YINZ RUN CLUB - LIABILITY & RELEASE WAIVER

YINZ RUN CLUB, Inc.

Code of Conduct

Yinz Run Club is dedicated to providing the best community experience possible for all participants in our weekly offerings and special events. Our goal is to provide an environment that is inclusive, welcoming, and filled with joy and celebration. Our Community Code of Conduct, detailed below, governs how we all participate and behave to ensure a safe and enriching space for all. We are committed to creating a diverse, harassment-free experience for everyone, regardless of gender identity or expression, sexual orientation, disability, physical appearance, body shape or size, race, nationality, language or religion. Any form of written, social or verbal communication that can be considered offensive or harassing to any community member, participant, or staff will not be tolerated; community participants violating these rules may be sanctioned or expelled from the community. 

Community Expectations:

• Be Welcoming
  • All community participants should feel welcome, regardless of their personal background. Please be polite, courteous, and considerate to fellow participants. 
    • No offensive comments regarding gender identity or expression sexual orientation, disability, physical appearance, body size, race, nationality, language, or religion will be tolerated. 
    • Yinz Run Club welcomes community participants of all abilities at all points in their running journey. No negative comments about others' running pace or physical fitness/ability will be tolerated. 
• Be Respectful 
  •  We expect all participants to be respectful when communicating with other participants, even when differences of opinion arise. Participants are expected to work together to resolve disagreements constructively and respectfully. Disagreement is no excuse for poor manners. 
    • Show respect for fellow club members at all times;
    • Show respect and appreciation for the volunteers who give their time to help the club and/or event(s);
    • Show respect for partner organizations and their employees or volunteers who provide support through any means, such as offering a physical venue in which to host our events, etc;
    • Never yell, taunt, or threaten physical violence towards other members of the club, a volunteer or event spectator. Members found to have a criminal history of violence or a legal restraining order against them by another participant may be barred from participation in all club activities; 
    • Never use abusive or vulgar language, or make racial, ethnic or gender-related slurs or derogatory comments at club-hosted events;
    • Never make unwanted sexual or physical contact with other members. Members found to be listed on a sex offender registry, convicted of a sex crime, or caught having, creative, or distributed child pornography may be immediately barred from participation in YRC activities;
    • We reserve the right to exclude someone from participation if their behavior at YRC events is in any way threatening to our members' safety and well being;
    • Abide by race or event rules and engage in fair competition, which includes anti-doping compliance, no course cutting, or other means of gaining a competitive advantage that is considered cheating when participating in club races or other races where you may represent the club by wearing a club-branded singlet, shirt, uniform, etc. 
• Be Safe
  •  Follow the instructions and expectations set by your run captain, pacers and sweepers; abide by traffic rules and signals, and keep an eye out for yourself and your fellow community members.
• Community Matters Most
  •  The concept of the community is based on working together. Participants will gain the most from the community by actively participating and communicating effectively. As such, we encourage collaboration and communication as long as they are conducted in a positive and constructive way. This list is not exhaustive or complete. Please use your own judgment on proper behavior and contribute to a productive and pleasant community experience. 
• How to Report Inappropriate Behavior
  • If a community participant engages in harassing behavior, the YRC Board Members may take any action they consider appropriate, including expulsion from the community. If a situation requires immediate attention and a YRC Board Member is not present, YRC Volunteer Staff present are empowered to inform the Board via our Full Leadership Communication Channel, ask the community participant in question to leave the YRC event immediately, and write & send to the Board via the YRC email a detailed report of the events in question within 24 hours. The Board of Directors would then address the situation as they see fit. Enforcement of this Code of Conduct is a responsibility of the YRC Board of Directors. 
  • If you are being harassed or notice that someone else is being harassed, please inform our YRC Board of Directors immediately by contacting yinzrunclub@gmail.com or anonymously via our Community Safety Referral Form found in the bio of our instagram. 
  • We expect participants to aide by these rules at all community-related activities. Thank you for your cooperation.  

