age (or this Agreement is also agreed to by my parent, natural guardian, or legal guardian (the “Guardian”)); (ii) I am in good health and in proper physical condition to participate in the Event; and (iii) I am not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in the Event. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Event, that I am responsible for my own safety and well-being at all times and under all circumstances while at the Event site.
  2. I understand and acknowledge that participation in track & field, road running, race walking, cross country, mountain, ultra, and trail running Events is inherently dangerous and represents an extreme test of a person’s physical and mental limits. I understand and acknowledge the risks and dangers associated with participation in the Event and sports of track & field and related activities, including without limitation, the potential for serious bodily injury, sickness and disease (including communicable disease), permanent disability, paralysis and loss of life; loss of or damage to equipment/property; exposure to extreme conditions and circumstances; contact with other participants, spectators, animals or other natural or manmade objects; dangers arising from adverse weather conditions; imperfect course or track conditions; land, water and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Event Organizers (as defined in Section 4 below); and other undefined, not readily foreseeable and presently unknown risks and dangers (“Risks”). I understand that these Risks may be caused in whole or in part by my own actions or inactions or the actions or inactions of others participating in or organizing the Event, and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I incur as a result of my participation in any Event, except to the extent caused by the gross negligence and/or willful misconduct of any of the Released Parties (as defined in Section 4 below).
  3. I agree to be familiar with and to abide by the Rules and Regulations established for the Event, including but not limited to the Competition Rules adopted by USA Track & Field and any safety regulations established for the benefit of all participants. I accept sole responsibility for my own conduct and actions while participating in the Event, and the condition and adequacy of my equipment.
  4. I hereby release, waive and covenant not to sue, and further agree to indemnify, defend and hold harmless the following parties, as relevant and applicable in each instance: USATF, its members, clubs, associations, sport disciplines and divisions; United States Olympic Committee (USOC); the event directors, the host organization and the facility, venue and property owners or operators upon which the Event takes place; and any other organizers, promoters, sponsors, advertisers, coaches and officials for this Event; law enforcement agencies and other public entities providing support for the Event; and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers (Individually and collectively, the “Released Parties” or “Event Organizers”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and attorneys’ fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate in any way to my participation in the Event, except to the extent caused by the gross negligence and/or willful misconduct of any of the Released Parties. I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liabilities which may be incurred as the result of such claim, except to the extent caused by the gross negligence and/or willful misconduct of any of the Released Parties, as relevant and applicable in each instance.
  5. As a condition of my participation in the Event, I hereby grant USA Track & Field, the event director and host organization a limited license to use my name, likeness, image, photograph, voice, video, athletic performance, biographical and other information (collectively, “Likeness”), in any media platform or format whatsoever, and to distribute, broadcast and exhibit these without charge, restriction or liability, but only for the purposes of advertising or promoting the Event, USATF, or the sport of Athletics. The foregoing grant, however, does not constitute consent for USATF or any third party to use my Likeness in an endorsement of any product or service without my specific written consent.

I hereby warrant that I (or the Guardian, if I am under the age of 18) am of legal age and competent to enter into this Agreement, that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by accepting it (including the rights of my spouse, children, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have accepted this Agreement without any inducement, assurance or guarantee, and intend for my acceptance to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

If the participant is under the age of 18, the Guardian hereby agrees to release and discharge the Released Parties as follows: a) The Guardian acknowledges and understands that the Event is inherently dangerous and represents an extreme test of a person’s physical and mental limits. Further, the Guardian acknowledges and understands the Risks, as defined above. b) The Guardian acknowledges the rights waived by both the Guardian and the participant by accepting this Agreement. c) The Guardian acknowledges that the Guardian will indemnify the Released Parties from any and all Liability which may arise out of, result from, or relate in any way to the participant’s participation in the Event, except to the extent caused by the gross negligence and/or willful misconduct of any of the Released Parties.

Copyright © 2021 Red Mountain50k Skol Sporting Management, LLC

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