I, the adult participant or parent/guardian on behalf of a minor participant ("Participant" and/or "Minor Participant") (collectively, "Participant(s)"), acknowledge that I (and/or the Minor Participant) have voluntarily agreed to participate in the activity (defined below) offered by Kick It Venture, LLC, a North Carolina limited liability company ("Kick It").
In consideration of Kick It Ventures LLC accepting this entry, I (or Minor Participant) acknowledge my voluntary participation in an activity for which Kick It is furnishing services and which requires physical exercise, including running and walking (the "Activity"). I (or Minor Participant) hereby acknowledge and accept that the Activity and undertakings associated therewith, may be physically and emotionally challenging, and that participation in the Activity may involve physical contact with others, use of and proximity to equipment and other dangerous apparatus, and exposure to risk of accident, personal injury, death, damage to personal property, mental distress, or contact with communicable diseases, viruses or bacteria. I (or Minor Participant) acknowledge and agree that the Activity may involve certain inherent risks associated with my participation in the Activity and sports of track & field and related activities including, but not limited to, the location, nature, and terrain; forces of nature, including high winds, lightning, and rapid weather changes; adverse weather; changing visibility; falls from significant heights; slips and falls; the risk of exposure to insects and encounters with animals or other natural or manmade objects; loss of or damage to equipment and/or property; the negligence of participants, or other persons who may be present; travel over extreme mountainous or alpine terrain; travel on highways and back-country roads; course conditions; traffic; drowning; exposure to and contracting communicable diseases, viruses or bacteria, and illnesses, including, but not limited to, COVID-19, which could lead to illness or death; accidents or illnesses occurring in remote or hard to access locations, far from or without medical facilities; failing to act safely or within one’s own ability; Participant(s) own physical condition; the physical exertion associated with the Activity; situations beyond the immediate control of the event organizers; and other undefined, not readily foreseeable and presently unknown risks and dangers, and I (or Minor Participant) expressly acknowledge that I am participating in the Activity at my own risk. I (or Minor Participant) also agree to abide by any decision of any Kick It Ventures LLC employee, event director, organizer, volunteer, director, representative, agent, and officer (individually or collectively, “Kick It Partys”) regarding my ability to safely participate in the Activity, and to be familiar with and to abide by the rules and regulations established for the Activity, including, but not limited to, the competition rules adopted by USA Track & Field, Inc. and any safety regulations established for the benefit of all participants. I understand that skateboards, scooters, roller skates or inline skates are not allowed in the Activity. I (or Minor Participant) accept sole responsibility for my own conduct and actions while participating in the Activity, and the condition and adequacy of my equipment. I (or Minor Participant) further acknowledge and agree that my participation in the Activity may be terminated immediately if any of the Kick It Parties believe, in their sole discretion, that I am unable to safely complete the Activity for any reason or that I am under the influence of alcohol or drugs.
I AM AWARE THAT THE ACTIVITY MAY BE DANGEROUS AND THAT I COULD SUSTAIN SERIOUS INJURY, DEATH, OR EXPOSURE TO A COMMUNICABLE DISEASE, VIRUS, BACTERIA OR ILLNESS (INCLUDING BUT NOT LIMITED TO COVID-19 OR ANY OTHER CORONAVIRUS). I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGER INVOLVED, AND AGREE THAT THIS PROVISION CONCERNS A SUBSTANTIAL RIGHT. I FURTHER AGREE TO ASSUME ANY AND ALL RISKS OF ACCIDENT, BODILY INJURY, DEATH, EXPOSURE TO A COMMUNICABLE DISEASE, VIRUS, BACTERIA OR ILLNESS (INCLUDING BUT NOT LIMITED TO COVID-19 OR ANY OTHER CORONAVIRUS) OR PROPERTY DAMAGE, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN, AND EVEN IF ARISING FROM THE NEGLIGENCE OF THOSE PERSONS RELEASED FROM LIABILITY BELOW, WITH THE EXCEPTION OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AND ASSUME FULL RESPONSIBILITY FOR MY PARTICIPATION. I further agree to abide by ALL Center for Disease Control ("CDC") recommendations AND GUIDANCE for the prevention of the spread of COVID-19 AND ANY OTHER CORONAVIRUS and communicable diseases, and I attest to having read the CDC’s guidance at: https://www.cdc.gov/coronavirus/2019-ncov/prepare/prevention.html.
