|By clicking on "I Agree," you agree, warrant and covenant as follows:
|RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
READ CAREFULLY – THIS AFFECTS YOUR LEGAL RIGHTS
By registering for a Via Marathon event (the “event” or the “race”), I agree, warrant and covenant as follows:
1. Waiver and Release
In consideration of Via’s acceptance of this event registration, I, the undersigned, do hereby waive and release from liability Via Events, Inc. and its affiliates, Via of the Lehigh Valley, Inc., Via Foundation, Inc., Super Race Systems, Freedom High School, the City of Allentown, the City of Bethlehem, the City of Easton, the County of Lehigh, the County of Northampton, the Pennsylvania Department of Transportation, the Township of Salisbury, the Township of Bethlehem, the Township of Palmer, the Township of Lower Macungie, the Borough of Freemansburg, the Borough of Wilson and any other municipality, if any, which the event route goes through, all officials and employees, officers and directors of the aforementioned, all volunteers, sponsors, officials, race directors, and their representatives, successors, and assigns from any and all injuries, medical disorders, and/or death, damages (including but not limited to direct, indirect, incidental, special or consequential damages, including, for example, lost wages), liabilities, claims, costs and expenses arising from or in connection with my participating in this event.
2. Assumption of the Risk
I accept and fully assume all risks associated with participation in this event including but not limited to sickness, injury, fall, effects of weather, route conditions, or contact with non-participants or other participants. I attest that I am physically fit and have sufficiently trained for this event. I understand that my registration fee and all associated costs are non-refundable. I understand that if I am an early bird starter, the race course does not officially open until the official lead vehicle or lead cyclist passes me. All participants should be able to complete the course within an average of a 14-minute per mile pace. I understand that course maintenance and street closures will cease along the course based on the average 14-minute per mile pace, with all maintenance ceasing at noon.
3. Event Rules
I understand that headphones, animals on or off leashes, bicycles, skates, skateboards, baby joggers/strollers, and bandit pacers are prohibited and violation will result in disqualification. If I am walking, I agree as a walker to move aside to allow runners to pass freely. I agree to abide by any and all rulings of event officials, even if such ruling results in my disqualification. I have read and understand the rules set forth by USA Track & Field (USTAF) pertaining to long distance running and agree to abide by them.
4. Photographic Release
I have read and understand that any photographs, videos, or other records of this event, which may include my name, image or voice, become the property of Via Events, Inc. and its affiliates and may be used for any legitimate purpose, including but not limited to promotions benefiting Via Events, Inc. and its affiliates, Via of the Lehigh Valley, Inc. and Via Foundation, Inc.
5. Third-Party Team Registration
If I am registering third parties, I represent and warrant that I have been duly authorized to act as agent on behalf of such parties in performing this event registration. When registering a relay team or multiple participants in one transaction, all participants agree to be subject to this event registration, waiver and release.
I agree to indemnify, defend and hold Via Events, Inc. and its affiliates, Via of the Lehigh Valley, Inc. and Via Foundation, Inc., and their respective officers, directors, employees and volunteers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of or in connection with my participation in this event.
By completing this event registration, waiver and release, I agree that the statutes and laws of the Commonwealth of Pennsylvania, without regard to the conflict of laws principles thereof, will apply to all matters relating to this event, the registration and this waiver and release. I agree that exclusive jurisdiction for any dispute with Via Events, Inc. and/or its affiliates Via of the Lehigh Valley, Inc. or Via Foundation, Inc. with respect to this event registration, waiver and release resides in the courts of the Commonwealth of Pennsylvania and I further agree and expressly consent to the exercise of personal jurisdiction in the Pennsylvania courts located in Lehigh County in connection with any such dispute. If any provision of this event registration, waiver and release shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
This Release And Waiver of Liability and Indemnity Agreement constitutes the entire agreement and understanding between the parties and supersedes any and all prior agreements and understandings, oral or written, relating to the subject matter hereof. This Agreement shall be binding on the undersigned and his or her heirs, personal representatives and assigns.
I HAVE READ AND FULLY UNDERSTAND THE TERMS OF THIS EVENT REGISTRATION, WAIVER AND RELEASE. I UNDERSTAND THAT I AM VOLUNTARILY GIVING UP LEGAL RIGHTS BY CLICKING “I AGREE” OR SIGNING BELOW AND I INTEND MY CLICKING “I AGREE” OR MY SIGNATURE BELOW TO BE A COMPLETE AND UNCONDITIONAL WAIVER AND RELEASE OF LIABILITY TO THE FULLEST EXTENT ALLOWED BY LAW.