VOLUNTARY RELEASE, WAIVER, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT ("Agreement")
In consideration of my participation in RUNNING UP FOR AIR WITH PATAGONIA 2022, to be held on June 25, 2022] (“RUFA 2022” or the “Event”), and all activities associated therewith, the undersigned for myself, my personal representatives, heirs, next of kin, spouse and assigns DO HEREBY:
- Release, Discharge and Covenant Not To Sue Patagonia Europe Coöperatief U.A., Patagonia Works, Patagonia, Inc., all of their affiliated companies, their officers, directors, agents, Trustees, contractors, employees, shareholders and insurers (all collectively referred to herein as "Releasees") from any and all claims, loss, liability, damages, or expense related to the Event in any way, arising out of 1) any wrongful or negligent acts or omissions on the part of Releasees or any other person; 2) failure or malfunction of any outfit, gear, equipment or vehicle or 3) any other cause whatsoever, which may cause me injury, death, damages of any kind, delay, inconvenience or property damage. I hereby covenant to defend Releasees, hold Releasees harmless, and to indemnify Releasees for any claim, loss, liability or expense (including, without limitation, attorneys’ fees and costs which Releasees, or any of them, may incur) Releasees may incur in connection with the Event or arising out of my activities.
- Understand that participation in this Event can present hazards and danger of injury. My participation is voluntary and I Voluntarily Elect to Accept All Risks connected with my participation in the Event.
- Understand that athletic events involve certain inherent risks of possible injury, including or loss of life. Despite these risks, I still choose to proceed in such activity.
- Acknowledge that I am familiar with any outfit, gear or equipment I may be using, or will become familiar with it prior to use, and the safety and warning aspects of such outfit, gear and equipment, and I will comply with these. If I fail to do so for any reason, I ASSUME ALL RISK for myself and assume all liability to others for such failure, and I HEREBY RELEASE Releasees for any failure or malfunction in the outfit, gear or equipment or its inadequacy for the use I make of it.
- Represent that I know of no physical disorder which should keep me from participating in the Event and I agree that I AM SOLELY RESPONSIBLE for any and all injuries or harm that I may incur in participating in the Event.
- Agree that this Agreement shall apply to any incident, injury, accident or death associated with the Event, and to any injury, accident, death, or damages occurring as a result of the Event any time after the execution of this Agreement.
- Agree that in the event any court finds any of the provisions of this Agreement invalid or unenforceable, then such court shall sever such invalid or unenforceable provision to the extent necessary to enforce the remaining provisions of this Agreement, which remaining provisions will remain in full force and effect.
- This Agreement shall be governed by and construed in accordance with the laws of the Netherlands. Any dispute, controversy or claim arising out of or in connection with this Agreement shall be exclusively submitted to the competent courts of Amsterdam, the Netherlands.
I HAVE READ THIS DOCUMENT. I UNDERSTAND IT IS A RELEASE AND WAIVER OF ALL CLAIMS OR RIGHTS TO FILE A LAWSUIT OR OTHERWISE RECOVER FROM RELEASEES. I UNDERSTAND I ASSUME ALL RISKS INHERENT IN THE EVENT AND IN THE ACTIVITIES I WILL PARTICIPATE IN. I HAVE BEEN GIVEN TIME TO CONSIDER WHETHER TO SIGN THIS RELEASE AND GIVEN THE OPPORTUNITY AND TIME TO REVIEW IT WITH MY OWN COUNSEL, AND HAVE EITHER DONE SO OR VOLUNTARILY ELECTED NOT TO DO SO. BY SIGNING UP FOR RUFA 2022 ON STRAVA, I CONFIRM THAT I VOLUNTARILY PARTICIPATE IN THE EVENT AND ACCEPT THE ABOVE PROVISIONS.
TERMS & CONDITIONS “RUFA” 2022
Running Up for Air 2022 (“RUFA 2022”) is an event organized by Patagonia Europe Coöperatief U.A. to take place on June 25,2022 and raise awareness and funds for NGOs campaigning for clean air action. More information about this event is available on our site’s FAQs.
