2019成都双遗马拉松参赛声明

2018-12-11 24 点赞 0

组委会特别提醒:请所有参赛者报名之前务必认真、仔细阅读《2019成都双遗马拉松参赛声明》。在您提交报名信息后即被默认为您已阅读、理解并遵守《2019成都双遗马拉松参赛声明》的一切内容,同意及提交声明。

作为参赛者,我本人或我的监护人、管理人、法定代理人以及任何可能代表我提起赔偿请求或诉讼的人做出以下声明:

· 一、我自愿参加2019成都双遗马拉松参赛声明及一切赛事相关活动(以下统称“比赛”),我确认本人具有参加比赛相应的民事行为能力和民事责任能力,或者已获得监护人的同意。

· 二、 我确认全面理解并同意遵守组委会及协办机构(以下简称“组委会”)所制订的各项规程、规则、规定、要求及采取的措施。

· 三、我确认已认真阅读了组委会就参赛者参加比赛可能发生的一切风险(包括但不限于因本次运动所可能产生的人身伤亡风险)的提示,我在此明确同意将自行承担参加比赛所可能存在的风险和责任。

· 四、我承诺已通过国家认证的医疗机构进行体检,确认自身身体和精神健康状况符合参加比赛的各项要求。我愿意承担自身的意外风险责任,并确认不会就活动中发生或引发的自身意外、死亡或任何形式的损失向组委会提出赔偿或追究责任。

· 五、我同意在比赛中遵守裁判、医疗人员和安保人员的要求,在关门时间未完成比赛、身体不适及赛道出现突发状况时主动退出比赛,并承担因本人坚持比赛所产生的全部责任与后果。

· 六、我同意接受组委会在比赛期间提供的现场急救性质的医务治疗,但在医院救治等发生的相关费用由我自理。

· 七、我授权组委会在赛事组织和推广中无偿使用本人的姓名、肖像、声音和其它个人资料。

· 八、我同意组委会以我为被保险人所购买的保险合同内容,我承诺在比赛过程中所发生的意外受伤或死亡事故只接受保险公司的赔偿,本人及和我有关系的任何人都不追究组委会任何责任。

· 九、我承诺本人所提供的报名信息真实无误,并同意报名费用支付后不退回。

· 十、本人确认充分理解上述条款,并承认此声明书具有法律效力。

· 十一、本人同意此声明书解释权归组委会。

· 十二、本人或本人的监护人、管理人、法定代理人已全面理解和同意以上内容,保证本人参赛身份/年龄的真实性,此文件由本人或本人的监护人、管理人、法定代理人同意。冒名代签将被视为违约行为,本人、本人的监护人、管理人、法定代理人及冒名者将承担由此引起的全部法律及赔偿责任。


ACKNOWLEDGMENT AND ASSUMPTION OF RISKS & RELEASE AND INDEMNITY AGREEMENT

[2019 Chengdu Panda Marathon]

INTRODUCTION

Please read this entire Acknowledgment and Assumption of Risks & Release and Indemnity Agreement (hereafter “Form”) carefully before signing.  Each participant, and if the participant has not attained the legal age of majority, a parent/natural guardian/legal guardian of the minor participant (minors are those under 18 yrs. of age), must sign this Form.  The participant or, if applicable, the participant’s parent/natural guardian/legal guardian, is referred to herein as “I” or “my”.  I acknowledge that I have legal authority to act on behalf of myself, or if the participant is a minor that I have the legal authority to act for the minor on his/her behalf, and that the child is under 18 years of age.  In consideration of the services of Chengdu Shuangyi Sports Industry Development Co. Ltd. and its related parties, in allowing me/my child to participate in the Operator competitive event and other activities (hereafter “Event”), I acknowledge and agree as follows:  

ACKNOWLEDGMENT AND ASSUMPTION OF RISKS

This Event and other activities that I (or my child, as applicable) may participate in and/or assist with as a volunteer (whether simply attending, assisting, observing or actively participating) may take place indoors or outdoors and can include but not be limited to: warm-up exercises; competitive running and/or walking, both in practice and in the Event; demo-ing (trying out) gear; participation in clinics, training, demonstrations or other games and activities, attendance at any activities, use of and/or assistance with any equipment, facilities or premises and traveling in planes, vans, buses or other vehicles to and from activities (this Event and other activities collectively referred to in this Form as “activities” or “activity”).  Activities may be scheduled or unscheduled, mandatory or optional, whether or not authorized and/or conducted by Operator, structured or unstructured and include free time.  I acknowledge that the inherent and other risks, hazards and dangers (collectively referred to in this Form as “risks”) of these activities can cause injury, damage, death or other loss to me, my child or others.  I give permission for my child to participate in and/or assist with all Operator activities and agree to discuss this Form, and specifically, the activities and inherent risks, with my child.  The following describes some, but not all of the inherent risks, as applicable to participant’s activities: 

Risks in any competitive or athletic activity.  Training for, practicing or competing in endurance or other events and associated with running and other conditioning involves frequent and repetitive use of the arms and legs, extreme fitness and endurance, and pushing the limits of the participant’s speed and abilities.

