Bogus Challenge 5 - Classic Race

Wednesday, February 3, 2021 5:30 PM (GMT-7) - Wednesday, February 3, 2021 11:59 PM (GMT-7)

Event info
Sport: Skiing - cross-country
Location: Bogus Basin Frontier Point Lodge, ID, United States
Registrations: 20
Registration closes: Wednesday, February 3, 2021 5:30 PM (GMT-7)
Organized by: Bogus Basin Nordic Team
Event website: bbnt.ski

Bogus Challenge 5 - Classic Race

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This event is part of a series. To register for an entire series click the series name below.
Bogus Challenge Community Race Series  
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Please review the waiver provided by the event organizer and click the check box below to accept it. Print waiver
This Entry and Participation Agreement and Liability Waiver (the “Agreement and Waiver”) is between The Bogus Basin Nordic Team (“BBNT”), Bogus Basin Recreational Association, Inc. (Bogus Basin) and race participants (“Participant” or “I”).
I the participant (and the Parent or Guardian if under the age of 18) has read, understands and agrees with the following and acknowledges the same by Participant’s signature (and the Parent or Guardian’s signature if under the age of 18) below. Participant also understands that BBNT requires that, prior to participating in the Bogus Challenge Community Race Series (“Program”) and its accompanying event (“Event”), unless and until Participant accepts the terms of the waiver, Participant will not be permitted to participate in the upcoming Program and Event.

Rules: Participant acknowledges and agrees to become familiar with and abide by all written and/or posted rules BBNT related to the Program and Event, as well as all written and/or posted rules of the Program and Event. Participant further acknowledges and agrees to comply with all directions, instructions and decisions of BBNT and Program and Event personnel. Participant further acknowledges and agrees not to challenge these rules, directions, instructions, or decisions on any basis at any time.

No Liability: Participant acknowledges and agrees that: BBNT has made no representation or warranty as to the suitability of the Program and Event for any specific purpose; BBNT shall not undertake responsibility nor shall it be liable for the actions of any participant or third party in the Program and Event. BBNT and its past, present and future parents, subsidiaries (whether or not wholly-owned), affiliates, divisions, agents, representatives, officers, directors, employees, staff, agents, servants, successors and assigns, the owner of the venue of the Program and Event, sponsors, or independent contractors shall not be responsible for any loss, costs, damages, consequential, special or punitive, or liability incurred by Participant of any nature including, but not limited to, those arising from any form of negligence, gross negligence, strict liability, reckless misconduct, intentional torts, personal injury, or criminal activity. Participant acknowledges and agrees that: this Agreement and Waiver is made in the State of Idaho and shall be governed by and construed in accordance with Idaho law without respect to its choice of law provisions; that all of the acknowledges, agreements, understandings, covenants, promises, representations, warranties, waivers, consents and releases contained in this Agreement and Waiver shall be binding upon me, my heirs, executors, administrators, personal or legal representatives, successors, assigns and all members of my family; and that the prevailing party in any litigation, arbitration or mediation relating to this Agreement shall be entitled to recover its reasonable attorneys’ fees from the other party for all matters including, but not limited to, appeals.

Participant’s Representations and Warranties: Participant represents and warrants that I am in sufficient good health, and in proper physical condition, to take part in the Program. I further agree and warrant that if at any time I believe, or become concerned, that any activity is or may be unsafe for me or others, I will immediately discontinue my participation. Therefore, I assume full responsibility for myself, for bodily injury, death, loss of personal property and expenses thereof as a result of these inherent risks or dangers and for any negligence or risks from my participating in the Program and Event.

Attitude and Behavior: Participant acknowledges and agrees to exhibit appropriate behavior at all times; demonstrate respect for all people, equipment, and facilities; and participate with a cooperative and positive attitude.

Alcohol & Drugs: Participant certifies that I am not, and on the date of the Event will not be, under the influence of alcohol or any drugs or any other item that would in any way impair my ability to safely participate in the Program and Event, or my judgment. I further, understand that alcohol consumption prior, during and following the Program and Event is discouraged by BBNT and take full responsibility for any decision to consume alcohol at that time.