This document sets out the terms and conditions (“Terms and Conditions”) of participating in RUFA 2022 online by means of using this website (the “Website”). These Terms and Conditions and the separate Release and Waiver form (relating to your physical participation) are legal agreements between you and Patagonia Europe Coöperatief U.A. (“Patagonia”, “us”, “we”, “our”), a company registered in The Netherlands under registered number 55132456 with registered office at Jollemanhof 11, 1019 GW, Amsterdam, The Netherlands.
AGREEMENT TO TERMS AND CONDITIONS
Please read these Terms and Conditions carefully. By signing up for RUFA 2022 and accessing our Website, you are explicitly acknowledging that you are at least 18 years of age at the time of the event, have read and understand these Terms and Conditions, and you agree to be bound by them. If you do not agree to these Terms and Conditions, you are not authorized to participate in RUFA 2022 and use this Website. Patagonia reserves the right to change these Terms and Conditions at any time. You are responsible for checking these Terms and Conditions periodically for changes. Your continued use of your RUFA 2022 account and the Website after Patagonia has made changes will mean that you agree to the changes. We recommend you save and/or print a copy for your records. If you have any difficulty doing so, please email us at firstname.lastname@example.org.
In addition to these Terms and Conditions, participating in RUFA 2022 and using this Website is also subject to our Privacy Notice, which is expressly made a part of our agreement with you and sets out how we will process your personal information. When you agree to these Terms and Conditions, you also acknowledge you have read our Privacy Notice. It is important that you read the Privacy Notice and only participate in RUFA 2022 and use the Website if you understand and agree to be bound by our Privacy Notice.
(a) Ours. Our Website and all information, images, photographs and other content displayed on the Website (“Material(s)”) are protected by certain rights. These rights include all patents, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in design and all other intellectual property rights, in each case whether registered or unregistered (“Rights”). These Rights either belong directly to Patagonia or are licensed for Patagonia to use from their respective owners or licensors. You may only view, print out and use the Website and the Materials for your own personal, non-commercial use. We expressly reserve all rights, in and to the Website and the Materials and your use of the Website and the Materials is subject to the following restrictions.
You must not:
- remove any copyright or other proprietary notices contained in the Materials;
- use any Materials from our Website in any manner that may infringe any of our rights or the rights of a third party; or
- reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit our Website and/or the Materials in any way, including for any commercial purpose, without our prior written consent.
Use of our Materials for any purpose without first obtaining our express written permission may be a violation of our copyright and/or other proprietary rights. We and our licensors reserve the right to exercise all rights and remedies available in respect of any infringement of rights in the Website or the Patagonia Materials accessible on it.
(b) Yours. You retain ownership rights in anything you submit to us during RUFA 2022, through our Website or email. However, when you submit materials to us (e.g. information, photos, videos or other materials), you grant us a free, worldwide, perpetual right to modify, reproduce, distribute, publicly display and perform the materials you have submitted, including, without, limitation, your name and likeness, and allow others to do the same for any purpose, including, without limitation, commercial purposes. You agree that you will not receive any compensation whatsoever for the aforementioned usage, and you are not entitled to make any claim in connection with our exercise of the permissions you have granted us, including, without limitation, claim(s) based on invasion of privacy, idea misappropriation, other violation of your civil rights, or defamation.
(a) General Information. Our Website is primarily meant to provide you with information about RUFA 2022. While we try to keep our Website up-to-date and accurate, we take no responsibility for any incorrect information on the Website.
(b) Your Submissions. Our Website may also include: surveys to help us learn about you or your interest in RUFA 2022; being part of a news story about an event; newsletter sign-up; and a poster request form. We do not guarantee any confidentiality or anonymity with respect to any information you provide to us. By submitting information, photos or other materials to us through the website, social media or via email, you expressly: 1) give us permission to use such materials for any purpose; and 2) represent and warrant that you are the owner of such materials have the right to permit us to use them for any purpose.
(c) Event Registration. Signing-up to participate in RUFA 2022 requires the creation of an account and registration on the Strava platform. Please note that Strava is an independent controller under the GDPR. For more information about the processing of your personal data for RUFA 2022, please refer to our Privacy Notice available here.
