WAIVER, RELEASE, AND AGREEMENT TO ARBITRATE
In consideration of the opportunity provided by Finish Line Events (FLE) dba Crescent City Classic to participate in its events, I declare and agree:
Acknowledgments. I am voluntarily entering or agreeing to participate in FLE/Crescent City Classic's races, classes, expo, or other event(s), and activities related thereto (collectively, the "Events"). I agree not to enter or participate in the Events unless I am healthy, medically able and properly trained and agree that I will consult with a physician before I participate in the Events to determine if I can medically participate in the Events. I agree to abide by any decision of an Event official relative to my ability to safely complete any Event. I recognize that participation in the Events is a potentially hazardous activity and I willingly assume all risks associated with such participation, including, but not limited to, falls; contact with other participants, spectators, or others, or vehicular or other traffic; the effects of the weather, including heat and/or humidity, wind, cold, and wet or slippery surfaces; physical injury from the act of running itself; falling tree branches or other overhead objects; traffic; and the crowded nature and other conditions of the course, all such risks being known and appreciated by me.
Liability waiver and release. Having read this document, and having made the acknowledgments above, and in consideration of your acceptance of my application for the Event(s), I, for myself and anyone entitled to act on my behalf, waive, release, discharge, hold harmless, and covenant not to sue (a) FLE, Crescent City Classic, Inc., Crescent City Classic Foundation, Inc., the National WWII Museum; (b) U.S.A. Track & Field or Road Runners Club of America or any of their constituent associations; (c) the City of New Orleans, its agencies, departments and officials; (d) all sponsors and officials of the Event(s); (e) the employees, and volunteers, including medical volunteers, serving the people or entities described in (a)-(d); and (f) all owners and lessors of premises on or in which any Event takes place, and other representatives, agents, and successors of each of the foregoing (the "Releasees"), from any present and future claims and liabilities of any kind, known or unknown, arising out of my participation in the Events, even though such claim or liability may arise out of negligence or fault by the Releasees.
Postponement, cancellation, and no-refund policy. I further acknowledge that the Releasees reserve the right to change the details (such as the date, start time, course, and distance) of, and amenities offered at, the Events at any time and in their sole discretion, and I waive and release any claims I may have because of any such change, including the right to contest any discretionary exercise by the Releasees. I understand all entries are final and I have been made aware that any entry fee or any other sum I’ve paid in connection with my participation or application to be considered for entry into the Events shall not be refunded, in full or in part. This non-refundability policy applies even where the race has been postponed, substantially changed, or altogether cancelled.
Medical authorization. I grant the Releasees and their designees permission to administer or arrange for any medical assistance they deem necessary or appropriate because of my participation in the Events, including without limitation, arranging transportation to a hospital or other medical facility. I also grant the Releasees access to my medical records and physicians, and other information, relating to medical care that may be administered to me at any such medical facility because of my participation in the Events.
Text message and call alerts. I understand and acknowledge that the Releasees or their designees may send me ongoing text message and prerecorded call alerts (including by automatic telephone dialing systems) related to any Events in which I participate. I consent to receive text message and call alerts regarding date or time changes, weather or route updates, my location or placement in a race, and other race-related information. I understand that my consent is not required to participate in any Event or a condition of any purchase, and that I may withdraw my consent at any time for text message and prerecorded call alerts sending an email to customer.service@ccc10k.com indicating that I no longer wish to receive text message alerts and prerecorded calls. My withdrawal will be put into effect no later than 24 hours from the time my email is received by Releasees. Standard message, data, and other fees may be charged by my carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which I am responsible. Not all phone and/or carriers are supported. I may contact my carrier for further details.
Geolocation tracking authorization and waiver. I understand and acknowledge that Releasees or their designees may use a radio-frequency identification ("RFID") tag in my race bib to track my geolocation during any Events in which I participate, and that such information will allow anyone, including the general public, to use Releasees’ (or their designees’) website(s) and/or applications to determine my geographic location during the Events and to connect it to my name, gender, age, distance run, net time, pace per mile, overall place, gender place, age place, age- graded time, age-graded performance percentage and/or, if applicable, race-day photos (each individual and collectively "Race Results"). I voluntarily agree to have my geolocation information tracked and published.
Prior to the Events, if I decide that I do not want Releasees to publish my geolocation information, I may opt-out by emailing Releasees at customer.service@ccc10k.com no later than five (5) business days before the Events. I acknowledge and agree that my official Race Results will still be published after the Events on Releasees’ (or their designees’) website(s) and/or applications.
Publicity release. I grant permission to Releasees and their designees to use, publish or license or authorize others to use, publish or license any photographs, motion pictures, video or sound recordings, and/or any other record of my participation in the Events, including, but not limited to portrait, picture, likeness, image and/or personal information, such as name, age, gender, domicile, race results, club affiliation, for any purpose without remuneration.
Disputes; arbitration agreement. I agree that any current or future controversy or claim between me and the Releasees (including their former, current, or future related affiliated entities) and/or between me and the Releasees' former, current, or future partners or employees (in their institutional or personal capacities) (each a "Covered Person") arising out of or relating to my participation in Events:
(a) will be governed solely by the law of the State of Louisiana, without reference to its conflict of law principles; and
(b) must be resolved by confidential, final, and binding arbitration administered by the American Arbitration Association (“AAA”), and conducted under the then-current AAA Consumer Arbitration Rules (the "Rules") by a private and impartial arbitrator to be jointly selected by me and the Releasees from a list of neutral arbitrators provided by JAMS. I further agree that the arbitrator shall have the power to award any remedies, including attorneys’ fees and costs, available under Louisiana law, except punitive or exemplary damages which are not permitted under Louisiana law. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction, and that the award may be vacated or modified only on the grounds specified in the Federal Arbitration Act or other applicable law. Any arbitration conducted under this agreement shall take place in New Orleans, Louisiana.
I acknowledge that, in agreeing to submit all disputes for resolution by arbitration, the parties seek much quicker, more confidential, and less expensive dispute resolution, but they do so by giving up certain rights (trial by jury, appeal rights, certain rights to discovery) which they would have in court.
Class and collective action waiver. I agree that any claim must be pursued individually only. By signing this agreement, I waive my right to commence, or be a party to, any class or collective claims or to bring jointly any claim against the Releasees with any other person.
COVID-19 statement. As it applies to my participation in any Event, I agree to abide by the Center for Disease Control (CDC)'s recommendations for the prevention of the spread of COVID-19 and attest to having read the CDC's guidance at: https://www.cdc.gov/coronavirus/2019-ncov/prepare/prevention.html. I also agree to abide by any COVID-19 distancing and other safety guidelines issued by the state, the community or by this race for my participation in this race.
Severability. I agree this waiver and release is intended to be as broad as permitted under Louisiana law. However, if any clause or provision of this agreement shall be held invalid, that invalidity shall not otherwise affect the rest of the agreement, which shall continue as the parties intended.
Acknowledgment of understanding. I have read this waiver/release and I understand its terms. I understand that I am giving up substantial rights, including my rights to sue the Releasees, and that arbitration is my sole avenue for resolving disputes with Releasees. I acknowledge further that I sign the waiver/release freely and voluntarily, and that I intend by my signature to completely and unconditionally agree to the terms set out above.
