Oregon Rides & Events, LLC & Barrett Race Services, LLC
Waiver and Release of Liability, Defense, Indemnity, and Hold Harmless
COVID-19 Policy, Directives, Waiver and Release of Liability, Defense, Indemnity, and Hold Harmless
Regarding your intent to register for and attend a Oregon Rides & Events (“OR&E”) running gathering and/or event (“the event” or “events”):
This Waiver and Release of Liability / Defense, Indemnity, and Hold Harmless Agreement (the “Agreement”) affects your legal rights. Please read this in its entirety, and seek legal counsel about its effect on your legal rights if you deem necessary.
A Waiver and Release of Liability / Defense, Indemnity, and Hold Harmless Agreement is required for all persons participating in or attending the event (“Participants”), whether the Participant will be Running (“Runner” or “Runners”), attending the event(s) as a Walker, or as a Volunteer or Team Volunteer for the event. As used throughout this Agreement, “Participant” or “Participants” include Runners, Walkers, and Volunteers/Team Volunteer. While we hope for your registration in the event, you acknowledge that there are countless places to run & walk, including trails, parks, streets, and camping opportunities near the event, and therefore you may engage in the same or similar activities outside of this event, during the dates of this event or on most any other dates throughout the year. Participants agree and acknowledge that their participating in and/or attending this event, and engaging in all OR&E activities during event, are for the principal purpose of recreation.
Throughout this agreement, “Released Parties” shall mean Oregon Rides & Events, LLC, Barrett Race Services, LLC, and their owners, partners, employees, directors, officers, agents, volunteers, affiliates, event site/trail land owners, and related entities.
Application / Registration:
Participants shall follow these rules and agree to be bound by the terms and conditions of this Agreement. If any part of this Agreement is or becomes illegal or invalid, then the parties intend that the remainder of this Agreement shall not be affected.
The event shall take place “rain or shine,” and no refund will be offered due to inclement weather. While we will try to hold to any posted schedule, OR&E may change the time of any event, or details regarding the event, for whatever reason OR&E deems necessary.
During running & walking events, and at all times during the overall event, Participants must conduct themselves in a reasonable and safe manner in relation to themselves and their own safety, and in relation to other participants. While OR&E does not accept responsibility for any Participant’s safety, in the sole discretion of OR&E, a Participant’s right to admission and/or participation in the event, or in any particular event, may be revoked, without refund.
Risks to Runners & Walkers; Assumption & Acceptance of Risk
All Runners & Walkers acknowledge that running & walking – whether on an off-road trail, road, path, or otherwise – poses an inherent risk of injury, and all Runner & Walkers accept sole responsibility for any injuries, and for their overall safety. All Runners & Walkers acknowledge that running & walking, and particularly off-road trail running, requires a minimum baseline of fitness, skill and proficiency, and that off-road trail running may not be appropriate for first time or novice runners, or those with an insufficient fitness or skill level for any particular trial, or a particular segment of a trail. Some off-road trails and distances may require intermediate skills, advanced skills, or even expert skills.
Regardless of skill level, injuries are an inherent part of running & walking, and particularly of off-road trail running. All Runners & Walkers acknowledge they are solely responsible for determining whether they are qualified to run/walk any particular trail, or a particular segment of a trail.
All Runners & Walkers acknowledge that, regarding off-road running trials, they will be running/walking on unpaved and extremely uneven, rough roads or trails which may not have guard or safety railings, likely have not been professionally designed, engineered, or maintained, and which may not have not been designed, engineered, or maintained as running/walking trails / may be multi-use bike and/or hiking and/or horse-riding trails, and that by their very nature, may have sharp turns, switchbacks, loose gravel or other loose surfaces, sudden obstacles such as rocks, trees, branches, streams, or drop offs, and by their very nature may result in an injury, including but not limited to collisions with trees, rocks, the ground, rocky ground, other objects – including runners/walkers, hikers on-trail, going off trail, going off trail and downhill, or countless other potential hazards and possibilities that could result in injury. All Runners & Walkers acknowledge that off road trails are typically unmarked as to the route, upcoming terrain changes or obstacles, nor are they marked as to the required skill level for any particular trail or segment of trail. All Runners & Walkers accept these realities, and each Runner/Walker is solely responsible for running/walking within their own limits regarding skill, speed, terrain, fitness, and all other aspects of their running/walking.
All Runners & Walkers agree not to leave designated and obvious trails, and not to go off-trail. All Runners & Walkers agree to avoid – commensurate for the Runners & Walkers - reckless and excessive speed or maneuvers, and particularly to avoid reckless and excessive speed or maneuvers around other Runners & Walkers, and around others that may be on-trail.
All runners and walkers agree to abide by the decisions of the race directors and/or the designated medical staff of this event. If a runner or walker is judged to be physically or medically unfit to participate or unfit to continue to participate the runner or walker will drop from the event.
All Runners & Walkers accept these responsibilities, and agree they are solely responsible for their safety, the safety of Runners & Walkers who are minors in their charge, and for any injuries sustained to them, minors in their charge, or to other Runners & Walkers, or to hikers on-trail, caused by the Runners & Walkers actions.
Runners & Walkers are encouraged to aide other Runners & Walkers and act in the spirit of support and comradery that OR&E events aim to foster.
Health Insurance – Have It !
Because injuries are an inherent part of running/walking, and particularly of off-road trail running/walking, it is recommended that all Runners & Walkers have adequate health insurance when participating in the OR&E event. OR&E registration and participation does not provide you any medical, health or accident insurance, and medical costs or related costs to you shall not be the responsibility of OR&E under any circumstances.
