For the purposes of these Terms and Conditions of Participation, a Registrant (“Registrant”) shall be defined as the individual who purchased the tickets for the Event as defined herein. A Participant (“Participant”) is the person who will actually participate in the Event.
I acknowledge that I am either the Participant in the Event, as described herein, and am over the age of 18, or am the Registrant and am the parent or legal guardian of a Participant who is under the age of 18 (“Minor Participant”) having the legal capacity to accept these Terms and Conditions of Participation (“Terms and Conditions of Participation”) for myself and/or on behalf of such Minor Participant. Registrant expressly acknowledges that Participants under the age of 18 require consent to these Terms and Conditions of Participation to participate in the Event by their parent or legal guardian acting as Registrant.
REGISTRANTS AND PARTICIPANTS AGREE TO PARTICIPATE IN THE EVENT AT THEIR OWN RISK
Registrant acknowledges on behalf of himself and Participant that involvement in any sporting activity, including swimming, brings with it an increased risk of serious injury or death. In consideration for the right to participate in the Event:
The Registrant and/or Participant shall assume any and all risk of injury incurred or suffered by the Participant in connection with the Event and shall release and hold harmless Fitter and Faster Tour, LLC (“FFT), Arluck Promotions, Inc. (“Arluck Promotions”) and any person or entity affiliated with any such parties, their owners, officers, directors, shareholders, members, managers, employees, agents, representatives, successors and assigns (collectively, the “Released Parties”) from any and all actions, claims, demands, damages, obligations, liabilities, controversies and executions, of any kind or nature whatsoever, including but not limited to the negligence, breach of contract or wrongful conduct of the parties hereby released, whether known or unknown, whether suspected or not, may arise by reason of Registrant’s or Participant’s Participation in any portion of the Event. Registrant and Participant further waives any claim or right to assert any cause of action or alleged case of action or claim or demand which has, through oversight or error intentionally or unintentionally or through a mutual mistake, been omitted.
Participation (“Participation”) in the Event shall include, without limitation any prior to or during the Event, including competition, practice or instructional swimming and any and all activities in which either Registrant or Participant engages, whether or not directly related to the Event, at any time while on the premises of the facility utilized by or for the Event.
Registrant and Participant Acknowledge and agree that neither FFT nor Arluck Promotions own or maintain the venue utilized for the event (“Event Venue”) and neither Registrant nor Participant shall hold Either FFT or Arluck promotions liable for any injury suffered while at the Event Venue.
If the Event is rained out or postponed, Registrants will receive an email and/or a phone call with rescheduling information. If the Rescheduled Event is not convenient, upon written notice to FFT, Registrant shall be entitled to apply any amounts paid to a future FFT event. Notwithstanding the foregoing, neither FFT nor Arluck Promotions as defined herein shall have any liability for direct or consequential damages, including without limitation travel or hotel expenses, incurred by Registrant or Participant as a result of any cancelled or postponed Event.
A Registrant may cancel their registration at any time two business days prior to the day of the scheduled Event. Upon written receipt of cancellation by Registrant, Registrant may apply any amounts paid to a future FFT event Registrant acknowledges that attendance at the Event is limited and failure to make timely notice may make it difficult, costly or impractical for FFT to find a replacement Participant. A Participant who fails to provide proper written notification in a timely manner as detailed in this paragraph shall forfeit any and all amounts paid for participation in the event.
Failure of a Participant to show up to the Event without providing the required notice of cancellation prior to the Event shall result in forfeiture of registrant’s payment for such Event. In such case, neither Registrant nor Participant will be entitled to either utilize their fee to reschedule or receive a refund of any portion of the registration fee already paid.
FFT shall have the sole and exclusive right and authority to refuse admission or participation (including requiring such Registrant or Participant to leave the Event Venue) to any Registrant or Participant that FFT believes may be unfit to participate due to injury, is inebriated, or who is not otherwise participating in the Event in a manner consistent with FFT’s stated goals for the Event. Moreover, FFT shall have the exclusive right to refuse participation and admission to the Event to any person who is not, in the sole and absolute discretion of FFT, conducting themselves in a sportsmanlike manner. Any Registrant or Participant refused admission under this paragraph shall be deemed to have cancelled without proper notice and shall not be entitled to a refund. Neither FFT nor Arluck Promotions as defined herein shall have any liability for direct or consequential damages, including without limitation travel or hotel expenses, incurred by Registrant or Participant should they be refused admission pursuant to this paragraph.
FFT and Arluck Promotions shall have the unrestricted right and/or license to photograph, video or otherwise record the Event. FFT shall have the exclusive right to utilize such recordings including without limitation, the Participant’s voice, image or likeness, whether individually or with other Participants in marketing the Event, FFT generally or in the sale and distribution of FFT licensed products. Participant acknowledges and agrees that such voice, image or likeness shall be the property of FFT and may be used by FFT in its sole and exclusive discretion.
This Agreement shall be governed by and construed in accordance with the substantive laws of the State of Maryland, without regard to any choice of law provisions, rules, statutes or the like. The parties hereto agree that the venue for any action pursuant to these Terms and Conditions or the Event shall be in the circuit Court for Montgomery County, Maryland.
Having paid the registration, completed the necessary registration forms and read these Terms and Conditions of Participation Registrant and Participant do hereby accept all of the Terms and Conditions of Participation, as detailed herein, with respect to the Fitter and Faster Swim Tour, LLC Event for which I have registered (the “Event”).