(d) Other Third Party Sites. Our Website may contain links to other third-party websites that are not owned or controlled by us. Links do not imply that we are, or our website is, affiliated to or associated with such sites. We are not responsible for the content, products, services, policies, or practices of any third-party website(s). By visiting those sites, you may be subject to the privacy policies and/or terms and conditions of use that may apply to such website(s) and we recommend that you read those terms and policies before proceeding.
RESTRICTIONS ON USE
We give you permission to use our Website so long as you abide by these Terms and Conditions and our Privacy Notice and do not:
- use the materials on the Website for any commercial purpose;
- use the Website or its content for any illegal purpose;
- attempt to gain unauthorized access to any other user’s computer systems or networks associated with the Website;
- modify or attempt to modify or in any way tamper with Website;
- use the Website or any of its content in a way that may infringe upon the intellectual property other rights of any third party, including, without limitation, trademark, copyright, right of privacy or right of publicity; or
- interfere with or disrupt networks connected to the Website or violate the regulations, policies or procedures of such networks.
We reserve the right to suspend or terminate your participation in RUFA 2022 or access to the Website at any time if we suspect that your participation in RUFA 2022 or the use of the Website or its content may be unlawful, violate the rights of third parties or any of the terms of these Terms and Conditions or our Privacy Notice and we will not be liable for any resulting loss of damage to the fullest extent permissible by law.
YOUR LIABILITY TO US
If you bring a claim against us related to your actions during your participation in RUFA 2022, your use of the Website or any materials submitted by you through the Website by email or otherwise, you agree to compensate us for all damages, losses, and expenses of any kind (including, without limitation, legal fees and disbursements) related to such claims. We remind you that as a condition to your participation in RUFA 2022, you were required to agree to the Waiver and Release form.
RUFA 2022 and this Website are provided for your convenience. You should not rely on information provided during RUFA 2022 or on this Website as a substitute for professional medical advice, diagnosis, or treatment and nothing on this Website creates a physician-patient relationship. Do not disregard, avoid or delay obtaining medical advice or seeking emergency care. We recommend you take further advice or guidance before taking any action based on information contained on or generated during RUFA 2022 or by our Website.
(a) You acknowledge that we cannot guarantee that RUFA 2022 or our Website will:
- stay the same as we might change or remove it or make access to it subject to registration or charges;
- be compatible with all or any hardware or software which you may use;
- be available all the time or at any specific time;
- be accurate and up to date; or
- be error-free or free of viruses, electronic bugs, Trojan horses or other harmful components and you must take your own precautions accordingly.
(b) You also acknowledge that:
- we cannot guarantee the speed or security of the Website; and
- we will not be responsible for any damage or loss you may suffer directly or indirectly as a result of any virus attack that can be traced to our Website to the fullest extent permissible by law.
LIMITATION OF LIABILITY
(a) To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to RUFA 2022 or our Website or any Materials on it, whether express or implied.
(b) We are only liable to you in connection with your participation in RUFA 2022 and the use of our Website for losses which you suffer as a direct result of our breach of these Terms and Conditions. We shall not be liable for any indirect, special, incidental or consequential damage or loss or for any business losses that you may incur, including but not limited to lost data, lost profits or business interruption.
(c) Patagonia is not liable for any Materials posted by other users and which are available during RUFA 2022 or on the Website. In the event that you believe such Materials infringe any Rights, or are illegal, then you should contact us [as explained above] so that we may investigate.
(d) We do not exclude our liability (if any) to you for:
- Personal injury or death resulting from our negligence;
- Fraud or Fraudulent misrepresentation; or
- Any matter for which it would be illegal for us to exclude or to attempt to exclude our liability.
These Terms and Conditions, the Waiver and Release Form and our Privacy Notice (together, “our Agreements”) make up the entire agreement between you and us regarding RUFA 2022 and the Website, and supersedes any prior agreements. If any part of our Agreements is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any part of our Agreements, such failure will not be considered a waiver. Our Agreements do not confer onto any third party any beneficiary right(s) which are fully transferable and assignable solely by us, our transferees and assigns. Any terms of our Agreements that are, by their nature, intended to survive termination will survive. Our Agreements be interpreted in accordance with the laws of The Netherlands and the Dutch Courts will have exclusive jurisdiction for any action under our Agreements.