Sunday, October 7, 2018

Terms & Participant Agreement

JT WALK & BEACH PARTY AND TREASURE HUNT PARTICIPANT AGREEMENT

READ THIS DOCUMENT CAREFULLY BEFORE COMPLETING YOUR ORDER. THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS.

“Event” means the The JT Walk and Beach Party and Treasure Hunt event.

“Released Parties” means Gold Key PHR, The Virginia Gentlemen Foundation, and the City of Virginia Beach; all Event and photograph sponsors and advertisers; governmental bodies and/or municipal agencies whose property and/or personnel are used; and any and all parent, subsidiary or affiliate companies, licensees, officers, directors, partners, board members, supervisors, employees, contractors, insurers, agents, volunteers, equipment suppliers and representatives of any of the foregoing.

“Releasing Parties,” “I,” or “me” means all of the named participants registered for the Event as part of this transaction, as well as anyone who might claim or sue on the participants’ behalf, including but not limited to parents, guardians, heirs, next of kin and any legal or personal representatives, executors, administrators, successors, and assigns.  If an adult is registering minors participants in the Event as part of this transaction, then the adult completing this transaction represents to the Released Parties that it has the authority to enter this Agreement on the minor participants’ behalf and agrees to indemnify, defend, and hold harmless the Released Parties from an against any claims arising from the adult’s breach of such representation.

As lawful consideration for being permitted by the Released Parties to participate in the Event, and other good and valuable consideration, the receipt and sufficiency of which I hereby acknowledge, I agree to all the terms and conditions set forth in this JT Walk & Beach Party and Treasure Hunt Participant Agreement (this “Agreement”).  I understand and agree that by electronically signing the Agreement or by checking the box that acknowledges my acceptance of these terms, I am representing to the Released Parties that I have read, understood, and agree to be legally bound by this Agreement.

I. Photography and Video Release

I hereby grant permission to the Released Parties to photograph, and to record audio and/or video of, my image, likeness, voice, or depiction and that of my minor children (if applicable), and to edit, crop, retouch, and make derivative works from such photographs and recordings, and I waive any right to inspect the final photographs and recordings. I hereby consent to and permit such photographs and recordings of me and those of my minor children (if applicable) to be used by the Released Parties worldwide for any purpose, including advertisement purposes, and in any medium, including but not limited to print and electronic. I understand that the Released Parties may use such photographs or recordings with or without associating names thereto. I further waive any claim for compensation of any kind the Released Parties’ use or publication of photographs or recordings of me and those of my minor children (if applicable). I hereby fully and forever discharge and release the Released Parties from any claim for damages of any kind (including, but not limited to, invasion of privacy; defamation; false light or misappropriation of name, likeness or image) arising out of the use or publication of photographs or videos of me and those of my minor children (if applicable) by the Released Parties, and covenant and agree not to sue or otherwise initiate legal proceedings against the Released Parties for such use or publication. I understand and agree that all grants of permission and consent, and all covenants, agreements and understandings contained herein are irrevocable.

II. Assumption of Inherent Risks

The Event involves environments and activities that may present a physical and mental challenge to participants, including but not limited to extreme heat or cold, humidity, sand, and water, running or walking, walking on sand, or climbing sand hills or stairs.  

I acknowledge that the Event may be a test of my physical and mental limits that carries with it inherent risks of physical injury. These inherent risks are risks that cannot be eliminated completely (without changing the challenging nature of the Event) regardless of the care and precautions taken by the Released Parties.

I understand and acknowledge that these inherent risks include, but are not limited to: (1) contact or collision with persons or objects (including spectators or course personnel), contact with other participants, contact or collision with motor vehicles or machinery and contact with natural or man-made fixed objects or obstacles; (2) encounters with obstacles (e.g., natural and man-made sand hills, road and surface hazards; (3) equipment related hazards (e.g., broken, defective or inadequate competition equipment, unexpected equipment failure, imperfect course conditions); (4) weather-related hazards (e.g., extreme heat, humidity, cold, rain, fog); (5) inadequate first aid and/or emergency measures; and (6) erratic or inappropriate co-participant behavior, erratic or inappropriate behavior by myself and errors in judgment by personnel working the Event.

I further understand and acknowledge that any of these inherent risks and others not specifically named may cause injuries that may be categorized as minor, serious or catastrophic. Minor injuries are common and include, but are not limited to, scrapes, bruises, sprains, nausea and cuts. Serious injuries are less common, but do sometimes occur. They include but are not limited to, property loss or damage, broken bones, torn ligaments, concussions, exposure, heat-related illness, mental stress or exhaustion, infection and concussions. Catastrophic injuries are rare; however, participants should be aware of the possibility that such an injury can occur at an Event. These injuries can include permanent disabilities, spinal injuries and paralysis, stroke, heart attack, and death.

I understand that it is my responsibility to inspect the course, facilities, equipment, and areas to be used, and if I believe or become aware that any are unsafe or pose unreasonable risks, I agree to immediately notify appropriate personnel.  By participating in the Event, I am acknowledging that I have found the course, facilities, equipment, and areas to be used to be safe and acceptable for participation. I accept full and sole responsibility for the condition and adequacy of my equipment.

I understand fully the inherent risks involved in the Event and assert that I am willingly and voluntarily participating in the Event. I have read the preceding paragraphs and acknowledge that (1) I understand the nature of the Event; (2) I understand the physical and mental demands that this activity will place upon me; and (3) I understand that I may be injured by participating in the Event. I hereby assert that I knowingly assume all of the inherent risks of the activity and take full responsibility for any and all damages, liabilities, losses or expenses that I incur as a result of participating in the Event.

