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Team Vegan Waiver and Terms and Conditions

Please read the waiver carefully:

By checking the box below, you agree, warrant and covenant as follows: The Team Vegan Fundraising Commitment AND Waiver of Negligence and Complete Release of Liability

Fundraising and Participation

Vegan Outreach will take on the following costs associated with hosting Team Vegan: training fees, fundraising support, prizes, and a Team Vegan running shirt.

As a Team Vegan member I understand that it is my responsibility to raise the minimum goal of $1,000 by July 26, 2009. I understand that it is my responsibility to register and pay for the race entry fee in a timely manner.

I understand that all the contributions processed by Vegan Outreach are non-refundable, even if I do not complete the training program or participate in the race.

* If I have not met the minimum fundraising requirement by the deadline, I may make my own donation to reach that minimum, or I may choose not to participate.

* If I raise $1,000 for Vegan Outreach, Vegan Outreach will reimburse me for $30 of my race entry fee if I request it by August 30, 2009.

I HAVE READ, UNDERSTOOD, AND AGREE TO THE ABOVE.

*Note - In the event that for whatever reason Vegan Outreach and/or Coach Darren can no longer provide formal training services/fundraising support, Team Vegan participants will no longer be held accountable for reaching the above outlined minimum fundraising goal. However, any dollars raised for Vegan Outreach during the period preceding such an event are non-refundable.

Waiver of Negligence & Complete Release of Liability

Waiver & Release of Liability

I wish to participate in Team Vegan which I understand to be a 13 week training program culminating in the San Francisco Marathon, Half Marathon, or 5k on July 26, 2009. I understand that any fitness activities associated with Team Vegan leading to and including the San Francisco Marathon (26.2 miles), Half Marathon (13+ miles) or 5K (3.1 miles) may be an extreme test of my physical and mental abilities.

I acknowledge further that any and all such Team Vegan activities carry with them the potential for harm -- both to myself and to my property, including but not limited to, loss of or damage to my possessions, bodily injury, and death. I hereby certify that I understand and accept any and all risks associated with my participation in Team Vegan, and I agree to release and hold harmless Vegan Outreach, other presenters and sponsors of Team Vegan, and any and all trainers for Team Vegan including without limitation Coach Darren Middlesworth and/or Razorfit trainer subcontractors and employees, and any and all Team Vegan associated persons and/or entities ("Parties"), from and against any and all liability, for any and all harm to myself or to my property, that may arise from my participation in Team Vegan.

I am in good health, physically fit, and capable of participating in Team Vegan, and my medical care provider has approved my participation. If I am aware of or under treatment for any physical infirmity, ailment or illness, or if I am taking any prescription or over-the-counter medications, my medical care provider knows of and has approved my participation in Team Vegan. I understand, or will educate myself about, the dangers of dehydration and hyponatremia (low blood sodium) and will take precautionary measures to prevent these conditions. I acknowledge that I, and I alone, am solely responsible for my personal health and safety, and the personal property I bring with me. I also acknowledge full and sole responsibility for my own medical expenses, and I am responsible for any and all medical expenses incurred on my behalf.

I will read the description and guidelines for participation in Team Vegan, and I will abide by any rules and regulations established by Team Vegan organizers and personnel as well as the laws of any county, city, or other jurisdiction in which I will train.

I understand that my name, photograph, voice or likeness may be used by Vegan Outreach, their licensees, affiliates and employees. I consent to and authorize, in advance, such use and waive any rights of privacy and/or publicity I may have in connection therewith.

I understand that, in the event that any one or more of the provisions contained in this Waiver and Release shall, for any reason, be held to be invalid, void, illegal or unenforceable in any respect, such invalidity, voidness, illegality or unenforceability shall not affect any other provision of this Waiver and Release, and the remaining portions shall remain in full force.

I HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND ITS CONTENTS. I am aware that this is a RELEASE OF LIABILITY and a contract between me and Vegan Outreach and all of their respective officers, directors, employees, agents and representatives, and I sign of my own free will.

1. Authority to Register and/or to Act as Agent. You represent and warrant to Vegan Outreach, Inc. that you have full legal authority to complete this event registration on TeamVegan.biz. In addition, if you are registering third parties, you represent and warrant that you have been duly authorized to act as agent on behalf of such parties in performing this event registration. By proceeding with this event registration, you agree that the terms of this Registration Agreement shall apply equally to you and to any third parties for whom you are acting as agent. Compliance with Children's Online Privacy Protection Act (COPPA). You represent and warrant that, in compliance with COPPA, you are over thirteen (13) years of age, and that if you are registering a child under fourteen (14) years of age you are the parent of such child, and do hereby consent to the collection of such child's personal information by Active.
2. Limitation of Liability; Disclaimer of Warranties. VEGAN OUTREACH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE TEAMVEGAN.BIZ 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 TEAMVEGAN.BIZ OR (D) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF TEAMVEGAN.BIZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF TEAMVEGAN.BIZ IS AT YOUR SOLE RISK. TEAMVEGAN.BIZ IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TEAMVEGAN.BIZ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TeamVegan.biz makes no warranty that the TeamVegan.biz sites' services will be uninterrupted, secure or error free. TeamVegan.biz does not guarantee the accuracy or completeness of any information in, or provided in connection with, the TeamVegan.biz site. TeamVegan.biz is not responsible for any errors or omissions, or for the results obtained from the use of such information. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of TeamVegan.biz is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data.
3. Indemnification. You agree to indemnify and hold each of Vegan Outreach, Inc and its officers and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of TeamVegan.biz.
4. Applicable Law; Consent to Jurisdiction. The TeamVegan.biz site (excluding linked sites) are controlled by Vegan Outreach, Inc from its offices within the State of California, United States of America. By completing this event registration, both you and Vegan Outreach, Inc agree that the statutes and laws of the State of California, without regard to the conflict of laws principles thereof, will apply to all matters relating to this event registration, this Liability Waiver, or other use of the TeamVegan.biz. You agree that exclusive jurisdiction for any dispute with Vegan Outreach, Inc. resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any dispute including any claim involving Vegan Outreach or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
5. Severability. If any provision of this Liability Waiver shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Liability Waiver and shall not affect the validity and enforceability of any remaining provisions.
6. Vegan Outreach, Inc. shall only use any Personal Identifying Information (as defined below) for the purpose of order processing, fulfillment, customer service, and renewal purposes. Vegan Outreach, Inc shall not use any Personal Identifying Information for marketing or solicitation purposes or for any other purpose not explicitly permitted in this Agreement. "Personal Identifying Information" shall include any information about users of TeamVegan.biz's website provided to Vegan Outreach, Inc. or any information provided to Vegan Outreach, Inc. by registrants or other users of TeamVegan.biz's website.