Risks present in an outdoor environment.  Participants may be subject to: high altitude or mountainous terrain; severe storms or bad weather such as lightning, strong winds, rain, hail, snow and ice; extremely hot or cold weather; stinging, venomous and/or disease carrying animals or insects and other natural or man-made hazards. Hazards may not be marked or visible and weather is always unpredictable.

Risks involved in decision making and conduct.  These risks include the risk that an Operator staff member, representative, volunteer, contractor, or co-participant may misjudge a participant’s capabilities, health, or physical condition, misjudge some aspect of instruction, medical treatment, weather, terrain, or route location, or, that one of those persons may not warn participant (and/or participant’s legal guardian) about one or more of the inherent risks of these activities.

Running risks. These risks include the risk of losing control and falling to the ground, colliding with objects or people (including co-participants, volunteers, or spectators) on land, tripping or falling down, or encountering other road/trail hazards.

Personal health and participation risks.  The risk that a participant’s mental, physical or emotional condition (including any use or abuse of alcohol or prescription or non-prescription drugs), whether disclosed or undisclosed, known or unknown, combined with participation in these activities could result in injury, damage, death or other loss.  Although Operator may review participant’s medical information, submitted in the registration process, Operator cannot anticipate or eliminate risks or complications posed by a participant’s mental, physical (including fitness level) or emotional condition.

Risks connected with location. Activity location may cause or contribute to delays or difficulties in communication, transportation, evacuation or medical care.  

Risks associated with premises.  Ruts, holes, rocks, uneven ground or other conditions may exist in and around the activities.  

Supervision and activities risks.  I understand that neither Operator nor any of their staff, representatives, volunteers, contractors or anyone associated with them will be supervising participant during the activities or at any time.  Adult participant agrees he/she is solely responsible for his/her own well-being at all times; or, if applicable, a participant’s legal guardian agrees to take sole responsibility for participant’s supervision before, during and after the Event and other activities, including during free time and at all other times.

Risks regarding conduct.  The potential that participant, co-participant/s and/or third party/s may act in a negligent or intentional manner.

Drone risks.  I understand that unmanned aerial vehicles (“UAVs”, also known as “drones”) may be used at the Event for media or other purposes and accept the risk of a collision with, and any damage or injury relating to, any UAV.

Risk regarding criminal/terrorist activity. The potential that third party/s may commit criminal acts or acts of terrorism. 

These and other risks may result in participants or an attending parent: falling partway or falling to the ground; being struck; colliding with objects (e.g., a UAV) or people; experiencing bicycle or vehicle collision or rollover; reacting to high altitudes, weather conditions or increased exertion; becoming lost or disoriented; suffering gastro-intestinal complications or allergic reactions or experiencing other problems. These and other circumstances may cause heat or cold related illnesses or conditions (including hypothermia, frostbite, hyperthermia, or heat exhaustion/stroke); dehydration; hyponatremia; high altitude sickness; heart or lung complications; broken bones; paralysis or other permanent disability; mental or emotional trauma; concussions; sunburn or other burns or other injury, damage, death or loss -- before, during or even after the participant participates in the Event or other activities.

I understand and agree:  

· I (together with my child, as applicable) will review all materials received, accurately complete and agree to the registration information, documents and process, and obey all rules and policies.  These rules and policies include USA Track & Field (“USATF”) Competitive Rules (including USATF’s Doping Control Rules), Operator’s Competition Rules (including Operator’s Doping Control Rules), as the foregoing may be amended, and all traffic laws;   

· My (or my child’s, as applicable) final acceptance and participation in the Event is contingent upon Operator’s receipt and review of all required information and forms, including this Form;

· before participating in any activities, I (and my child, if applicable) may inspect the race course, facilities, equipment, and areas to be used, if my child and I choose. I will immediately advise Operator or an Event official if I believe or become aware that the race course facilities, equipment or areas to be used in the Event are unsafe;

· I am (or my child is, as applicable) fully capable of participating without causing harm to himself or herself or others.  I further agree that participating in these activities requires extreme fitness and endurance, that I, in conjunction with my (or my child’s, if applicable) physician, am responsible for determining whether these activities are appropriate for myself (or my child, as applicable), before participation;

