20for20n20 virtual event and Youth Resiliency Adventure virtual event
“20for20n20” means a virtual athletic event to Walk, Run, or Bike 20 miles for $20 in 2020, and “Youth Resiliency Adventure” means a month-long virtual athletic event to either run, walk, or bike a personal distance goal, both of which are hosted by the Foundation of Compassionate American Samaritans that officially operates as Lord’s Gym Ministries, The Greater Cincinnati Tri-State Area and its employees, agents, contractors, and officers (collectively, “FOCAS”). 20for20n20 and Youth Resiliency Adventure, although two separate events, are referred to herein as the “Events.” The Events are held to raise funds, increase awareness of drug addiction, and encourage healthy physical, emotional, and spiritual growth. Participant (as defined below) acknowledges that they are freely and voluntarily participating in the Events and are solely deciding and determining when and how they participate (including dates/times and selected routes) in either or both of the Events. The Events involve potentially dangerous and physically demanding activities and Participant is solely responsible for self-monitoring their health, avoiding any potentially dangerous activities/situations and imposing any necessary restrictions or limitations to ensure their safe participation. Participant agrees to fully release and hold harmless FOCAS from any injuries, damages, claims or causes of action resulting from Participant’s voluntary participation in the Events.
An Entrant/Eligible Participant is referred to as the “Participant” and is, at times, referred to as a “Rider,” “Walker,” and/or “Runner” depending on the activity(ies) being performed in the Events.
“Content” refers to photos and blogs uploaded to Participant’s profile page on the FOCAS or Youth Resiliency Adventure website.
Terms and Conditions
This waiver’s terms and conditions govern Participant’s participation in the Events and by entering into and/or participating in the Events, Participant accepts and agrees to fully comply with this waiver’s terms and conditions.
Participant must be a lawful U.S. citizen aged 18 or over (or who, if under 18, has received and presented the express written approval from a parent or legal guardian) and who has personally (or, if under 18, whose parent or legal guardian has) agreed to all this waiver’s Terms and Conditions during registration and prior to participating in the Events.
FOCAS may, in its sole and absolute discretion and without giving reasons for its decision, accept or refuse an application for registration in the Events and may seek verification of compliance with the Terms and Conditions in whatever manner it sees fit.
20for20n20 involves walking, running, or biking 20 miles as soon as possible between the time the participant registers and September 30th. Youth Resiliency Adventure involves setting a personal ride, walk, or run distance target to achieve over the course of the month of October. Participant should seek professional advice from a medical professional before setting their personal goal and participating in the Events.
Health & Safety
Participant is responsible for ensuring that they have adequately and appropriately prepared both physically and mentally for the Events and by entering into/participating in either or both of the Events, Participant represents and warrants that they have done so and that they are unaware of any illness, injury, physical disability, or impairment that may cause them illness, injury or death during the Events. If Participant has any health issues or doubts prior to or during the Events, Participant covenants that they will immediately seek appropriate medical advice and assistance.
If, during the Events, Participant becomes ill or is injured, Participant warrants that they will immediately stop participating in the Events until they have sought the advice of a medical professional and been fully released by that professional to again participate in the Events. Participant warrants that they will not participate in the Events if they have any symptoms of the novel Coronavirus (“COVID-19”) (including a fever of 100.4⁰F or more, a new or worsening cough, shortness of breath or trouble breathing, diarrhea, muscle pain, sore throat, headache, loss of taste or smell, chills or repeated shaking) and warrants that they will immediately stop participating in the Events if they develop any symptoms of COVID-19.
Compliance with State/Local Laws
During the Events, Participant will comply with all traffic and road laws in the jurisdiction where they participate and follow any directions issued by law enforcement officers.
Participant, if choosing to ride a bicycle, warrants that they will always wear a U.S.A. standard cycling helmet while riding a bicycle during the Events. Participant also warrants that the bike will be equipped and configured with the appropriate lighting and reflective equipment.
Waiver and Acknowledgment
The Events are SELF-MONITORED and not directed by FOCAS or any other entity. There is no Designated or “Official” Schedule, Course, Route, or Location. Participant acknowledges and agrees that running, walking, and cycling are potentially dangerous activities, and that they participate in the Events at their own risk. The risks associated with participating in the Events include, but are not limited:
(a) Participant may be involved in a collision with people, animals, vehicles, and/or other objects;
(b) Participant may suffer harm from physical exertion;
(c) Participant’s bicycle may malfunction and the Rider may fall;
(d) the Rider may otherwise fall from their bicycle;
(e) Participant may suffer from the effects of heat, cold, wind, rain, and other weather conditions; or
(f) Participant may be exposed to COVID-19.