RELEASE, WAIVER OF LIABILITY, AND INDEMNITY PROVISIONS: For and in consideration of Kick It Ventures LLC allowing me, the Participant or Minor Participant, to participate in Activity, whether sanctioned or otherwise, I am registering for herein; I, Participant or Minor Participant agree on behalf of myself, my heirs, executors, administrators, and personal representatives (the "Releasing Parties") to hereby irrevocably, unconditionally, and forever release, acquit, discharge, hold harmless, and indemnify (i.e., defend and pay any judgment and costs, including attorneys' fees and related expenses) the Kick It Parties, as well as, where applicable, Town of Black Mountain, Kick It Ventures LLC; any other designated timing or registration company; its members, clubs, associations, sport disciplines and divisions; the event directors, the host organization and the facility, venue and property owners or operators upon which the Activity takes place; any other organizers, promoters, sponsors, advertisers, coaches and officials for this Activity; law enforcement agencies and other public entities providing support for the Activity or any other entity who may have an interest in any Kick It Events Activity such as any town, city, municipality, or county where the Activity will take place, along with any and all directors, officers, trustees, members, managers, staff, employees, volunteers, agents, personal representatives, heirs, attorneys, successors and assigns thereof, including all affiliated entities or subsidiaries, and all other persons and entities connected with such entities, whether herein named or not (the "Released Parties") from any and all charges, actions, complaints, causes of action, claims, liabilities, obligations, promises, controversies, damages, suits, proceedings, expenses, attorney fees, and demands of any kind or nature whatsoever, known or unknown, suspected or unsuspected, whether arising out of contract, tort, strict liability, or otherwise, whether currently existing or arising, occurring or accruing in the future, based upon, arising out of, related to, or connected in any way to the Activity, except to the extent caused by the gross negligence and/or willful misconduct of any of the Released Parties.
I (or Minor Participant) further acknowledge and agree that the Released Parties shall have no liability or obligation to Releasing Parties with respect to, arising from, related to, or in connection with Releasing Parties participation in the Activity. I hereby represent and warrant that I am at least eighteen (18) years of age or older, or if a Minor Participant, have obtained my parent or guardian's written consent to participate in the Activity and execute this Agreement, am under no legal incapacity to execute this Agreement and intend to be bound by its terms, and that I have read this Agreement and fully understand the terms and provisions hereof (including, without limitation, that this is a liability waiver and release of claims and indemnity agreement), and that I intend to be bound by this Agreement. I (or Minor Participant) agree that, notwithstanding the principles of conflicts of law, the internal laws of the State of North Carolina shall govern and control the validity, interpretation, performance, and enforcement of this Agreement, and I further expressly agree that the foregoing Agreement is intended to be as broad and inclusive as is permitted by applicable law and that if any portion hereof is held void or unenforceable, it is agreed that, notwithstanding any such invalidity, the remainder of this Agreement shall continue in full legal force and effect. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement.
By participating in the Activity and executing this Liability Waiver and Release of Claims Agreement (the "Agreement"), I (or Minor Participant) represent that I am in good health; physical condition; physically fit; sufficiently trained; do not suffer from any disability, which would prevent my safe participation in the Activity; and that a licensed medical doctor has verified my physical condition.
MEDIA RELEASE: I, Participant and/or parent/guardian of Minor Participant, agree on behalf of myself or on behalf of Minor Participant, to hereby irrevocably give Kick It Parties and and their respective licensees, agents, affiliates, successors, and assigns and/or others working on their behalf my permission and grant to Kick It Parties and the right, to film, record, and photograph me and/or Minor Participant according to the terms and conditions set forth in this Agreement. I hereby grant and license to Kick It Parties a perpetual, worldwide, irrevocable, non-exclusive, freely assignable with the right to sublicense (by Kick It Parties), royalty-free, and paid-up right to use, reproduce, duplicate, integrate, publish, exhibit, sell, or sublicense, (collectively, "Use") my and/or Minor Participant's image, portrait, picture, likeness, voice, statements (including extractions thereof), and/or performance, (as applicable), including any derivatives, modifications, alterations, or edits thereto (collectively, Participant's or Minor Participant's "Likeness") and all materials created by or on behalf of Kick It Parties and that incorporate any of the foregoing (the "Materials"), including video, photographs, negatives, positives, prints, digital reproductions, audio recordings, or other manifestations thereof and on, or in connection with any media, including the Internet, Kick It Parties', or other relevant websites, social media sites, blogs, and any and all digital and new media along with any activating or subscription-based technical components or features provided thereon, whether now existing or hereinafter developed. Kick It Parties' use of the Materials shall be solely for the purpose of advertising and promoting Kick It Parties and any of their outdoor recreation and associated services and without any additional notice to, consent by, approval by, or compensation to me or Minor Participant.
I agree that all right, title, and interest in and to the Materials are exclusively owned by Kick It Parties, including all copyrights and other intellectual property rights therein, and I hereby release any rights, title, or interest I may have to, or in connection with the Materials. I agree that the results of my or Minor Participant's participation in connection with the Materials will be considered work made for hire as defined in Section 101 of the Copyright Act of 1976. To the extent that the Materials, or any part thereof, fails to be considered a work made for hire (or for any other reason does not automatically inure to Kick It Parties and ), I hereby permanently and irrevocably assign to Kick It Parties all rights, title, and interest in and to, if any, the Materials. I hereby waive the benefit of any moral rights and of any similar law anywhere in the world. I will not authorize any other individual or entity to Use the Materials.