· Operator contracts with individuals or organizations that are independent contractors (not its employees or agents) to provide some of the Event services and to conduct some of the activities participants will engage in. I acknowledge that Operator does not supervise or control these independent contractors and is not legally liable or responsible for their conduct. In addition, activities take place on premises or at facilities not owned or controlled by Operator, and Operator does not oversee or take responsibility for any aspect or condition of these independent facilities or premises;  

· the information provided in this Form is not exhaustive, other unknown or unanticipated activities, inherent or other risks and outcomes may exist, and Operator cannot assure my (and my child’s, if applicable) safety or eliminate any of the risks. I understand I can and should consult Operator representatives if I have further questions about the activities or the associated risks;

· I am (or my child is) voluntarily participating, and I (and my child) acknowledge the inherent risks in connection with the activities. Therefore, I agree that I (and my child, if applicable) assume and accept full responsibility for the participant, for the inherent and other risks (both known and unknown) of the activities, and for any injury, damage, death or other loss suffered by me or my child, resulting from those inherent and other risks, including but not limited to the risk of my, my child’s (if applicable), a co-participant’s, a Released Party’s, a spectator’s, a volunteer’s, and/or a third party’s passive or active negligence or intentional or other misconduct.

RELEASE AND INDEMNITY

Please read Parts A and B carefully. This Release and Indemnity section contains a surrender of certain legal rights.  

Part A:  To the extent allowed by applicable law, I for myself (and also for my child participant, if applicable), agree as follows:

· to release and not to sue Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteers, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors and representatives and all other persons or entities associated or involved with the activities (individually and collectively referred to in this Form as the “Released Party” and "Released Parties"), with respect to any and all claims, liabilities, suits or expenses (including attorneys’ fees and costs) (collectively referred to in this Form as “claim” or “claim/s”) that I may have, for any injury, damage, death, lost property, stolen property, or other loss in any way connected with my (or my child’s) enrollment or participation in and/or assistance with the activities, including use of and/or assistance with any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; any breach by the Released Parties of statutory duty; and/or losses resulting from the inherent or other risks of the activities. I understand I agree here to waive all claim/s I may have (for myself and my child) against the Released Parties and agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any loss I may suffer, if I (or my child) suffer injury, damage, death or other loss; to defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me, (my participating child) or other family member/s, a co-participant or any other person, for any injury, damage, death, lost and/or stolen property or other loss in any way connected with my, or my child’s, enrollment or participation in and/or assistance with the activities, including without limitation use of and/or assistance with any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; any breach by the Released Parties of statutory duty; and/or losses resulting from the inherent or other risks of the activities.  

This Release and Indemnity section Part A includes but is not limited to claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim, including claim/s resulting from the negligence of Released Parties, whether passive or active.

Part B:  If the participant is a minor, I (the minor participant’s parent) for and on behalf of my participating minor child, agree as follows: I agree here to waive and release, in advance, any claim or cause of action against the Released Parties that would accrue to my minor child for personal injury, including death, and property damage resulting from an inherent risk in the activity.  

NOTICE TO THE MINOR CHILD'S NATURAL GUARDIAN

READ THIS FORM COMPLETELY AND CAREFULLY.  YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY.  YOU ARE AGREEING THAT, EVEN IF THE RELEASED PARTIES USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED.  BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD'S RIGHT AND YOUR RIGHT TO RECOVER FROM THE RELEASED PARTIES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THE RELEASED PARTIES HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.  

To the extent allowed by applicable law, I agree to indemnify the Released Parties for any attorneys’ fees and costs incurred by them in defending a claim or suit brought by or on behalf of my child (whether that claim or suit is initiated by me, my child or another party) that an arbitrator or court determines is barred under applicable law, or, if the claim is withdrawn or dismissed.

OTHER PROVISIONS

I understand and agree:

· Any dispute or claim/s I (or my child) may have arising out of, relating to or in connection with this Form, my (or my child’s) enrollment or participation in the activities, or any other aspect of my (or my child’s) relationship with Operator: 1) will be governed by Florida substantive law (without regard to its “conflict of law” rules) and 2) unless settled by direct discussions, will be determined by binding arbitration as the sole and final remedy for all matters in dispute, administered by the American Arbitration Association (“AAA”) in accordance with applicable Arbitration Rules as interpreted and governed by the Florida Arbitration Code.  AAA arbitrator/s knowledgeable in the field and in commercial matters, acceptable to both the participant and Operator, will conduct the arbitration.  Required Venue:  I agree that any arbitration proceeding, or any suit or other proceeding must be filed, entered into and/or take place only in Tampa, Florida.  

