Immanuel Lutheran Church & School, Palatine IL

Bobcat Blitz Run/Walk

Agreement; Liability Waiver; and Medical Release and Consent (this "Agreement and Waiver")

Please read the following agreement carefully, as it affects your future legal rights. By proceeding with registering for the Event, you acknowledge and agree that you have carefully read and fully understood the agreement and agree to the terms set forth below. 

In consideration of being permitted to register and/or participate in, including without limitation by observing, the activities for which you are registering (the "Event"), on behalf of yourself and any personal representatives, assigns, heirs, executors, successors and next of kin, you understand, agree, warrant and covenant as follows:

1. Authority to Register and/or to Act as Agent. You represent and warrant to Immanuel Lutheran Church & School, Palatine, IL that you have full legal authority to complete the registration for the Bobcat Blitz Event (“Event”), including this Agreement and Waiver, on behalf of yourself and/or any party for whom 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, “ILCS” refers to Immanuel Lutheran Church & School, Palatine, IL; the Northern Illinois District; the Lutheran Church—Missouri Synod; the Village of Palatine; all Event organizers and sponsors, and any and all subsidiaries, affiliated entities, or entities that control or are controlled by ILCS singly or together and its and each of their trustees, officers, directors, boards, shareholders, employees, contractors, subcontractors, volunteers, and agents and each of their agents, heirs, administrators, executors, representatives, successors and assigns.

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 and Waiver on their behalf and by proceeding with registration for the Event, you agree that the terms of this Agreement and Waiver shall apply equally to all of the Registered Parties.

2. Assumption of Risk. In consideration of the acceptance of your registration and participation in the Event, you assume full and complete risk and responsibility for any injury or accident which may occur during the Event, while you are on the premises of the Event, or while you are traveling to or from the Event. You understand that participating in the Event is hazardous, and that you should not enter and participate unless you are medically able and properly trained. You acknowledge and agree that the Event may be held over public roads and facilities open to the public during the Event and upon which hazards are to be expected. You also acknowledge and agree that participation in the Event carries with it certain inherent risks and dangers that cannot be eliminated completely ranging from risk of minor injuries to catastrophic injuries including permanent disability and death. You are aware of and assume all risks associated with participating in the Event, including without limitation risks of permanent injury or death due to falls, obstacles, contact with other participants, acts or omissions of other participants, effect of weather, traffic and conditions of any road. 

3. Representations. You represent and warrant that you are in good physical condition, are able to safely participate in the Event and have no medical condition that would make your participation in the Event more hazardous. You consent to medical care and transportation in order to obtain treatment in the event of injury to you and understand that this Agreement and Waiver 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 and/or injury. You agree to observe and obey all posted rules and warnings, to follow any instructions or directions provided to you by the Event organizer and to abide by any decision of any Event official relative to your ability to safely participate in or attend the Event. You understand and agree that you are expected to exhibit appropriate behavior at all times while at the Event and to obey all local, state and federal civil and criminal laws while participating in or attending the Event. This includes, generally, respect for other people, equipment, facilities or property. You agree that Event officials may dismiss you, without refund, should your behavior endanger the safety of or negatively affect the Event. You understand and agree that the Event organizer is not responsible for any personal item or property that is lost, damaged or stolen at the Event. You understand and agree that the Event organizer reserves the right to cancel the Event in the event of weather (including, but not limited to, heat, tornadoes, earthquakes, fires, storms, lightning and floods), accidents, acts of war or terrorism, military conflicts or riots or for any reason that would affect the safety and security of Event participants and spectators. In the event of such cancellation, there will be no refund of your registration payment.

4. Use of Name and Likeness. You hereby grant ILCS permission to include your name in any written account of the Event including, but not limited to, the posting of the Event results on the internet. You additionally grant ILCS permission to record your voice and photograph you in conjunction with the Event. You understand and agree that the term "photograph" as used herein encompasses both still photographs and video recordings. You further grant ILCS full, free and unrestricted, rights to the use of your name, photograph, voice, and likeness in any form, including edited versions, in or over any medium including the internet, broadcast, cable, satellite transmissions, and media that are unknown at this time, worldwide for any purpose including without limitation any commercial purpose.

5. Release and Waiver of Liability. You hereby waive, release, covenant not to sue and forever discharge ILCS and all other persons associated with the Event, for all liabilities, claims, actions, or damages that you may have against them arising out of or in any way connected with your registration and/or participation in the Event, including without limitation any liabilities, claims, actions, or damages caused by negligence of the above parties (including any negligent rescue attempt), the action or inaction of any of the above parties, or otherwise. 

ILCS shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ILCS has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the ILCS Event registration site; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the ILCS Event registration site; (c) your participation in any promotion or program coordinated by ILCS; (d) personal injury not caused by ILCS's gross negligence; (e) unauthorized access to or alteration of your transmissions or data; (f) statements or conduct of any third party on the ILCS Event registration site; (g) any other matter relating to the ILCS Event registration site, or ILCS business; or (h) your participation in the Event. You agree that ILCS's maximum liability to you, for any reason or cause whatsoever, shall not exceed the total amount of monies received by ILCS from you. 

6. Indemnity. You agree to indemnify, defend, and hold forever harmless ILCS and all other persons associated with the Event, from all damages, costs (including reasonable attorneys' fees), claims and demands made by any party against them arising out of or in any way connected with (a) your participation in the Event, including without limitation any damages, costs, claims and demands caused by negligence of the above parties (including any negligent rescue attempt), the action or inaction of any of the above parties, or (b) any violation by you of any terms of this Agreement and Waiver.

7. Disclaimer of Warranties. You expressly agree that participation in the Event and use of ILCS's facilities is at your sole risk. The property and facilities are provided on an "as is" and "as available" basis. ILCS makes no warranty that the ILCS sites' services will be uninterrupted, secure or error free. ILCS does not guarantee the accuracy or completeness of any information in, or provided in connection with, the ILCS sites. ILCS is not responsible for any errors or omissions, or for the results obtained from the use of such information. 

8. Applicable Law; Consent to Jurisdiction. You agree that the statutes and laws of the State of Illinois, United States of America, without regard to the conflict of laws principles thereof, will apply to all matters relating to this Agreement and Waiver. You irrevocably consent that exclusive jurisdiction for any dispute with ILCS relating to this Agreement and Waiver resides in the courts of Cook County and/or the State of Illinois, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Cook County and/or the State of Illinois in connection with any such dispute including any claim involving ILCS.

9. Severability. You further expressly agree that this Agreement and Waiver is intended to be as broad and inclusive as is permitted by applicable law, and if any provision of this Agreement and Waiver is held to be unenforceable by a court of competent jurisdiction for any reason whatsoever, (a) the validity, legality, and enforceability of the remaining provisions of this Agreement and Waiver (including without limitation, all portions of any provisions containing any such unenforceable provision that are not themselves unenforceable) shall not in any way be affected or impaired thereby, and (b) to the fullest extent possible, the unenforceable provision shall be deemed modified and replaced by a provision that approximates the intent and economic effect of the unenforceable provision and the Agreement and Waiver shall be deemed amended accordingly.

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 agreeing to this 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.