III. Inclement Weather and Force Majeure Events

The Event will not be canceled due to rain alone unless the downpour is such that participants, Event officials, police, and/or volunteers lose visibility or there is a threat of flash flooding, making situations unsafe.  I understand and agree that I will not be refunded the Event fees if I cannot, or choose not to, participate in the Event due to weather.  If the Event is canceled due to severe weather (lightning, tornado warning, excessive rain, etc.) during the Event, the Released Parties will do what they can to alert everyone at the Event.  However, I understand that if I see lightning or experience severe weather during the Event, it is my responsibility to keep the Releasing Parties safe and take shelter immediately.  I also understand and agree that I will not receive a refund of the Event fees if the need for cancellation arises due to circumstances not within the reasonable control of the Released Parties, including but not limited to severe weather, an Act of God, flood, fire, or explosion; war, terrorism, invasion, riot, or other civil unrest; national or regional emergency; labor strikes; passage of law or governmental order, rule, regulation, or direction, or any action taken by a governmental or public authority.

IV. Participant Representations

  1. I represent that I am in good health and in proper physical condition to safely participate in the Event. I certify that I have no known or knowable physical or mental conditions that would affect my ability to safely participate in the Event or that would result in my participation creating a risk of danger to myself or to others.
  2. I represent that I have not been advised or cautioned against participating by a medical practitioner.
  3. I understand that it is my responsibility to continuously monitor my own physical and mental condition during the Event and I agree to withdraw immediately and to notify appropriate personnel if at any point my continued participation would create a risk of danger to myself or to others.
  4. In the Event of an injury to me that renders me unconscious or incapable of making a medical decision, I authorize appropriate Released Parties’ personnel and emergency medical personnel at the Event to make emergency medical decisions on the Releasing Parties’ behalf, including any minor children (if applicable).
  5. I authorize the Released Parties to secure emergency medical care or transportation (i.e., EMS) when deemed necessary by the Released Parties and I agree to assume all costs of such care and transportation.
  6. Participant authorizes the Released Parties to release medical information about the Released Parties, including any minor children (if applicable), to the extent that the Released Parties determine, in their sole discretion, that such release is necessary or may be helpful for the treatment of the Released Parties.
  7. I acknowledge that the Released Parties have instituted rules for the protection of myself and my co-participants. I agree to familiarize myself with those rules and follow them throughout the Event. I also recognize the authority of the Released Parties to terminate my participation (and, if necessary, have me removed from the premises) if my participation, conduct or presence endangers myself or my co-participants in the Released Parties’ sole discretion.

V. Waiver of Liability for Negligence

IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE EVENT, I (ON BEHALF OF THE RELEASING PARTIES) HEREBY FOREVER WAIVE, RELEASE, COVENANT NOT TO SUE AND DISCHARGE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS RESULTING FROM THE INHERENT RISKS OF THE EVENT OR THE NEGLIGENCE OF THE RELEASED PARTIES THAT I MAY HAVE ARISING OUT OF MY PARTICIPATION IN THE EVENT, INCLUDING BUT NOT LIMITED TO CLAIMS ARISING FROM (1) PERSONAL INJURY (INCLUDING DEATH) FROM INCIDENTS OR ILLNESSES ARISING FROM THE EVENT PARTICIPATION, INCLUDING INJURY DURING COURSE INSPECTION, OBSERVATION, THE EVENT AND WHILE ON THE PREMISES (INCLUDING, BUT NOT LIMITED TO THE BEACH, PARK, SIDEWALKS, PARKING AREAS, RESTROOMS, AND DRESSING FACILITIES); AND (2) ANY AND ALL CLAIMS RESULTING FROM DAMAGE TO, LOSS OF, OR THEFT OF PROPERTY.

VI. Indemnification

I hereby agree to hold harmless, defend and indemnify the Released Parties from any and all claims made by me (or any Releasing Party) arising from injury or loss due to the Releasing Party’s participation in the Event. This applies both to claims arising from the inherent risks of the Event and the negligence of the Released Parties.

I further agree to hold harmless, defend, and indemnify the Released Parties against any and all claims of co-participants, rescuers and others arising from the Released Parties’ participation in the Event and any medical treatment provided by or authorized by the Released Parties.

VII. Venue and Jurisdiction

I understand and agree that this Agreement is intended to be as broad and inclusive as is permitted by law and that if any provision shall be found to be unlawful, void or for any reason unenforceable, that provision shall be severed from this Agreement without affecting the validity and enforceability of any remaining provisions.

VIII. Severability

I understand and agree that this Agreement is intended to be as broad and inclusive as is permitted by law and that if any provision shall be found to be unlawful, void or for any reason unenforceable, that provision shall be severed from this Agreement without affecting the validity and enforceability of any remaining provisions.

IX. Mediation and Arbitration

In the Event of a legal claim or dispute between the Releasing Parties and Released Parties, I agree to engage in good faith efforts to mediate any dispute that might arise. Should the issue not be resolved by mediation, then any controversy or claim arising out of or relating to this Agreement, the breach thereof or my participation in the Event, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

X. Entire Agreement.

This Agreement constitutes the sole and entire agreement of the Released Parties and me, with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. This Agreement is binding on and shall inure to the benefit of the Released Parties and me and their respective successors and assigns.