Terms and Conditions
These Terms and Conditions (these “Terms”) are an agreement that describes your rights and responsibilities in connection with any event or activity hosted or sponsored by wear blue: run to remember (each, an “Event”). By signing your name on any registration form, including any online registration submission, referencing an Event (each, a “Registration Form”), you hereby acknowledge that wear blue: run to remember, a 501(c)3 nonprofit organization, and its affiliates and their respective officers, directors, shareholders, representatives, agents, and employees and each of them (collectively, “Wear Blue,” or “We”) has not and does not assume any liability for any injury, damage or loss of any nature whatsoever which may occur as a result of your (and/or any minor(s’) named in the Registration Form) participation in or attendance at an Event. In consideration of being permitted by Wear Blue to participate in an Event and in recognition of Wear Blue’s reliance hereon, you agree to all of the terms and conditions set forth in these Terms.
PLEASE NOTE, NO MINOR IS PERMITTED TO SIGN THESE TERMS. IF YOU IDENTIFY ANY MINOR ON THE REGISTRATION FORM AS A PARTICIPANT IN ANY EVENT, YOU REPRESENT AND WARRANT THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER, YOU HAVE REACHED THE AGE OF MAJORITY IN YOUR STATE OF RESIDENCE, AND YOU HAVE THE RIGHT AND AUTHORITY TO CONTRACT ON BEHALF OF YOURSELF AND ON BEHALF OF ANY MINOR WHOSE NAME APPEARS IN THE APPLICABLE REGISTRATION FORM. If you have identified any minor or minors on any Registration Form, by signing these Terms you acknowledge and agree that you are entering into these Terms on behalf of each such minor, and where these Terms refer to “You” or “Your” it refers collectively to you (namely, the person signing these Terms) and to each minor named in the Registration Form.
1. Personal Health and Fitness. You understand that participating in an Event is potentially hazardous, and You should not enter and participate unless You are medically able and properly trained. We recommend that You consult Your doctor prior to undertaking training. You acknowledge and agree that Wear Blue is not advocating or suggesting the performance of dangerous activities, activities above Your skill level or activities that should only be performed by a professional. You have made a voluntary choice to participate in an Event in full knowledge of the risks involved. If You observe or experience any unusual or significant hazard while performing or attempting to perform any activities related to an Event or involved with Your participation or preparation thereof, You will remove Yourself from participation.
Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. You assume full responsibility for Your participation in an Event and willingly agree to comply with the stated and customary terms and conditions for participation, including as regards protection against infectious diseases.
2. Traveling to and at an Event. By signing up to take part in an Event, You accept complete responsibility for any injury or accident which may occur while You are traveling to or from an Event, during an Event, or while on the premises of an Event.
3. Use of Images. By taking part in an Event, You hereby perpetually and irrevocably grant to Wear Blue, and any third parties authorized by Wear Blue, the right and license to use Your name(s), portrait(s), picture(s), likeness(es), recorded voice(s), photograph(s), and biographical data, in any form or format, including but not limited to videotapes, motion pictures, photographs, negatives, text, drawings, film, website images, recordings or any other audio-visual records of an Event, without compensation and without restriction as to duration, geography, media (including social media) or frequency, for purposes including but not limited to marketing, advertising, and trade in promoting and publicizing any Event(s), including any future Event(s) that We may organize or administer, and Wear Blue.
4. Disclaimer. Participation in an Event is entirely at Your own risk and You should not enter or participate in an Event unless You are medically able and properly trained. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE AWARE AND UNDERSTAND THAT PARTICIPATION IN AN EVENT IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. YOU ACKNOWLEDGE THAT ANY INJURIES THAT YOU SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF WEAR BLUE, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF WEAR BLUE (PROVIDED THAT WEAR BLUE MAKES NO REPRESENTATIONS ABOUT AND DOES NOT GUARANTEE ANY RESPONSE OR THE PROVISION OF ANY RESCUE OPERATIONS IN CONNECTION WITH AN EVENT). NOTWITHSTANDING THE RISK, YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY PARTICIPATING IN AN EVENT WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM YOUR PARTICIPATION IN AN EVENT, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF WEAR BLUE OR OTHERWISE.
