The Graffiti Run will be held at:
Virginia Key Beach Park
4020 Virginia Beach Drive
Miami, Fl 33149
By indicating your acceptance, you understand, agree, warrant and covenant as follows:
I know that running a road race is a potentially hazardous activity and that I should not enter and run unless I am medically able and properly trained. I agree to abide by any decision of a race official relative to my ability to safely complete the run. I assume all risks associated with running in this event including, but not limited to: falls, contact with other participants, the effects of the weather, including high heat and/or humidity, traffic and the conditions of the road, all such risks being known and appreciated by me. Having read this waiver and knowing these facts and in consideration of your accepting my entry, I, for myself and anyone entitled to act on my behalf, waive and release the organizers of the race, [Company Name] affiliated charities and non-profit organizations, USATF, and all other sponsors, their representatives and successors from all claims or liabilities of any kind arising out of my participation in this event or carelessness on the part of the persons named in this waiver. Further, I grant permission to all of the foregoing to use any photographs, motion pictures, recordings, or any other record of this event for legitimate purposes.
[Company Name] REGISTRATION AGREEMENT AND LIABILITY WAIVER (the "Agreement and Waiver")
1. Authority to Register and/or to Act as Agent. You represent and warrant to [Company Name]. ([Company Name]) 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,[Company Name]refers to any and all subsidiaries, affiliated entities, or entities that control or are controlled by[Company Name]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 FACILITIES 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 COVENANT NOT TO SUE [Company Name] 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.[Company Name] SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE[Company Name]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[Company Name]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[Company Name]HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF[Company Name]IS AT YOUR SOLE RISK.[Company Name]IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.[Company Name]EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
[Company Name] makes no warranty that the[Company Name]sites' services will be uninterrupted, secure or error free.[Company Name]does not guarantee the accuracy or completeness of any information in, or provided in connection with, the[Company Name]sites.[Company Name]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[Company Name]sites 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[Company Name]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[Company Name]or the violation of any term of this Agreement and Waiver by you.
5. 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 District of Columbia 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 AGREEMENT 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. Graffiti Run Waiver ALL ATHLETES MUST READ AND SIGN. PLEASE READ CAREFULLY BEFORE SIGNING THE ACKNOWLEDGMENT, WAIVER AND RELEASE FROM LIABILITY (AWRL). I acknowledge that The Graffiti Run 5k is a test of a persons physical and mental limits and it carries with it potential for death, serious injury, and property loss. I HEREBY ASSUME THE RISKS OF PARTICIPATING IN THE GRAFFITI RUN. I certify that I am physically fit, have sufficiently trained for participation in this event, and have not been advised otherwise by a qualified health professional. I hereby take the following action for myself, my executors, administrators, heirs, next of kin, successors and assigns, or anyone else who might claim or sue on my behalf, and I expressly acknowledge that it is my intent to take these actions: (a) I AGREE to abide by the competitive rules adopted by THE GRAFFITI RUN (b) I AGREE that prior to participating in an event, I will inspect the race course, facilities, equipment, and areas to be used and if I believe any to be unsafe I will advise the person supervising the event, activity, facility, or area; (c) WAIVE, RELEASE, AND DISCHARGE FROM ANY AND ALL CLAIMS, LOSSES, OR LIABILITIES FOR DEATH, PERSONALLY INJURY, PARTIAL OR PREMANENT DISABILITY, PROPERTY DAMAGE, MEDICAL OR HOSPITAL BILLS, THEFT OR DAMAGES OF ANY KIND, INCLUDING ECONOMIC LOSSES AND LOSS AND/OR STOLEN ITEMS, WHICH ARISE OUT OF OR RELATE TO MY PARTICIPATION IN, OR MY TRAVELING TO AND FROM THE EVENT, THE FOLLOWING PERSONS OR ENTITIES: The DNS Visions, LLC and Graffiti Run Trademark sponsors, race directors, employees, event owners, volunteers, all states, cities, counties, or localities in which events or segments of events are held, and the officers, directors, employees, representatives, volunteers, and agents of any of the above even if such claims, losses, or liabilities are caused by the negligent acts or omissions of the persons I am hereby releasing or are caused by the negligent acts of any other person or entity; (d) I ACKNOWLEDGE that there will be traffic on the course route, and I ASSUME THE RISKS OF RUNNING AND PARTICIPATING IN THIS EVENT. I ALSO ASSUME ANY AND ALL OTHER RISKS associated with participating in this event including but not limited to falls, contact and/or crashes with other participants, effects of weather including heat and/or humidity, defective equipment, the condition of the roads and railroad crossings, water hazards, complications from color on clothing and person, and any hazard that may be posed by spectators of volunteers all such risks being known and appreciated by me, and I further acknowledge that these risks include risks that may be the negligence of the persons or entities mentioned above in paragraph ( c ) or other persons or entities; (e) I AGREE NOT TO SUE ANY OF THE PERSONS OR ENTITIES MENTIONED ABOVE IN PARAGRAPH ( c ) for any of the claims, losses, or liabilities that I have waived, released or discharged herein; (f) I INDEMNIFY AND HOLD HARMLESS THE PERSONS AND ENTITIES MENTIONED IN PARAGRAPH ( c ) for any and all claims made or liabilities assessed against them as a result of (i) my actions or inactions, (ii) the actions, inactions or negligence of others including those parties hereby indemnified; (iii) the conditions of the facilities, equipment, or areas where the event is being conducted; (iv) the Competitive Rules; or (v) any other harm caused by an occurrence related to the GRAFFITI RUN event; and (g) I GRANT PERMISSION for the use of my name and/or likeness relating to my participation in THE GRAFFITI RUN event, and I waive all right to any future compensation to which I may otherwise be entitled as a result of the use of my likeness; (h) I UNDERSTAND and accept that my entry fee is non-refundable under any circumstance. 