RYPE Participant Waiver
WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK ANDINDEMNITY AGREEMENT IN CONSIDERATION of Realizing YourPotential Everyday (“RYPE”) allowing me to participate in any RYPEtraining session, clinic or event (the “Event” or “Events”); I, for myself, andon behalf of my spouse, children, parents, guardians, heirs and next of kin,and any legal and personal representatives, executors, administrators,successors and assigns, hereby agree to and make the followingcontractual representations pursuant to this Waiver and Release of Liability,Assumption of Risk and Indemnity Agreement (the “Agreement”).
1. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Event.
2. I understand and acknowledge the physical and mental rigors associated with triathlon training or other multi-sport events, and realize that running, bicycling, swimming and other portions of such Events are inherently dangerous and represent an extreme test of a person’s physical and mental limits. I understand that participation involves risks and dangers which include, without limitation, the potential for serious bodily injury, sickness and disease, permanent disability, paralysis and loss of life; loss of or damage to equipment/property; exposure to extreme conditions and circumstances; accidents, contact or collision with other participants, spectators, vehicles or other natural or manmade objects; dangers arising from adverse weather conditions; imperfect course conditions; water, road and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of RYPE; and other undefined risks and dangers which may not be readily foreseeable or are presently unknown (“Risks”). I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others participating in the Event or mentoring the Event, or the acts, inaction or negligence of the Released Parties defined below, and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I incur as a result of my participation in the Event.
3. I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: RYPE, RYPE Board Members, Mentors, other Members, Sponsors, Venues and Property Owners upon which the Event takes place, and each of their respective parents, subsidiaries, officers, directors, partners, shareholders, members, agents, employees and volunteers (Individually and Collectively, the “Released Parties”), with respect to any past, present or future liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and reasonable attorneys fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate to my participation in the Event, including claims for Liability caused in whole or in part by the negligence of the Released Parties. I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liability which any may be incurred as the result of such claim.
4. Participants involved in any activities offered by RYPE may bephotographed or videotaped during training. I understand thesephotographs and/or videos are property of RYPE. The undersigned herebyconsents to the use of these photographs and/or videos withoutcompensation, on the RYPE website or in any editorial, promotional oradvertising material produced and/or published by RYPE.
6. All matters contained within this waiver shall be governed by and construed in accordance with the substantive laws of the State of North Carolina. I hereby warrant that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it (including the rights of the minor, my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have signed this Agreement freely and voluntarily, without any inducement, assurance or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart fromthis Agreement. If any provision of this Agreement is held to be unlawful,void, or for any reason unenforceable, then that provision shall be deemedseverable from this Agreement and shall not affect the validity andenforceability of any remaining provisions.
I agree to the terms of the Waiver and Release of Liability
Text messages from RYPE
RYPE would like to send text messages to you regarding important event updates, including training cancellations due to weather, or reminders. We anticipate a minimal number of messages a month. Message and data rates may apply. You can reply STOP at any time to unsubscribe. We take privacy seriously and will never share your information with other organizations.
I agree to receive text messages from RYPE
Transfer and Refund Policy
Registration entries are non-transferable between years and individuals. No exceptions will be made! If you are unable to participate for any reason, you will not be able to request a refund. RYPE is a non-profit organization and our cost is incurred at the time of registration; therefore we can’t make any exceptions.
I agree to the terms of the Transfer and Refund Policy
Terms and Conditions
A. General Guidelines
i. Realizing Your Potential Everyday ("RYPE") is a North Carolina non-profit corporation and charitable institution. Its intellectual property ("IP") is one of RYPE’s most valuable assets and may only be used in a manner that furthers RYPE's mission. It is the responsibility of all RYPE employees, members, officers, directors, participants, resellers/distributors and others involved with the development, adoption, publication, use and/or distribution of RYPE’s IP (collectively "Users") to ensure RYPE IP is used in accordance with its policies.
ii. RYPE has registered a certain Mark, the "Realizing Your Potential Everyday" logo (referred to as the "Logo"). This Policy sets forth the terms and conditions for the appropriate and permitted uses of the Logo. Use of the Logo is expressly subject to and conditioned on the User's acceptance of these terms. RYPE may use its Logo (or grant others permission to use its Logo) in any way it sees fit.
iii. Users of RYPE's Logo agree and acknowledge that the Logo is the sole and exclusive property of RYPE.
iv. As a general rule, third parties may not use the RYPE Logo without prior written permission. Any users of the Logo outside of RYPE shall first enter into the RYPE Limited License Agreement, or an agreement acceptable to the National Board.
