Agreement & Waiver

By indicating my acceptance, I understand, agree, warrant and covenant to this "Agreement and Waiver" as it pertains to the following:

• Events: The event or events for which I am registering.
• Website: FundRacers.org or any site that links to or redirects to FundRacers.org.
• Sponsoring Parties: FundRacers LLC, ICN Ventures Inc, its owners, officials, race sponsors, volunteers, affiliates, subsidiaries, employees, contractors, officers, directors, venues, and any other person connected to Events.
• Web Parties: FundRacers LLC, ICN Ventures Inc, or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
• Registered Parties: Myself and/or any other person for which I have registered for Events.

I hereby waive and release any and all rights and claims for damages against Parties resulting from participation of Registered Parties in Events, including all injuries which Registered Parties may incur by participating in Events. I certify that Registered Parties have properly trained for Events and are in adequate physical condition for Events.

I represent and warrant that I have full legal authority to complete registrations for or on behalf of Registered Parties, including full authority to make use of the credit or debit card to which registration fees will be charged.

If Registered Parties includes another adult other than myself, I represent and warrant that I am the legal guardian of that party and/or have the legal authority to enter into this agreement on their behalf and by proceeding with this registration, I agree that the terms of this Agreement and Waiver shall apply equally to said Registered Parties.

If Registered Parties includes a child under the age of 18, I represent and warrant that I am 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 registration, I agree that the terms of this Agreement and Waiver shall apply equally to said Registered Parties.

If Registered Parties includes a child under the age of 13, I also agree and consent to the collection of that child's information which I have provided for the purposes of registration.

I understand that participation in Events for which I am registering is potentially hazardous, and that Registered Parties should not participate unless they are medically able and properly trained. I understand that Events may be held over public roads and facilities open to the public during Events 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.

I understand and agree that in considerion for being permitted to participate in Events, Registered Parties, the heirs, personal representatives or assigns of Registered Parties do hereby release, waive, discharge and covenant not to sue the parties identified herein for any and all liability from any and all claims, including claims of negligence, arising from participating in Events by Registered Parties.

The Sponsoring Parties identified herein shall not be liable for any direct, indirect, seen, unforseen, known, unknown, incidental, special or consequential damages:

• (A) resulting from the use of or inability to use Websites, 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 Websites, or
• (D) resulting from unauthorized access to or alteration of my transactions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if Sponsoring Parties have been advised of such damages.

FundRacers LLC is not responsible for any claims or warranties made by any Sponsoring Parties, and as such, FundRacers LLC will not honor any claims or warranties made by Sponsoring Parties that are outside of any agreement between FundRacers LLC and Sponsoring Parties.

I expressly agree that use of Websites is a my own risk. Websites are provided on an "as is" and "as available" basis. Web Parties expressly disclaim all warranties of any kind, express or implied, including with limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.

Web Parties make no warranty that Websites' services will be uninterrupted, secure or error free, and do not guarantee the accuracy or completeness of any information in. Web Parties are not responsible for any errors or omissions, or for the results obtained from the use of such information.

I understand and agree that any material and/or data downloaded or otherwise obtained through the use of Websites is at my own discretion and risk and that I will be solely responsible for any damage to my own computer system or loss of data that results from the download of such material and/or data.

I agree to indemnify and hold Sponsoring Parties 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 the use of FundRacers.org or the violation of any term of this Agreement and Waiver as well as the Terms of Service (https://www.fundracers.org/Terms.aspx) by Registered Parties.

Websites are controlled by Web Parties within the State of Georgia, United States of America. By completing this event registration, both I and Web Parties agree that the statutes and laws of the State of Georgia, without regard to the conflict of laws principles thereof, will apply to all matters relating to registration for Events, this Agreement and Waiver, the Terms of Service or other use of Websites. I agree that exclusive jurisdiction for any dispute with Web Parties resides in the courts of the State of Georgia and I further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Georgia in connection with any dispute including any claim involving Web Parties.

I further expressly agree that this Agreement and Waiver is intended to be as broad and inclusive as is permitted by the law of the State of Georgia 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 my acceptance of this Agreement and Waiver electronically, I am confirming that I have read and understand this Agreement and Waiver and fully understand its terms. I understand that I am giving up substantial rights, including the right to sue. I acknowledge that I am signing the Agreement and Waiver freely and voluntarily, and intend by my acceptance to be a complete and unconditional release of all liability to the greatest extend allowed by law.