To the fullest extent permitted by applicable law, I hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, damages, and expenses arising directly or indirectly from Kick It Parties' use of the Materials in accordance with the terms hereof, including what might be deemed misrepresentation due to editing, alteration, distortion, optical illusion or faulty processing or reproduction which may occur in the finished Materials or any claims of defamation, disparagement, slander, libel, false light invasion of privacy or publicity, intellectual property infringement or the like in any jurisdiction throughout the world. Nothing herein shall constitute any obligation on Kick It Parties to make any use of the license granted by me or Minor Participant as set forth herein. Kick It Parties' use is completely at its own discretion.
MEDICAL EMERGENCIES: I hereby give permission to the Kick It Parties to contact emergency services for help or provide me with emergency medical treatment or First Aid, whether or not the Kick It Parties have contacted my emergency contact, and give permission to a licensed physician or other licensed medical provider or first responder to provide proper treatment, including but not limited to emergency transportation, treatment, hospitalization, injection, anesthesia and/or surgery. I hereby RELEASE, WAIVE AND FOREVER DISCHARGE the Kick It Parties from any and all claims, liabilities, causes of action, damages, demands, judgments, executions, liens and costs whatsoever in law or equity, including, without limitation, liability for death or bodily injuries to any person or damage to any property resulting from any (i) claims made against medical providers of emergency services under this authorization, or (ii) against the Kick It Parties for obtaining or administering First Aid or emergency medical services for me pursuant to this authorization and waiver.
Kick It Event Management (Kick It Events) and the Black Mountain Turkey Trot 5k and Wishbone 1 Miler have a no refund policy. Our team works year round to produce our high quality events. Even if the event is canceled we have already incurred time and expenses with planning for the event that are non-refundable. Please see the guidelines below.
Refunds
No refunds will be given if you signed up for this race by accident. Double check the city, date and time BEFORE registering.
There are no refunds for injury or illness.
There are no refunds for work or event conflicts.
There will be NO REFUNDS if the event needs to be postponed.
If the event needs to be canceled due to a global pandemic, national health emergency, state of emergency in the area or catastrophic event, there will be no refund.
We do not allow deferrals.
Postponement
In the event of inclement weather, the event will be postponed to Nov. 30 2025, at the race directors discretion. There will be NO REFUNDS if the event needs to be postponed.
Inclement weather determination is at the discretion of the race directors. We are looking for dangerous conditions for our runners and volunteers or an impassable race course.
The postponement announcement will be made as early as we can. If there is surprise weather we reserve the right to postpone the race up until race morning. A Postponement announcement will be by 5am race morning.
If the event needs to be canceled due to a global pandemic, national health emergency, state of emergency in the area or catastrophic event, there will be no refund. We will do our best with a virtual event or socially distanced race. Please understand that we purchase your race items months ahead of time and we will get these items to you if the event is canceled last minute.
Race postponement will be emailed out to runners using the email used during registration, posted on the race website (https://kickitevents.com/beer-city-relay/) as well as posted on our social media platforms.
In the event the race is postponed and you would like your race swag mailed to you, you will be required to pay the shipping cost for your race bib and race swag.
Race updates will be sent to the email address you registered with. Always make sure that your email is correct. In the event that the postponement date needs to be canceled, there will not be another postponement and there will not be any refunds.
Cancelation
In the event the race needs to be canceled there will be no refunds.
The cancellation announcement will be made as early as we can. If there is surprise weather we reserve the right to cancel the race up until race morning.
We will always try to postpone the race if needed but sometimes permitting, weather etc does not allow for a postponement.
If the event needs to be canceled due to a global pandemic, national health emergency, state of emergency in the area or catastrophic event, there will be no refund. We will do our best with a virtual event or socially distanced race. Please understand that we purchase your race items months ahead of time and we will get these items to you if the event is canceled last minute.
Race cancellation will be emailed out to runners using the email used during registration, posted on the race website (https://kickitevents.com/beer-city-relay/) as well as posted on our social media platforms.
Race updates will be sent to the email address you registered with. Always make sure that your email is correct.
Transfers
You may transfer your registration to being a virtual runner up to 5 days before the event using the transfer button on the registration page.
You may transfer your registration to another runner or to a different distance up to 5 days before the event using the transfer button on the registration page.
After the 5 day cut off please reach out to Info@kickitevents.com for help with transferring.
I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I (OR MINOR PARTICIPANT) AM AWARE THAT THE TERMS OF THE AGREEMENT ARE CONTRACTUAL AND NOT A MERE RECITAL, AND SIGN IT OF MY OWN FREE WILL.
