BY SIGNING UP AND PAYING FOR THIS VIRTUAL EVENT, YOU ACKNOWLEDGE, ACCEPT, AND AGREE TO THE FOLLOWING:
ASSUMPTION OF RISK, RELEASE AND INDEMNITY AGREEMENT
I desire to participate in the Giddy Up Challenge (“Event”) organized and sponsored by Be Good™ Foundation, Inc. (“Foundation”). I understand that I could be seriously injured or killed or I could cause the same to others when engaging in the Event. I understand there are inherent risks, hazards and dangers associated in participating in the Event and that this Event is very challenging. I am adequately skilled; I am properly trained; and I am healthy and medically able to perform this Event. I assume full responsibility for my safety, and I agree to conduct myself in a most responsible manner so as to prevent any harm or injury to me or to anyone else.
I acknowledge that this Event is organized as a virtual activity where I may choose to cycle/run either outdoors or indoors on a date and time of my choosing and, if outdoors, in a location and route of my choosing. I acknowledge that I will have no support from the Foundation and no safety or security measures will be in place by the Foundation. I agree that I will choose a route that is compatible with my skill and fitness level and that I will take into consideration all other relevant factors in my decision, including time, weather, traffic, and trail or road conditions. I agree to follow the rules of the road and general safety guidelines for my specific activity.
Knowing all of the above, in consideration of the Foundation allowing me to participate in the Event, I knowingly and voluntarily choose to do so, I assume all risks associated with or arising out of my participation in the Event, and I accept full responsibility for any harm or injury or any kind which I may suffer, experience, or cause while participating in the Event.
To the fullest extent of the law, I release, waive, discharge from any liability, indemnify, and hold the Foundation harmless for and from any claims arising, whether directly or indirectly, whether now or in the future, whether due to the Foundation’s negligence or not, related to my participation in the Event. The term claims shall include, but not be limited to, any and all causes of action, costs, damages, demands, expenses, losses, liabilities, judgments, awards, attorney fees, obligations, recoveries for personal injury or property damage, including those known or unknown, that may be asserted and/or recovered by me, my family, and/or any other person.
The term Foundation shall also include Rebecca Rusch, Rusch Ventures, LLC, Rebecca’s Private Idaho, LLC, all Event sponsors, and any other organizations involved with the Event and their respective members, directors, officers, employees, agents, and each of their heirs, successors and assigns. This agreement applies to each of the foregoing.
I agree to abide by all federal, state, and local COVID-19 guidelines and rules, including the Center for Disease Control’s (“CDC”) recommendations for the prevention of the spread of the COVID-19 and other communicable diseases. I acknowledge that I have read the CDC’s guidance at https://www.cdc.gov/coronavirus/2019-ncov/prepare/prevention.html. I agree that if my community has a shelter-in-place order, I will only participate in the Event by using a personal indoor trainer, and I will not ride or run outside in the community during the duration of a shelter-in-place order. Do the right thing! If I am unsure, I will complete the challenge at home. If I am found to be in violation, I understand I will be disqualified.
I agree to abide by any decision of a race official relative to any aspect of my participation in the Event, including the right of any official to deny or suspend my participation for any reason whatsoever. I have read the rules of the Event scheduled for May 28 to May 31, including the terms in this agreement, and I agree to abide by them.
I agree that the Foundation may take photos and videos of me and use, reproduce, and publish the phots and videos for advertising purposes, and may use personal data provided during registration and post-event reporting, video or audio recordings, or any other record of this Event for any legitimate purpose. I agree that my email address may be shared with the Foundation's partners (who are awesome!). I may be added to their email lists, but I can easily unsubscribe from any distribution lists that are not of interest.
I understand that this event does not provide for refunds in the event of a cancellation and by paying my entry fee, I consent that I am not entitled to a refund if the event is cancelled before or during the event.
I acknowledge that this Event has been adapted to follow the guidelines of Everesting, the creators and custodians of the Everesting Concept.
I have carefully read this agreement and fully understand its contents. I am aware that I am releasing certain legal rights that I otherwise may have. I agree of my own individual free will. This agreement shall specifically bind me, my family, heirs, personal representatives, successors, and assigns. This agreement shall be interpreted neutrally, and ambiguities, if any, shall not be construed against the Foundation. If any term of this agreement is determined to be invalid for any reason, all other terms shall remain in full force and effect. The laws of the State of Idaho govern this agreement.
PARENTAL CONSENT AND ACKNOWLEDGEMENT FOR ALL PARTICIPANTS UNDER AGE 18
If I am the parent or legal guardian (collectively “Parent”) of a minor who desires to participate in the Event, I agree to the terms of this agreement on behalf of the minor and with full authority to do so. I have read, fully understand, and consent to all of the terms of the agreement, and I consent to the minor’s participation in the Event. I agree to bind the minor to, and I agree to be bound by, this agreement in all respects, including the indemnity provision.
SOCIAL MEDIA PHOTO & VIDEO RELEASE
By participating in the Giddy Up Challenge, I authorize and grant Rebecca’s Private Idaho, Rusch Ventures, & The Be Good Foundation to take my photos and videos regarding my experience with them. I grant Rebecca’s Private Idaho, Rusch Ventures, & The Be Good Foundation to use my photos and videos on Facebook, Twitter, Instagram, Strava, LinkedIn, and website. I allow Rebecca’s Private Idaho, Rusch Ventures, & The Be Good Foundation to edit, alter, copy, or distribute the photos for social media, advertising and marketing. I understand that I will not receive any monetary compensation.
PHOTO & VIDEO RELEASE
By participating in the Giddy Up Challenge, I grant Rebecca’s Private Idaho, Rusch Ventures, & The Be Good Foundation permission to use my name and likeness in a photograph, video, or other digital media in any and all of its publications, including web-based publications, partner publications, media publications and without payment or other consideration.