v. RYPE permits, only as set forth below, the use of its trademarked Logo "as is" and makes no warranties, representations or statements, express or implied, with respect to the Logo. The Logo may not be used to disparage RYPE or its members. RYPE will not be responsible for any loss or damages of any kind whatsoever sustained by any party, however caused, in regards to use of the Logos. Use of RYPE's Logos is subject to and conditioned upon Users acceptance of this Policy.
vi. Users may scale/resize the Logos to suit their needs, but may not change color or design or alter the graphics in any way and may not combine with any other graphic. In every use, the integrity of the Logo must be preserved. The Logo is fixed in terms of appearance. The words “Realizing Your Potential Everyday” are part of the Logo and may not be removed for any reason. The symbol ® is part of the Logo and may not be removed for any reason. The Logo must never be reconstructed, redrawn or modified and must always be reproduced from a master original which can be obtained from RYPE. You are not permitted to use the downloadable low resolution RYPE Logo in any printed document or other print material.
vii. To request permission to use the Logo, contact: Michelle@RYPE.org. All requests to use the Logo must be approved by the RYPE Board of Directors.
B. Linking to RYPE's Internet Homepage.
i. Users may, without written permission, use the Logo to denote an electronic link to RYPE website — www.rurype.org, or its subpages (“Website”). Links from websites that, in RYPE's sole discretion, could be construed as distasteful or offensive, obscene, defamatory, libelous, misleading, or which are being used for illegal purposes, are not permitted.
ii. Any link established must transfer the viewer directly to the Website, to enable viewing of the site as posted by RYPE, without the imposition of any frames, browser windows or third-party content.
iii. Use of the Logo, or linking to the Website, is at the User's sole risk. RYPE provides this access "as is" and disclaims any warranties, express or implied (including but not limited to the implied warranties of merchantability or fitness for a particular purpose).
C. Use of Logos by the Media.
Accredited news media, upon request to RYPE, may be permitted to use the Logos in articles and materials about RYPE, its members, standards, services and mission, solely for the purposes of referring to RYPE. RYPE, in its sole discretion, may deny any such use.
D. Co-Sponsored Events and Publications.
Events, publications, etc., which are co-sponsored by RYPE, may use the Logos on their website and printed materials in conformity with the terms and conditions of this Policy. Any such materials or Logo use must be approved in advance by RYPE.
Upon notice by RYPE, Users agree to immediately cease any and all further use of the Logos.
F. Use of RYPE Letterhead and Titles
i. Members of RYPE committees, sub-committees and directors must exercise care and good judgment in use of RYPE letterheads, envelopes and official titles/designations.
ii. RYPE letterhead, envelopes and titles may only be used for RYPE business and purposes, not for personal business.
iii. A letter (including electronic communications such as e mail) written on RYPE stationary or for official RYPE purposes should not contain personal comments and/or opinions of the writer. If unavoidable, the letter must clearly distinguish personal comments and opinions from official positions of RYPE based on RYPE Bylaws, RYPE policies, rules, regulations and procedures.
iv. Officers and Directors, committees and sub-committees must refrain from using official RYPE titles when expressing personal views or comments.
i. Use of RYPE's Mark shall create no rights for Users in the Mark (including the Logos) or their use beyond the terms and conditions of any written agreement relating to such use. The Mark shall remain at all times the sole and exclusive intellectual property of RYPE. RYPE shall have the right, from time to time, to request samples of use of the Logo from which it may determine compliance with these terms and conditions. Without further notice, RYPE reserves the right to prohibit use of the Mark/Logo if it determines, in its sole discretion, that a User's usage, whether willful or negligent, is not in strict compliance with this Policy, otherwise is not in the best interest of RYPE, the User is not a RYPE member in good standing or for any reason whatsoever.
ii. RYPE reserves the right to alter, amend or terminate this Policy at any time and without notice to the User. The User agrees to abide by any such changes or amendments.
iii. The interpretation and enforcement of the terms and conditions herein, and any compliance therewith, shall be made by RYPE in its sole discretion.
Realizing Your Potential Everyday (“RYPE”) is dedicated to inspiring women to participate in multi-sport activities and thereby to lead a healthier life. Training is oriented towards completing a triathlon. RYPE does not and shall not discriminate on the basis of race, color, religion or creed, age, national origin or ancestry, sexual orientation, marital or parental status, or military status in any of its activities or operations, including, but not limited to hiring and firing of employees, selection of volunteers and vendors, and provision of services.
Anyone who identifies as a woman may become a member and participate in all training and other activities. Persons with disabilities or limitations may also become a member and participate in all training and activities, but need to provide their own accommodations, i.e. American Sign-Language interpreter, modified bike, etc. All participants are encouraged to consult a doctor about personal health concerns or restrictions.
