Race the Perimeter Terms and Conditions
By participating in any activities organized by Race the Perimeter (“RTP”), you acknowledge and agree to the following comprehensive terms and conditions ("Terms"). RTP is a business operation of Jessica Rose Hood LLC.
1. Assumption of Risk
1.1 You, as a participant in RTP activities, hereby explicitly and comprehensively acknowledge that your engagement in running activities, training programs, events, and any other activities organized by RTP inherently involves various substantial and potential risks, including but not limited to:
1.1.1 Physical injuries: These may encompass a wide range of injuries, including sprains, strains, fractures, contusions, abrasions, and muscle-related injuries. Such injuries may arise from a myriad of factors, such as slips, trips, falls, collisions with objects, obstacles, or other participants, or from the inherent nature of running itself. The terrain on which running activities take place, including roads, trails, and other surfaces, can present uneven or unpredictable conditions that increase the risk of accidents and injuries.
1.1.2 Environmental risks: RTP activities may expose participants to a variety of environmental conditions and elements, such as extreme heat, cold, rain, snow, wind, and other natural elements. Exposure to these conditions can significantly impact physical well-being and may result in hypothermia, hyperthermia, frostbite, heat exhaustion, or dehydration, which in turn may lead to severe health complications or even fatal outcomes. Participants should be acutely aware of the potential impact of adverse environmental conditions on their health and safety.
1.1.3 Health-related risks: RTP activities require physical exertion that can be demanding on the cardiovascular and musculoskeletal systems. Overexertion, exhaustion, and exertion beyond one's physical limitations may lead to injuries, including but not limited to cardiovascular events or exacerbation of pre-existing medical conditions. It is essential for participants to gauge their own physical capabilities and engage in RTP activities responsibly.
1.1.4 Transportation risks: When RTP provides or organizes transportation to and from event locations, participants should be aware of the potential risks associated with travel. These risks may include accidents, collisions, delays, or unforeseen incidents during transportation that can result in injuries or other adverse consequences.
1.1.5 Equipment-related risks: When using equipment, facilities, or services provided by RTP, participants should recognize the potential for equipment malfunction, failure, or inadequacy. Such equipment-related issues may contribute to accidents, injuries, or damage to personal property.
1.2 By participating in these activities, you hereby explicitly, unequivocally, and without reservation assume all such risks, including those outlined above, as well as any other risks associated with participation in RTP activities. Your acknowledgment of these risks underscores your understanding of the potentially hazardous nature of running activities and your commitment to engaging in them willingly and with full awareness of the associated risks.
2. Health and Medical Acknowledgment
2.1 In furtherance of your commitment to safety, you explicitly acknowledge that any advice, guidance, or recommendations provided by physical therapists, coaches, trainers, medical professionals, or any other individuals affiliated with RTP are intended to be general in nature and educational in purpose.
2.2 You understand and accept that:
2.2.1 General Recommendations: These recommendations are offered as general guidelines and should not be construed as a substitute for personalized medical advice, diagnosis, or treatment. They are not intended to address the unique medical needs, conditions, or circumstances of individual participants.
2.2.2 Responsibility for Personal Health: It is your sole responsibility to consult with your own healthcare professional before initiating any new exercise, training program, or physical activity through RTP or otherwise. This consultation is essential to ensure that your participation is safe and medically appropriate based on your unique health condition, medical history, and physical fitness level.
2.2.3 Prompt Medical Attention: You recognize the critical importance of promptly seeking medical attention should any symptoms or health issues arise during or after RTP activities. Delays in seeking medical assistance can exacerbate health problems and increase the risk of complications. RTP strongly advises participants to prioritize their health and well-being by promptly addressing any health concerns that may arise in connection with their participation in RTP activities.
3. Release and Indemnification
3.1 In order to provide you with the opportunity to participate in RTP activities while effectively managing potential liability, you hereby release, discharge, and forever hold harmless RTP, its organizers, ambassadors, coaches, trainers, employees, volunteers, sponsors, partners, and affiliates from any and all claims, liabilities, demands, actions, causes of action, costs, expenses (including but not limited to medical expenses, rehabilitation costs, and legal fees), injuries, or damages of any nature or description arising from or in connection with:
3.1.1 Participation in RTP activities: This release encompasses any injuries sustained during your participation in RTP activities, regardless of whether such injuries result from your own actions, the actions of others, or from the inherent risks associated with the activity. It extends to injuries, whether minor or severe, and includes those resulting from unforeseen circumstances.
3.1.2 Use of RTP's services, facilities, and equipment: By participating in RTP activities, you acknowledge that RTP may provide access to services, facilities, and equipment. Any accidents, injuries, or damages that may occur while using these services, facilities, or equipment, including equipment malfunction or failure, are included in this release.