On Site Vendors, Gear Companies, and Third-Party Clinic or Activity Providers
Participants agree OR&E is not responsible for the actions or inactions of onsite vendors, gear company(s), or third-party clinic or activity providers present at OR&E. All transactions between Participants and vendors/gear company(s)/third-party clinic or activity providers are transactions separate and independent from OR&E, have no privity of contract involving OR&E, and this Agreement shall apply regarding any claim by Participant against OR&E stemming from any transaction or interaction between Participant and vendors/gear company(s)/third-party clinic or activity providers, including but not limited to vendors/gear companies/third-party clinic or activity providers providing services, activities, clinics, classes, events, selling or giving food or beverages to Participant.
COVID-19 Policy, Directives, Waiver and Release of Liability, Defense, Indemnity, and Hold Harmless
Participant understands the hazards of the novel coronavirus (“COVID-19”) and is familiar with the Centers for Disease Control and Prevention (“CDC”) guidelines regarding COVID-19. Participant acknowledges and understands that the circumstances regarding COVID-19 are changing from day to day and that, accordingly, the CDC guidelines are regularly modified and updated and Participant accepts full responsibility for familiarizing themselves with the most recent updates.
Without limiting Participant’s assumption of the general risks described above, Participant specifically understands and acknowledges the following with regard to the novel coronavirus, COVID-19:
1. COVID-19 has been declared a worldwide pandemic by the World Health Organization;
2. COVID-19 is an infectious virus that is extremely contagious and spreads easily through person-to person contact and/or by contact with contaminated surfaces and objects, and even possibly in the air;
3. Those infected with COVID-19 may show no symptoms and still spread the disease, including through interpersonal communications and sharing spaces with others;
4. COVID-19 can cause serious and potentially life-threatening illness and even death.
5. Based on guidance from public health authorities, Oregon Rides & Events, LLC has issued, and the Released Parties are implementing, regulations and protocols to be followed by those who attend the event held by the Released Parties, and these include but are not necessarily limited to: maintaining a safe personal distance of at least six feet between other people, wearing face coverings when this distance cannot be maintained, and frequently washing hands and surfaces;
6. Released Parties in no way warrant that the foregoing regulations and protocols or any other protective measures prescribed as a condition to my engaging in Activity will completely prevent exposure to the COVID-19 virus;
7. Participation in OR&E, OR&E activities or Runs, or accessing the property or facilities owned or managed by Released Parties could increase my risk of contracting COVID-19.
8. Participant agrees to follow all event regulations and protocols and all public health and safety guidelines, fully recognizing that Released Parties cannot protect Participant from becoming exposed to, contracting, or spreading COVID-19 while participating in an OR&E event.
9. Notwithstanding the foregoing, Participant hereby chooses to accept, and freely and voluntarily assumes, the risk of being exposed to, contracting and/or spreading COVID-19 in order to participate in the Activity.
10. Notwithstanding the risks associated with COVID-19, which Participant readily acknowledges, Participant hereby willingly chooses to participate in OR&E activities or Runs.
11. Participant acknowledges and fully assumes the risk of illness or death related to COVID-19 arising from being on the premises and participating in OR&E activities or Runs.
Assumption of Risk, Release, Waiver, Indemnity, and Hold Harmless
Participant/Runners/Walkers/Volunteers hereby freely and expressly assumes any and all risk of property damage, injury, sickness, illness, and death associated with the event, vendors/gear company(s)/third-party clinic or activity providers, and/or running/walking and/or COVID-19.
In consideration for event access and the use of any event related area facilities, premises, trails, and events and activities during OR&E, Participant/Runners/Walkers/Volunteers hereby agrees to waive, release from liability, hold harmless, defend and indemnify (including costs and attorney’s fees) OR&E and its owners, partners, employees, directors, officers, agents, volunteers, affiliates, event site/trail land owners, and related entities (Released Parties) from any and all claims by or on behalf of Participant and/or Runner/Walker arising directly or indirectly out of Participant’s/Runner’s/Walker’s registration, attendance, and/or use of the event area, event area facilities and premises related to OR&E, events and activities during OR&E, routes/trails, including but not limited to running/walking, OR&E scheduled runs/walks and/or exposure to COVID-19. Participant/Runners/Walkers/Volunteers also agrees to waive, release from liability, hold harmless, defend and indemnify (including costs and attorney’s fees) OR&E and its owners, partners, employees, directors, officers, agents, volunteers, affiliates, event site/trail land owners, and related entities from any claim brought on behalf of a minor in Participant’s/Runner’s/Walker’s/Volunteer’s charge.
This release is effective on the date Participant/Runner/Walker/Volunteer signs the registration, and its effect is continuing without limitation.
All Participant(s) named on this application must read and sign the application, and participants under 18 require the signature of an authorized parent or legal guardian before their registration will be accepted.
PHOTO RELEASE
OR&E may have still and/or video cameras, videographers and photographers at the event. In exchange for being able to attend the event Participant grants to OR&E the irrevocable and unrestricted right to use and publish video/photographs of me, or in which I may be included, for editorial, trade, advertising, and any other commercial or other purpose and in any manner and medium; and to alter and composite the same without restriction and without my inspection or approval. I hereby release OR&E from all claims and liability relating to said video/photographs.
All participants named on this application must read and sign the application. Participants under 18 require the signature of an authorized parent or legal guardian (please refer to indemnification language in contract).
I have read and accept the OR&E Waiver and Release from Liability, Defense, Indemnity, and Hold Harmless and COVID-19 related terms and conditions.