1. I understand that participating in The Graffiti Run is a potentially hazardous activity where powdered color will be thrown at and around me during the course of the event. 2. I agree not to participate unless I am medically and physically able, which I am solely responsible to determine. 3. I agree to abide by any decision of a race official relative to my ability to safely complete the race, which decision is at the sole discretion of the race official and I agree lack of a decision does not create any liability whatsoever. 4. I assume all risks associated with competing in the Graffiti Run, including, but not limited to, slips, falls, contact with other participants, negligent or wanton acts of other participants, any defects or condition of premises, or color zones, the effects of the weather including high heat, cold temperatures, storms and/or humidity. All such risks being known, assumed and appreciated by me. 5. I agree that DNS Visisons, LLC is not responsible for any personal items or property that are lost, stolen, stained or damaged at or during the event. 6. I consent to emergency medical care and transportation in order to obtain treatment in the event of injury to me as medical professionals may deem appropriate. This Assumption and Release extends to any liability arising out of, or in any way connected with, the medical treatment and transportation provided in the event of an emergency. 7. I understand and agree that pets are not permitted to accompany me in the race. 8. I grant permission to DNS Visions, LLC, its affiliates and sponsors to use any photographs, motion pictures, recordings or any other record of this event for any purpose including, but not limited to, promoting, advertising and marketing purposes. Any and all photographs, motion pictures, recordings or other records of the event are the sole property of DNS Visions, LLC. 9. I understand that all entries are final with no refunds. 10. The official race directors reserve the right in any event of emergency or local or national disaster to cancel the race and in the event of cancellation or change there is no refund of entry fees. 11. Participants are expected to exhibit appropriate behavior at all times, including obeying all laws. This includes respect for all people, equipment and facilities and cooperative, positive participation. DNS Visions, LLC may dismiss, without refund, anyone whose behavior endangers safety or negatively affects a race, a person, a facility or property of any type or kind. 12. I agree to indemnify DNS Visions, LLC, its affiliates and assigns, from any and all third party claims caused in whole or in part by my actions. 13. I understand that some of the course may go through water, colored corn starch or mud, which has not been tested for chemicals or disease. 14. I assume risk of wild animals and insects that may be present on the course. Waver & Release of all claims and assumption of risk: I recognize and acknowledge that there are certain risks of physical injury to participants in The Graffiti RunTM, and I voluntarily and knowingly agree to assume the full risk of any and all injuries, damages or loss, regardless of severity, that I may sustain as a result of said participation. I further agree to waive and relinquish all claims I may have (or which may accrue to me) as a result of participating in these activities against DNS Visions, LLC including its owners, managers, officers and employees, the race officials, agents, volunteers, sponsors, and the owners and operators of the venue (hereinafter collectively referred to as "Administrators"). Participants registering for the race, programs/activities must recognize that there is an inherent risk of injury when choosing to participate in recreational activities/programs. I agree that I am solely responsible for determining if I am physically fit and/or skilled for the race or activities contemplated by this Assumption and Release. It is always advisable, especially if the participant is pregnant or disabled in any way or recently suffered an illness, injury or impairment, to consult a physician before undertaking any physical activity. I, for myself and my heirs, do hereby fully release and forever discharge the Administrators from any and all claims for injuries, including death or incapacity, illnesses, damages, expenses or loss that I may suffer arising out of, connected with, or in any way associated with the race, program or activities including injuries caused or associated with transportation to and from the event. I have read and fully understand the above important information, warning of risk, assumption of risk and waiver and release of all claims. When registering online, my online signature shall substitute for and have the same legal effect as an original form signature. PARTICIPATION WILL BE DENIED, if I have not signed this waiver before the start of the event. _______ I have read and fully understand the above important information, warning of risk, assumption of risk and waiver and release of all claims. I HEREBY AFFIRM THAT I AM EIGHTEEN (18) YEARS OF AGE OR OLDER. I HAVE READ THIS DOCUMENT AND UNDERSTAND ITS CONTENTS.