3.1.3 Attendance at RTP events: This release covers your presence at any RTP events, whether these events occur on-site or off-site. It encompasses any incidents or occurrences that may happen during your attendance at these events, including accidents, injuries, or damages that may occur within the event premises or in the vicinity.
3.2 You further agree to indemnify and hold RTP and its affiliates harmless from any such claims or liabilities, including but not limited to claims asserted by third parties, arising out of your actions, negligence, or misconduct. This indemnification applies to any legal costs, attorney's fees, settlements, or judgments incurred by RTP or its affiliates in the defense of such claims.
4. Limitation of Liability
4.1 As part of this agreement, you expressly acknowledge and agree that RTP, its officers, directors, employees, agents, and affiliates shall not, under any circumstances, be held liable for any direct, indirect, incidental, consequential, punitive, or special damages, including but not limited to:
4.1.1 Loss of income or profits: You understand that the pursuit of physical fitness and participation in running activities, while personally rewarding, may not be directly correlated with financial gains. Therefore, you acknowledge that RTP shall not be held responsible for any economic losses, including loss of income or business opportunities, whether such losses are directly or indirectly related to your participation in RTP activities or events.
4.1.2 Damage to property: While RTP takes precautions to ensure the safety of your personal belongings, you acknowledge that accidents or damage to personal property may occur. RTP shall not be held liable for any damage to property, including but not limited to personal belongings, equipment, or vehicles, regardless of whether such damage occurs during RTP activities or events.
4.1.3 Injuries or harm to your person: Your engagement in RTP activities inherently involves a degree of risk, and you recognize that physical or psychological injuries may occur. These injuries may encompass bodily injury, emotional distress, mental anguish, or any other form of harm. RTP shall not be held liable for such injuries or harm, whether physical or psychological, even if advised of the possibility of such damages.
4.2 This limitation of liability extends to all claims, whether based on contract, tort (including negligence), strict liability, or any other legal theory. By participating in activities, you acknowledge your understanding of the limitations of RTP's liability and expressly agree to hold RTP harmless in the event of any claims or disputes.
5. Emergency Medical Treatment
5.1 In the interest of ensuring your well-being and safety, you grant explicit permission for RTP to seek emergency medical treatment on your behalf should you become injured or incapacitated during an RTP activity or event. You acknowledge that RTP's primary concern in such situations is to provide immediate care and medical attention as necessary to protect your health.
6. Photography and Video Consent
6.1 You provide your informed and voluntary consent for the use of your likeness, including photographs and videos, for promotional, marketing, and educational purposes by RTP. This consent extends to the use of your likeness in various forms, including but not limited to websites, social media platforms, marketing materials, printed publications, and educational resources.
6.2 You understand that your likeness may be captured during the course of RTP activities and events, and RTP may use such media to share the experiences and successes of participants. This promotional use of your likeness is intended to inspire and motivate others to engage in healthy and active lifestyles.
7. No Refund Agreement
7.1 All Entry fees and purchases are NON-REFUNDABLE. Once we receive and accept your entry/purchase, you will not receive a refund from RTP or our partners if you cannot participate. You may not just give or sell your number to anyone, unless you do this through the proper transfer process approved by the RTP, and only if this option is applicable to the event in question.
7.2 In the event the Event is delayed or canceled for any reason, including but not limited to: fire, threatened or actual strike, labor difficulty, work stoppage, insurrection, war, public disaster, flood, unavoidable casualty, acts of God or the elements, or any other cause beyond the control of RTP there shall be no refund of the entry fee or any other costs in connection with the Event.
8. Governing Law and Jurisdiction
8.1 This Agreement shall be construed in accordance with and governed by the laws of the District of Columbia, without regard to its conflicts of law principles. In the event of any dispute, the Parties agree and submit to the exclusive jurisdiction of the local or federal courts of the District of Columbia.
8.2 In the event of any disputes, claims, or legal actions arising out of or relating to these Terms, RTP activities, or events, you expressly agree that adherence to the exclusive jurisdiction of the state and federal courts located within the District of Columbia is implied by participating in activities, creating an account, attending an event, or signing up for membership. This agreement ensures a clear legal framework for resolving any disputes that may arise.
9. Miscellaneous
9.1 In the event that any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, such determination shall not affect the validity and enforceability of the remaining provisions contained herein. The remaining provisions shall continue to be binding and effective.
9.2 These comprehensive Terms constitute the entire understanding and agreement between you and RTP concerning your participation in RTP activities. They supersede all prior agreements, understandings, representations, and communications, whether oral or written, related to the subject matter contained herein.
Contact Information
If you have any questions, concerns, or require clarification regarding these extensive Terms, please do not hesitate to contact us at racetheperimeter@gmail.com. We are committed to providing you with the necessary information and support to ensure your understanding and adherence to these terms and conditions.