Specific Rules: Participant acknowledges and agrees to abide by the following rules: 1) no urination or defecation is permitted outside of designated areas at the Program and Event; 2) no wheeled conveyances or pets are allowed in the Program and Event; at any time; 3) no clothing, props or equipment that pose an unnecessary risk to participants, spectators or personnel are permitted; and 4) Participant will obey civil and criminal laws including traffic laws.

Dangerous and Extreme Conditions: By participating in the Program and Event, Participant acknowledges and agrees that: there are inherent risks in any ski activity, which inherent risks include, among others, the risk of injury, illness, or death. Knowing and understanding these risks, Participant agrees to fully assume all risk of illness, injury and death arising from or related to my participation in the Program and Event

Delay or Cancellation: BBNT reserves the right to change the time and date and location of the Program and Event at its sole and absolute discretion due to, but not limited to, weather and atmospheric conditions. Further, BBNT reserves the right to change the course design or other aspects of the Program and Event to maintain the health, safety, and enjoyment of the participants. All entry fee payments are final and non‐refundable. Further, Participant understands that Participant will not be entitled to a refund of any other costs incurred in connection with the Program and Event.

Govern Participation: Participant acknowledges and agrees that BBNT has the authority to issue instructions or directions relating to the manner of my safe participation in the Program and Event and the authority to halt my participation in the Program and Event at any time they deem it necessary to protect the safety of participants, spectators, and personnel; and/or promote fairness and the spirit of BBNT.

Removal: BBNT reserves the right to prevent any participant from the Program and Event or to terminate any participant at any time and in its sole and absolute discretion, if such participant is conducting him/herself in a way which is detrimental to the health, safety, or enjoyment of any other participant, including the offending participant or in any way violates any of the terms and conditions hereof (collectively, “for cause”). Participant agrees to abide by any BBNT decision regarding my participation in the Program and Event and any awards given by BBNT. Participant acknowledges and agrees that: there will be no refund for which payment has been received by BBNT; that I was provided with this Agreement and Waiver prior to my attendance at the Program and Event; and that I had the option to forgo attendance at the Program and Event without agreeing to the terms in this Agreement and Waiver.

Participant Consent to Recording and Use of Name, Likeness, etc.: For valuable consideration, including Participant being allowed to participate in the Program and Event, Participant hereby irrevocably authorizes and consents to the following: (i) BBNT, its affiliates and partners, and their designees and licensees filming, taping, photographing, recording, and otherwise capturing by any means now known or hereafter devised, my name, likeness, appearance, voice, performances, activities, interviews, signatures, and biographical information (collectively “Participant Identity”) during and in connection with the Program and Event; (ii) BBNT, its affiliates and partners, and their designees and licensees making unlimited and unrestricted use, reproduction, editing, adaption, public display, public performance, broadcast, exhibition, streaming, publication, and distribution (whether by sale, lease, rental, or otherwise) of any and all photographs, still images, video and audio footage, recordings, transcripts, and other fixations and embodiments of Participant Identity resulting from the aforementioned filming, taping, photographing, recording, and capturing (collectively “Recordings”) for any and all lawful purposes (commercial and non-commercial), including, without limitation, broadcasting, syndication, publishing, advertising, promotion, marketing, merchandising, editorial, education, training, public relations, charitable, and fundraising purposes, in perpetuity and throughout the universe, via any and all media now known or hereafter devised (including, without limitation, the Internet and mobile and wireless media, television, radio, print and electronic publications, and merchandise).
Participant acknowledges and agrees that as between Participant and BBNT, any and all Recordings and all copyrights and other intellectual property rights therein and thereto shall belong to and become the sole property of BBNT. Participant further understands, acknowledges and agrees that BBNT, as sole owner, has the full right to sell and/or profit from the commercial use of such Recordings or to transfer or assign the rights to use such Recordings to any entity without restriction and that in no event shall I have the right to enjoin the making, production, distribution, use or other exploitation of any Recordings by BBNT, its affiliates and partners, and their designees and licensees.