[Company Name] does not assume liability for damages as a result to the use of any service, product or any material found within this web site. This may include but is not limited to the use of the website system, any content or demonstrations accessed via this web site or any other site to which the web site may be linked to. We reserve the right to modify any material within this web site including but not limited to: product/ and service descriptions at any time without notice. The information posted is believed to be accurate and reliable at the time it was posted. We do not take responsibility for its use, nor for any infringements of rights and or patents of any third parties resulting from the use of the website. Links from third party websites from this site are provided solely as a convenience.
Several methods of security are used including, encryption, firewalls and other technology and security procedures to help protect the accuracy and security of your personal information and prevent unauthorized access or improper use. For example, you will note that while using some features of the web site and online services, you will need to submit a password or some other type of authenticating information.
Your privacy is respected and we work hard to safeguard the privacy of your personal data. We realize that the Internet raises questions concerning the nature, use and confidentiality of information collected about consumers. We want you to know that we apply our long-standing commitment to safeguarding privacy to our Internet activities.
Your information is not shared and we do not disclose or sell any personally information (such as your name, address, telephone number or e-mail address) collected online on via the web site with other unaffiliated companies or organizations. In the future, should we decide to share such data with third parties for marketing, it will provide notification and the opportunity for its users to indicate whether they would prefer that the Company not provide such information about them to third parties. Because this information is a critical part of our business, it would be treated like our other assets in the context of a merger, sale or other corporate reorganization or legal proceeding.
Information we collect is used principally to provide you with the service(s) and product(s) you have ordered and to let you know about other offerings which may be of interest to you. Postal and e-mail address information, for example, enables communication about services offered and ordered, as well as the proper provisioning and billing of those services.Information will be provided in response to subpoenas and other legal demands, and where we believe that disclosing this information is necessary to identify, contact or bring legal action against individuals who may be endangering public safety or interfering with property or services, or with our customers' or others' use of them.
Information is collected online by asking you for it, for example, when sign up for service. A customer's name, address (postal and e-mail) and telephone number are the most important pieces of information, but we might request other information, based on, for example, individual organization marketing services.
Accessibility and use of any password protected or secure areas of the website, is restricted to authorized users only. Unauthorized users that attempt to access any of these restricted areas of the website may be subject to prosecution.
When you apply and register on the website you accept the terms and conditions that are applicable to that particular service. We do not warrant that that any service descriptions and/or content that is contained in the website is accurate, current, complete, reliable, or error-free.
Access may be terminated to the website along with any services with or without any cause, at any time. Any termination is to be accompanied by a written or electronic notice. We are not liable to you or any third party for service termination. Upon termination of any and all access to the website and services, your right to use the website and/or services is immediately revoked.
You are prohibited from engaging in any form of Internet or website abuse, including but not limited to the following:Distributing, publishing, or sending any kind of unsolicited or unwelcome email to any number of network users (commonly referred to as "junk mail" or "spam"), including, without limitation, mass promotions, unauthorized or unsolicited commercial advertising, and informational announcements, anywhere on the Internet. Posting a single article or substantially similar articles to an excessive number of newsgroups or mailing lists. Repeated or deliberate posting of articles that are off-topic according to the charter of the newsgroup or mail list where such articles are posted.Posting commercial advertising in a conference or newsgroup, unless it is specifically permitted to be posted within that group; or (e) violating the CAN-SPAM Act.
If your event is cancelled, we will refund the amount you paid for your tickets (minus order processing, service and delivery fees) using the same payment method used for purchase. If your event is postponed, we will contact you with the new date and time. All Event personnel have the right to refuse entry to any ticket holder for any reason at their discretion. Venue and Talent are subject to change without notice and are not grounds for a refund. Anything promised by the promoter that is unfulfilled is not guaranteed by the seller and is not grounds for a refund.
There are no refunds, and no confirmations will be sent for mailed and faxed entries. Online registrants will receive a confirmation. If you cannot run or pick up your T-shirt, T-shirts cannot be mailed. The use of headphones is strongly discouraged. Rollerblades, roller skates, bikes, and pets are prohibited on the course.