TERMS & AGREEMENT
By indicating your acceptance, you understand, agree, warrant and covenant as
follows:
WE HEREBY AGREE THAT THE CONNECTICUT OUTDOOR CHALLENGE
ITS MEMBERS OR OFFICERS SHALL NOT BE LIABLE FOR ANY INJURY OR
LOSS WHICH MY CHILD MAY SUSTAIN WHILE PARTICIPATING IN
ACTIVITIES OF ANY KIND WHETHER SPONSORED BY OR UNDER THE
SUPERVISION OF SAY AND WE AGREE TO INDEMNIFY AND TO HOLD
HARMLESS SAY, ITS MEMBERS, COACHES, OFFICERS OR DESIGNATES
OF ANY KIND FROM ANY CLAIM WHATSOEVER.
CONNECTICUT OUTDOOR CHALLENGE REGISTRATION AGREEMENT AND
LIABILITY WAIVER (the “Agreement and Waiver”)
1. Authority to Register and/or to Act as Agent. You represent and warrant to the
Connecticut Outdoor Challenge that you have full legal authority to complete this
event registration on behalf of yourself and/or any party you are registering (the
“Registered Parties”), including full authority to make use of the credit or debit
card to which registration fees will be charged. As used in this Agreement and
Waiver, Connecticut Outdoor Challenge and any and all subsidiaries, affiliated
entities, or entities that control or are controlled by Connecticut Outdoor
Challenge singly or together and its officers, employees, contractors,
subcontractors and agents.
If you are registering a child under the age of 18 or an incapacitated adult you
represent and warrant that you are the parent or legal guardian of that party and
have the legal authority to enter into this agreement on their behalf and by
proceeding with this event registration, you agree that the terms of this
Agreement and Waiver shall apply equally to all Registered Parties. By
registering a child under 13, you agree and consent to the collection of that
child’s information which you provide for the purposes of registration.
2. Waiver. YOU UNDERSTAND THAT PARTICIPATION IN THE EVENT IS
POTENTIALLY HAZARDOUS, AND THAT A REGISTERED PARTY SHOULD
NOT PARTICIPATE UNLESS THEY ARE MEDICALLY ABLE AND PROPERLY
TRAINED. YOU UNDERSTAND THAT EVENTS MAY BE HELD OVER PUBLIC
ROADS AND FACILITES OPEN TO THE PUBLIC DURING THE EVENT AND
UPON WHICH HAZARDS ARE TO BE EXPECTED. PARTICIPATION CARRIES
WITH IT CERTAIN INHERENT RISKS THAT CANNOT BE ELIMINATED
COMPLETELY RANGING FROM MINOR INJURIES TO CATASTROPHIC
INJURIES INCLUDING DEATH. YOU UNDERSTAND AND AGREE THAT IN
CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE EVENT,
YOU AND ANY REGISTERED PARTY, THE HEIRS, PERSONAL
REPRESENTATIVES OR ASSIGNS OF YOU OR THE REGISTERED PARTY
DO HEREBY RELEASE, WAIVE, DISCHARGE AND CONVENANT NOT TO
SUE CONNECTICUT OUTDOOR CHALLENGE FOR ANY AND ALL LIABILITY
FROM ANY AND ALL CLAIMS ARISING FROM PARTICIPATION IN THE
EVENT BY YOU OR ANY REGISTERED PARTY.
3. Limitation of Liability; Disclaimer of Warranties. CONNECTICUT OUTDOOR
CHALLENGE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING
FROM (A) THE USE OR THE INABILITY TO USE CONNECTICUT OUTDOOR
CHALLENGE OR (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES OR (C) RESULTING FROM ANY GOODS OR
SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED
INTO THROUGH CONNECTICUT OUTDOOR CHALLENGE OR (D)
RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE,
EVEN IF CONNECTICUT OUTDOOR CHALLENGE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT
USE OF CONNECTICUT OUTDOOR CHALLENGE IS AT YOUR SOLE RISK.
CONNECTICUT OUTDOOR CHALLENGE IS PROVIDED ON AN “AS IS” AND
“AS AVAILABLE” BASIS. CONNECTICUT OUTDOOR CHALLENGE
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
Connecticut Outdoor Challenge makes no warranty that the Connecticut Outdoor
Challenge sites’ services will be uninterrupted, secure or error free. Connecticut
Outdoor Challenge does not guarantee the accuracy or completeness of any
information in, or provided in connection with, the Connecticut Outdoor Challenge
sites. Connecticut Outdoor Challenge is not responsible for any errors or
omissions, or for the results obtained from the use of such information. You
understand and agree that any material and/or data downloaded or otherwise
obtained through the use of the Connecticut Outdoor Challenge site is at your
own discretion and risk and that you will be solely responsible for any damage to
your own computer system or loss of data that results from the download of such
material and/or data.
4. Indemnification. You agree to indemnify and hold each of Connecticut Outdoor
Challenge harmless from and against any and all damages, costs, claims or
demands, including reasonable attorneys’ fees, made by any third party due to or
arising from or relating to your use of Connecticut Outdoor Challenge or the
violation of any term of this Agreement and Waiver as well as the Terms of
Service located at: http://www.ctoutdoorchallenge.com/rules.html by you.
5. Applicable Law; Consent to Jurisdiction. The Connecticut Outdoor Challenge
site (excluding linked sites) are controlled by Connecticut Outdoor Challenge
from its offices within the State of Connecticut, United States of America. By
completing this event registration, both you and Connecticut Outdoor Challenge
agree that the statutes and laws of the State of Connecticut, without regard to the
conflict of laws principles thereof, will apply to all matters relating to this event
registration, this Agreement and Waiver, the Terms of Use or other use of the
Connecticut Outdoor Challenge site. You agree that exclusive jurisdiction for any
dispute with Connecticut Outdoor Challenge resides in the courts of the State of
Connecticut and you further agree and expressly consent to the exercise of
personal jurisdiction in the courts of the State of Connecticut in connection with
any dispute including any claim involving Connecticut Outdoor Challenge or its
affiliates, subsidiaries, employees, contractors, officers, directors,
telecommunication providers and content providers.
6. Severability. You further expressly agree that this Agreement and Waiver is
intended to be as broad and inclusive as is permitted by the law of the State of
Connecticut and that if any provision of this Agreement and Waiver shall be
found to be unlawful, void, or for any reason unenforceable, then that provision
shall be deemed severable from this Agreement and Waiver and shall not affect
the validity and enforceability of any remaining provisions.
BY INDICATING YOUR ACCEPTANCE OF THIS AGREEEMENT AND
WAIVER, YOU ARE AFFIRMING THAT YOU HAVE READ AND UNDERSTAND
THIS AGREEMENT AND WAIVER AND FULLY UNDERSTAND ITS TERMS.
YOU UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS,
INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE
SIGNING THE AGREEMENT AND WAIVER FREELY AND VOLUNTARILY,
AND INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE AND
UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT
ALLOWED BY LAW.