Each of these risks may result in Participant suffering harm including , but not limited to, death, physical or mental injury, disability, property damage, and economic loss. There may be other risks to Participant, including injury caused to other parties or damage caused to the property of other parties. It is Participant’s responsibility to ensure that they abide by all road and safety rules, including wearing appropriate clothing and safety equipment, such as helmets, brightly colored vests, and lighting, as required by the state and local laws in the jurisdiction when they participate in the Events.
Release, Indemnity, and Exclusions of Liability.
PARTICIPANT HEREBY RELEASES FOCAS FROM ALL CLAIMS (INCLUDING, WHERE ALLOWABLE, THOSE ARISING OUT OF FOCAS’ SOLE OR PARTIAL NEGLIGENCE), LOSS, DAMAGE, LIABILITY, COST, AND EXPENSE DIRECTLY OR INDIRECTLY ARISING OUT OF PARTICIPANT’S PARTICIPATION IN THE EVENTS. PARTICIPANT INDEMNIFIES FOCAS AND HOLDS IT HARMLESS AGAINST ANY CLAIM (INCLUDING BUT NOT LIMITED TO THOSE ARISING IN NEGLIGENCE), LOSS, DAMAGE, LIABILITY, COST, AND EXPENSE THAT MAY BE INCURRED OR SUSTAINED BY PARTICIPANT IN CONNECTION WITH ANY ACTION OR OMISSION BY FOCAS OR WHICH WAS IN ANY WAY CONNECTED WITH THE PARTICIPANT’S INVOLVEMENT IN THE EVENTS.
Nothing in this waiver’s terms and conditions excludes, restricts, or modifies any term, condition, warranty, guarantee, right, or remedy which cannot lawfully be excluded, restricted, or modified.
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO INSTANCE WILL FOCAS BE LIABLE TO THE PARTICIPANT FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE.
Content and Data
Participant agrees that while FOCAS will provide access to a mobile application to record distances logged by Participant, FOCAS cannot be held responsible for the loss of data recorded by Participant.
FOCAS does not claim ownership of content that Participant may submit or make available for inclusion on https://www.yradventure.com. With respect to such content, Participant hereby grants FOCAS a worldwide, perpetual, irrevocable, royalty-free, and non-exclusive license, as applicable, to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display and otherwise exploit such content for the purposes of promoting the Events and any ensuing functions associated with or resulting from the Events.
Privacy and Personal Information
Participant grants this consent until such a time as they withdraw their consent by notifying FOCAS in writing. Participant can also gain access to, update, or correct any personal information held by FOCAS, or request that FOCAS take down or delete any such personal information, by contacting FOCAS at FOCAS@focas-us.org or (513) 621-6300.
By entering into/participating in the Events, Participant agrees and understands that:
(a) they may be contacted by FOCAS (or an agent of FOCAS) to provide comments about the Events and FOCAS (or its agent) may take photos or recordings of them;
(b) FOCAS may use any comments obtained from them, their name, and/or likeness and any photos or recordings of them (“the Materials”) for FOCAS’s promotional and marketing purposes without further reference or compensation to them;
(c) FOCAS may duplicate, alter, adapt, publicly display, publicly perform, and otherwise utilize the Materials at any time, anywhere, and by any means (including communicating them to the public in any media, including social media platforms such as Facebook, Instagram, LinkedIn, Snapchat, TikTok, and Twitter). FOCAS may license, authorize or otherwise transfer the rights in the Materials to others to do the same;
(d) Participant grants to FOCAS on creation of the Materials a worldwide, perpetual, royalty-free, exclusive, and irrevocable license to use the Materials for whatever purpose it determines; and
(e) they unconditionally and irrevocably:
i. consent to any act or omission that would otherwise infringe any of their moral rights in the materials (as may be provided for under relevant law and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given (“Moral Rights”); and
ii. waive all Moral Rights in the Materials; and
iii. agree not to institute, maintain, or support any claim or proceeding for infringement of their Moral Rights in the Materials.
Participant’s entry into the Events is personal and Participant has no right to transfer or assign that entry.
If for any reason, including but not limited to COVID-19, either or both of the Events cannot be held as planned, FOCAS reserves the right to take any action, including cancelling, modifying, or suspending the Events. FOCAS shall not refund any Participant’s entry fee if the Participant cannot participate in either or both of the Events due to illness.
Any Participant who engages in any unlawful or improper conduct that jeopardizes or is likely to jeopardize the fair or proper conduct of the Events, or who does not comply with the entry process, will be ineligible to participate in the Events.
FOCAS reserves the right to disqualify Participants who fail to comply with this waiver’s Terms and Conditions.
FOCAS reserves the right to modify these Terms and Conditions at any time without prior notice. Continued participation in either or both of the Events after a change in these Terms and Conditions will be deemed to be Participant’s acceptance of the modified Terms and Conditions. Participant agrees to periodically check back with the Events website
(https://www.yradventure.com/) to ensure that they remain aware of any changes to these Terms and Conditions.