· If I am signing as the participant’s legal guardian, I have the legal authority to act for the participant and on his/her behalf.  If my guardian status is challenged or found invalid, I will release, agree to defend and indemnify, and not to sue any of, the Released Parties, to the fullest extent allowed by law and per the provisions of this Form, just as if I were the participant’s lawful guardian. 

· In regard to my or my child’s relationship with Operator, I agree that the contents of this Form will take precedence over any other forms or contracts I or my child may sign (for parties other than Operator) in connection with these activities.

· The athlete information packets (which contain each athlete’s race bib and timing chip) must be picked-up by the registered athlete in person at the scheduled athlete check-in prior to the Event. I hereby acknowledge that photo identification will be required to check-in and pick-up my athlete information packet.

· I authorize Operator staff, representatives, contractors or other medical personnel (including but not limited to P.Z. Pearce, M.D. and any other medical director(s) of the Event) to obtain or provide medical care for me/my child, to transport me/my child to a medical facility, and to provide treatment (including but not limited to evacuation, hospitalization, blood transfusions, surgery and medications) they consider necessary for my (or my child’s) health. I agree to pay all costs associated with that care and transportation. I agree, under the Health Information Portability and Accountability Act (HIPAA) to the release (to or by Operator, USATF, P.Z. Pearce, M.D. and any other medical director(s) of the Event, insurance carriers, other health care providers and their staff, representatives or contractors) of any medical information or records necessary for treatment, referral, billing or other purposes.

· Operator reserves the right, in its sole discretion, to dismiss any participant from the activities, to deny or revoke entry of any applicant at any time, to issue special entries, and/or to disqualify any participant from the Event.  If I or my child is dismissed or departs for any reason, I agree that I am responsible for all costs of early departure whether for medical reasons, dismissal, personal emergencies or otherwise.  If my or my child’s Event entry application is denied or revoked, I agree that Operator is not responsible for costs incurred or damages suffered by me, my child, or my family in excess of the amount of the entry fee.

· I acknowledge and agree that Operator, in its sole discretion (whether for safety reasons, legal reasons, or any other reason), may: (a) at any time, with or without notice, change or modify the race course, distances, routes, elevation, ascents, difficulty level, or any other race-course or Event aspect; or (b) delay, modify, or cancel the Event for any reason, including if it believes the conditions are unsafe or otherwise unsuitable for the Event. If the race course or the Event is delayed, modified, or cancelled for any reason, including but not limited to acts of God or the elements (including without limitation, wind, rough water, rain, hail, hurricane, tornado, earthquake), acts of terrorism, fire, threatened or actual strike, labor difficulty, work stoppage, insurrection, war, public disaster, flood, unavoidable casualty, race course conditions, or any other cause beyond the control of Operator, there will be no refund of Operator's entry fee or any other costs incurred in connection with the Event.

· I grant to Operator, and each of their affiliates, designees and assignees the right and permission to photograph, film, record and/or otherwise capture in any media the name, image, voice, written statement, photograph and/or visual likeness of me, my child, and/or my family members (collectively “images”), with right to sublicense, during the activities or otherwise, without compensation, for use for any purpose in any media throughout the world in perpetuity, including but not limited to use in broadcasts, photographs, publications, podcasts, webcasts, motion pictures, brochures, CDs, DVDs, internet websites, social media platforms, television, and/or in any related commercial, informational, educational, advertising, or promotional materials. I understand that all ownership and copyright rights in the images will be owned by Operator and I waive any inspection or approval rights. I understand and agree that my (or my child’s) name, bib number and race results will be available to the public during and after the Event.

· Operator may assign this Form to other entity/s or individual/s (“assignees”) at any time, and any such assignment will grant assignees the full rights and protections accorded in this Form, consistent with Operator’s and other Released Parties rights and protections under this Form.

· If I sign this Form both on-line and on-site, I agree that the on-site version of this Form, as that version may be amended from the on-line version, will be binding and control. I also understand that I (and my child) may be required to sign a version of this Form on-site.

· This Form is effective in regard to participant’s enrollment or participation in the activities from the date signed through the completion of all activities, and this Form will remain in full force and effect following completion of all activities.

· This Form is intended to be interpreted and enforced to the fullest extent allowed by law.  If any portion of this Form is deemed unlawful or unenforceable, it will not affect the enforceability of the remaining provisions, and those remaining provisions will continue in full force and effect.

I, participant and parent/guardian of a minor participant agree:  I have carefully read, understand and agree to voluntarily sign this Form and acknowledge that it shall be effective and legally binding upon me (and if I am participant’s legal guardian, participant), and my/participant’s, spouse, children and other family members, and my/participant’s heirs, executors, representatives, subrogors and estate.  The adult participant (or his/her legal guardian) must complete all information and sign below.


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