GENERAL TERMS & WAIVER 

As lawful consideration for being permitted to participate in Yinz Run Club (hereinafter referred to as "YRC") Activities for the calendar year (January 1 through December 31) of 2024, you agree to all the terms and waiver (the “Agreement and Waiver”) set forth below. For the purposes of this Agreement and Waiver, “Club Partners” shall refer to YRC and their affiliates, subsidiaries, and all of the respective officers, directors, employees, organizers, volunteers, and agents thereof, and Activity sponsors, volunteers, contractors, subcontractors and their employees, representatives, agents and heirs. 

You agree to abide by any decision of the Club Partners relative to any aspect of your participation in the Activities, including the right of the Club Partners to deny or suspend your participation in the Activities for any reason whatsoever. You attest that you have read all applicable rules of the Activities including this Agreement and Waiver and agree to abide by them. You assume all risks to you associated with participating in the Activities, including but not limited to: falls, contact with other participants or pedestrians, the effects of the weather, including high heat and/or humidity or extreme cold, traffic and the conditions of the road or trail, with all such risks being known or unknown and appreciated by you when out running on your own without any type of support from local officials or Club Partners.

1. Authority to Register and/or to Act as Agent. 

You represent and warrant to the Club Partners that you have full legal authority to complete this Activity registration on behalf of yourself and/or any party you are registering (the "Registered Parties"). If you are registering a child under the age of 13 or an incapacitated adult, you represent and warrant that you are the parent or legal guardian of that party and have the legal authority to enter into this Agreement on their behalf and agree that all sections of this Agreement and Waiver shall apply equally to all Registered Parties as if the Registered Party were completing this Activity registration. For the avoidance of doubt, references to “you” or “your” apply to Registered Parties. If you are under the age of 18 or the age of majority in the jurisdiction in which you reside, you represent and warrant that your parent or legal guardian on your behalf agrees to this Agreement and Waiver and consents to the collection of your personal information which you provide for the purposes of registration. 

2. Waiver. 

YOU ARE VOLUNTARILY PARTICIPATING IN CLUB ACTIVITIES AND UNDERSTAND THAT PARTICIPATION IN THE EVENT IS POTENTIALLY HAZARDOUS, AND THAT A REGISTERED PARTY SHOULD NOT PARTICIPATE UNLESS THEY ARE MEDICALLY ABLE AND PROPERLY TRAINED. YOU UNDERSTAND THAT ACTIVITIES MAY BE HELD OVER PUBLIC ROADS, TRAILS, AND FACILITIES OPEN TO THE PUBLIC DURING THE ACTIVITIES AND UPON WHICH HAZARDS ARE TO BE EXPECTED. PARTICIPATION CARRIES WITH IT CERTAIN INHERENT RISKS THAT CANNOT BE ELIMINATED COMPLETELY RANGING FROM MINOR INJURIES TO CATASTROPHIC INJURIES INCLUDING DEATH. YOU UNDERSTAND AND AGREE THAT IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE EVENT, YOU AND/OR ANY REGISTERED PARTY, THE HEIRS, PERSONAL REPRESENTATIVES OR ASSIGNS OF YOU AND/OR THE REGISTERED PARTY DO HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE THE CLUB PARTNERS FOR ANY AND ALL LIABILITY FROM ANY AND ALL CLAIMS ARISING FROM PARTICIPATION IN THE EVENT BY YOU OR ANY REGISTERED PARTY. YOU AGREE TO ASSUME YOUR OWN MEDICAL EXPENSES IN THE EVENT OF AN ACCIDENT OR OTHER INJURY RESULTING FROM OR OCCURRING DUE TO YOUR PARTICIPATION IN THE EVENT. 

YOU FULLY UNDERSTAND YOU ARE FOREVER GIVING UP IN ADVANCE ANY RIGHT TO SUE OR MAKE ANY CLAIM AGAINST THE CLUB PARTNERS IF YOU SUFFER SUCH INJURIES AND DAMAGES EVEN THOUGH YOU DO NOT KNOW WHAT OR HOW EXTENSIVE THOSE INJURIES AND DAMAGES MIGHT BE AND ARE VOLUNTARILY ASSUMING THE RISK OF SUCH INJURIES AND DAMAGE. 