5. Waiver and Release. YOU, FOR YOURSELF AND YOUR HEIRS AND EXECUTORS, HEREBY WAIVE AND RELEASE ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, COSTS OR LIABILITY OF ANY NATURE WHATSOEVER, NOW OR HEREAFTER KNOWN, ARISING OUT OF OR ATTRIBUTABLE TO YOUR PARTICIPATION IN ANY EVENT(S), AGAINST WEAR BLUE, ANY EVENT(S’) ORGANIZERS, SPONSORS, PROMOTERS AND EACH OF THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, AND ALL OTHER PERSONS ASSOCIATED WITH ANY EVENT(S) (COLLECTIVELY, THE “RELEASEES”), WHETHER ARISING OUT OF THE ORDINARY NEGLIGENCE OF WEAR BLUE OR ANY OTHER RELEASEE, OR OTHERWISE. YOU COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST WEAR BLUE OR ANY OTHER RELEASEES, AND FOREVER RELEASE AND DISCHARGE WEAR BLUE AND ALL OTHER RELEASEES FROM ANY AND ALL LIABILITY UNDER SUCH CLAIMS. The disclaimers, exclusions, waivers and releases under these Terms will not apply to the extent prohibited by applicable law.
6. General Terms. To show Your solidarity to honor the service and sacrifice of the American military, You acknowledge that You are expected to wear an official wear blue shirt on race day (wear blue: run to remember will provide a complimentary shirt for all wear blue Mile volunteers). These Terms shall be governed by the laws of the State of Washington, without regard to its conflict of laws principles. The jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Pierce County, Washington, and You hereby agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Pierce County, Washington. These Terms constitute the sole and entire agreement of Wear Blue and You with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of these Terms are invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. These Terms are binding on and shall inure to the benefit of Wear Blue and Your and their and Your respective successors and assigns. Any signature (including any electronic signature, symbol, or process attached to, or associated with, a contract and adopted by a person with the intent to sign, authenticate or accept such contract) of these Terms and any Registration Form shall have the same legal validity and enforceability as a manually executed signature to the fullest extent permitted by applicable law.
7. Submitted Materials. By submitting any photographs (collectively, "User Submitted Materials") to Wear Blue, you agree to the following terms: Ownership and Rights: You represent and warrant that you own or otherwise possess all necessary rights to the User Submitted Materials. This includes the right to submit the photographs to Wear Blue and to grant Wear Blue the rights outlined in these terms. You further represent that the User Submitted Materials do not and will not infringe, misappropriate, use, or disclose without authorization, or otherwise violate any copyright, trademark, trade secret, or other intellectual property or proprietary rights of any third party. The User Submitted Materials must not be unlawful, fraudulent, threatening, abusive, libelous, obscene, or otherwise objectionable. License to Wear Blue: You grant Wear Blue a worldwide, non-exclusive, royalty-free, perpetual, irrevocable right and license to use, reproduce, distribute, publicly display, and create derivative works of the User Submitted Materials in connection with Wear Blue’s activities. This includes, but is not limited to, the marketing, promotion, and advertising of Wear Blue’s brand and mission through social media, websites, or other platforms. Rights of Appearances: You represent and warrant that you have obtained the appropriate licenses, permissions, and/or releases from all identifiable individuals appearing in the User Submitted Materials, including their name, likeness, or biographical information. If any such identifiable individual is under the age of eighteen (18), you represent that you have obtained written consent from the individual’s parent or legal guardian and agree to provide a copy of such consents upon request. Minors: If the User Submitted Materials contain images of individuals under the age of eighteen (18), you are responsible for obtaining written permission from the minor’s parent or legal guardian to submit the photo and grant the usage rights described in these Terms. We strongly encourage you not to include any identifying information, such as the individual’s name or address, with the submitted photos. Indemnification: You agree to indemnify and hold Wear Blue, its officers, employees, and agents harmless from any and all claims, damages, liabilities, and expenses arising out of or in connection with the User Submitted Materials or any violation of these Terms.
BY SIGNING A REGISTRATION FORM, TYPING YOUR NAME ON AN ONLINE REGISTRATION FORM, OR BY CLICKING A BUTTON OR BOX MARKED “I AGREE” YOU REPRESENT THAT: (A) YOU INTEND TO SIGN, AUTHENTICATE AND ACCEPT THESE TERMS; (B) YOU ARE AT LEAST 18 YEARS OF AGE, (C) YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THESE TERMS AND CONDITIONS, AND (D) YOU ARE VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE WEAR BLUE. IF YOU ARE SIGNING THE REGISTRATION FORM ON BEHALF OF YOURSELF AND ANY MINOR(S) NAMED IN ANY REGISTRATION FORM, YOU FURTHER REPRESENT THAT YOU AGREE TO THE FOLLOWING: I HAVE READ THE ABOVE TERMS AND CONDITIONS AND FULLY UNDERSTAND THE ASSUMPTION OF RISK, WAIVER AND CONSENT CONTAINED THEREIN. I FURTHER UNDERSTAND THAT I AND THE MINOR(S) NAMED ON THE REGISTRATION FORM HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO THESE TERMS AND I AGREE TO THESE TERMS FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT FOR MYSELF AND ON BEHALF OF THE MINOR(S) NAMED ON THE REGISTRATION FORM.