Fee Refunds: Participant acknowledges and agrees that all fees and associated costs (including optional product purchases, spectator tickets, and donations), paid in registration for the Program and Event are not refundable for any reason under any circumstances, including but not limited to injury, a scheduling conflict, and/or event cancellation. Notwithstanding the foregoing, Participant understands that active duty or deployed military participants may be entitled to a refund on a case-by-case basis upon providing sufficient, official documentation regarding the deployment that conflicts with the Program and Event.

Participant Release and Indemnity: As used herein, “Released Parties” include BBNT its past, present and future parents, subsidiaries (whether or not wholly-owned), affiliates, divisions, agents, representatives, officers, directors, employees, staff, agents, servants, successors and assigns, and its contractors, insurers, spectators, equipment suppliers, and volunteers; all BBNT event sponsors, organizers, promoters, directors, officials, property owners, and advertisers; governmental bodies and/or municipal agencies whose property and/or personnel are used; and any or all parent, subsidiary or affiliate companies, licensees, officers, directors, partners, board members, supervisors, insurers, agents, equipment suppliers, and representatives of any of the foregoing.
As used herein, “Releasing Parties” include the Participant as well as Participant’s spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on Participant’s behalf.
FOR VALID CONSIDERATION, INCLUDING PARTICIPANT BEING ALLOWED TO PARTICIPATE IN THE PROGRAM AND EVENT, PARTICIPANT (ON BEHALF OF THE RELEASING PARTIES) HEREBY FOREVER AND IRREVOCABLY WAIVES, RELEASES, COVENANTS NOT TO SUE, AND DISCHARGES, AND FURTHER HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS, TSM AND THE OTHER RELEASED PARTIES FROM ANY AND ALL CLAIMS, ACTIONS, SUITS, CAUSES OF ACTION, LIABILITIES, LOSSES, DAMAGES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND LEGAL COSTS)
(COLLECTIVELY “CLAIMS”) ARISING FROM OR RELATED TO PARTICIPANT’S PARTICIPATION IN THE PROGRAM AND EVENT, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR PERSONAL INJURY, ILLNESS AND DEATH, INFLICTION OF EMOTIONAL DISTRESS, DAMAGE TO OR LOSS OF PROPERTY, VIOLATION OF RIGHT OF PUBLICITY OR PRIVACY, INFRINGEMENT OF COPYRIGHT, DEFAMATION, LIBEL, AND FALSE LIGHT, WHETHER KNOWN OR UNKNOWN, INTENTIONAL OR UNINTENTIONAL, AND WHETHER UNDER A THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY OR OTHERWISE.
Participant further acknowledges agrees that I shall be liable for any attorneys’ fees and legal costs incurred by the Released Parties in connection with any claim or lawsuit brought by me or any of the other Releasing Parties in violation of this Agreement and Waiver.
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I have carefully read this Agreement and Waiver and understand that it contains, among other things, a full release of any
liability of BBNT and its past, present and future parents, subsidiaries (whether or not wholly-owned), affiliates, divisions, agents, representatives, officers, directors, employees, staff, agents, servants, successors and assigns, and BBNT’s independent contractors, vendors and suppliers, and constitutes a legally binding contract between me and BBNT. My acceptance of terms is of my own free will and I agree to all stated conditions, releases and limitations of liability. My failure to initial any of the foregoing paragraphs shall not change the binding nature of such paragraphs.

CONSENT OF PARENT / LEGAL GUARDIAN: (for Participant who is under 18)
I, the undersigned, hereby certify that I am the parent or legal guardian of the aforementioned Participant; I have read and fully understand all the provisions (and their legal effect) of this Agreement and Waiver; and I fully accept and consent to this Agreement and Waiver and acknowledge and agree that the aforementioned Participant and I both shall be legally bound thereby.
Name of parent or guardian who approves this activity