3. Limitation of Liability; Disclaimer of Warranties. 

THE CLUB PARTNERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (A) RESULTING FROM THE EVENT OR YOUR PARTICIPATION IN THE ACTIVITIES; (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (C) FOR ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO WITH OR THROUGH THE RACE PARTIES; 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 THE CLUB PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT ENTERING INTO THE ACTIVITIES IS BY YOUR OWN FREE WILL AND AT YOUR SOLE RISK. YOU AGREE THAT YOU WILL NOT PARTICIPATE IN THE ACTIVITIES UNLESS YOU ARE HEALTHY, MEDICALLY ABLE AND PROPERLY TRAINED. THE RACE PARTIES 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. 

4. Indemnification. 

You agree to indemnify and hold each of the Club Partners harmless from and against any and all damages, costs, claims or demands, including reasonable attorneys' fees, made by you or any third party due to, arising from or relating to your participation in the Activities or the violation by you of any term of this Agreement and Waiver.

5. Severability. 

You further expressly agree that this Agreement and Waiver is intended to be as broad and inclusive as is permitted by the law of the Commonwealth of Pennsylvania and that if any provision of this Agreement and Waiver shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and Waiver and shall not affect the validity and enforceability of any remaining provisions. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the Agreement and Waiver.

6. Individual Registrant 

BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND WAIVER, YOU ARE AFFIRMING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND WAIVER AND FULLY UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE SIGNING THE AGREEMENT AND WAIVER FREELY AND VOLUNTARILY AND INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. 

7. Multiple Registrants 

BY INDICATING ACCEPTANCE OF THIS AGREEMENT AND WAIVER, ALL REGISTRANTS IN THIS TRANSACTION ARE AFFIRMING THEY HAVE READ AND UNDERSTAND THIS AGREEMENT AND WAIVER AND FULLY UNDERSTAND ITS TERMS. ALL REGISTRANTS UNDERSTAND THAT THEY ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. ALL REGISTRANTS ACKNOWLEDGE THAT THEY ARE SIGNING THE AGREEMENT AND WAIVER FREELY AND VOLUNTARILY AND INTEND BY THEIR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. 

8. Photo Video Release 

By participating in the Activities, you will be taking part in activities where photography, audio, and video recording may occur. By registering for the Activities, you consent to photography, audio recording, video recording and its/their release, publication, exhibition, or reproduction to be used for news, web casts, promotional purposes, telecasts, advertising, inclusion on websites, social media, or any other purpose by the Club Partners, their affiliates and representatives. You permit, authorize, grant, and license to Club Partners the right to use your name, image, likeness, appearance, and voice, and all materials created by or on behalf of the Club Partners that incorporate any of the foregoing (the “Materials”) in perpetuity throughout the world in any medium whatsoever without further consent from or royalty, payment, or other compensation to you. In the event that you are registering a minor, you represent that you are the parent or legal guardian of the minor and permit, authorize, grant, and license to Club Partners the right to use the minor’s name, image, likeness, appearance, and voice in all Materials in perpetuity throughout the world in any medium whatsoever without further consent from or royalty, payment, or other compensation to you or the minor. Club Partners shall be exclusive owner of all rights in the Materials, including copyright. Images, photos and/or videos may be used to promote similar Activities in the future. You release the Club Partners including its officers and employees and each and all persons involved from any liability connected with the taking, recording, digitizing, or publication and use of interviews, photographs, computer images, video and/or or sound recordings. By participating in the Activities you waive all rights you may have to any claims for payment or royalties in connection with any use, exhibition, streaming, web casting, televising, or other publication of these materials, regardless of the purpose or sponsoring of such use, exhibiting, broadcasting, web casting, or other publication irrespective of whether a fee for admission or sponsorship is charged. You also waive any right to inspect or approve any photo, video, or audio recording taken by the Club Partners or the person or entity designated to do so by the Club Partners. You have been fully informed of your consent, waiver of liability, and release before participating in these Activities. 

Privacy Notice: 

I agree that my personal information collected through my participation in the Activities will be processed by Club Partners for the purposes of operating the Activities or in connection with the Activities.