RYPE is an equal opportunity employer. We will not discriminate and will take affirmative action measures to ensure against discrimination in employment, recruitment, advertisements for employment, compensation, termination, upgrading, promotions and other conditions of employment against any employee or job applicant on the bases of race, color, religion or creed, gender, gender expression, age, national origin or ancestry, disability, sexual orientation, marital or parental status, or military status.
What Personally Identifiable Information is Collected From the Website
RYPE members and other website visitors that register to use https://rurype.org/ by clicking on the interested athlete or mentor links, volunteer link or donation link, voluntarily provide us with contact information (such as name and e-mail address). We use this information internally for contacting visitors with respect to their interest in the training program as athletes and mentors, for volunteer opportunities or sponsorship.
Registered Member Personal Information
When RYPE members’ application is accepted to be an athlete or mentor, we collect certain personal information (email, phone number, address, etc., collectively, the “Registered Member Personal Information” as part of the application process. The use of this Member Personal Information is discussed below.
Credit Card Account Information
RYPE utilizes secure transaction methods (SSL) when collecting credit card information over the internet. RYPE does not disclose to third parties credit card account information provided by its members and does not retain credit card information.
How Your Registered Member Personal Information May Be Used
We use your Registered Member Personal Information to provide you with personalized service: to send e-mail alerts to you, create personal access to our internal member website, to answer your requests and to process your membership application.
We send an electronic newsletter through email on a regular basis to our members. The newsletters are sent to your registered email address. We are conscious of keeping the number of electronic communications at a minimum, which includes the weekly newsletter and urgent updates on the weather or training changes.
Listservs, Calendar and Forums
RYPE members are encouraged to join our discussion forums as a way to communicate with mentors and athletes and use the calendar to sign up for RYPE events. Participation is optional and is restricted to current RYPE members on the members’ only internal website. Upon registration, you will be signed up and you will provide your own password. You are responsible for maintaining the secrecy of your unique password and account information at all times. Users of listservs and forums agree to use these for lawful purposes and are prohibited from posting any unlawful, harmful, threatening, abusive, harassing, defamatory or obscene material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
Survey and Polls
From time to time, we may offer surveys and/or interactive polls to users so they can share their opinions with others members, see what our users think about important issues or to improve our training program. Participation in the surveys and/or polls is optional. Opinions and responses are anonymous and not identifiable to any particular member unless clearly noted otherwise.
RYPE has Facebook, Instagram, and Twitter accounts. Interaction with these social media outlets is voluntary. All information will be public as those social media outlets are not closed. Users of RYPE related social media agree to use these for lawful purposes and are prohibited from posting any unlawful, harmful, threatening, abusive, harassing, defamatory or obscene material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
Third-Parties, Sponsorship and Grant Opportunities; Opt Out
As a general matter, we do not share your personal information with others, except in the following limited circumstances.
(1) We may share aggregated demographic information or certain collected Member Personal Information on an aggregate, but not an individual basis with certain sponsors and grant programs in an effort to fundraise for RYPE. As a nonprofit, RYPE does NOT knowingly share your personal information with third parties for their direct marketing uses. If you would like to opt out of the sponsorship and grant opportunities dissemination of information, please contact firstname.lastname@example.org. We will process your request as soon as practicable after our receipt thereof, and send confirmation.
(2) We may employ outside contractors, vendors and service providers to perform services for us or for the website, and may share your personal information with such contractors, vendors and service providers to the extent necessary for them to perform such services. For example, if you make a donation to us or register using your credit card, our credit card processing vendors will be given access to your credit card and other personal information for purposes of processing your donation and registration fee. As another example, our website service providers may be given access to your personal information as necessary to perform support or maintenance for the operation of the RYPE website, such as data backup and storage. We require that our contractors, vendors and service providers limit their use of our users’ personal information solely to the purposes for which it was disclosed by us, and that they maintain the confidentiality, security and integrity of such information and not make any further disclosure to others.
RYPE understands the importance of protecting the security and integrity of personal information that our members have shared with us. Unfortunately, no data transmission over the internet and no data storage can be 100% secure. Consequently, while we will endeavor to safeguard your personal information against unauthorized access and disclosure, we do not warrant or guarantee the security of any information you transmit to, from or on the RYPE website. We will notify you as soon as reasonable in the event we become aware of a breach or suspected breach of the security of your personal information stored by us or sent to a vendor by us.
Changes and Updates
Parental Waiver for Teenagers
Parental Consent (required if the participant is less than 18 years of age) As the Parent and/or Legal Guardian to the minor identified above, I hereby accept and agree to all of the terms and conditions of this Agreement on behalf of the minor in connection with the minor’s participation in the Event(s). If, despite this Agreement, I, or anyone on the minor’s behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liabilities which any may be incurred as the result of such claim.
By completing this registration, I acknowledge that:
1. I am registering for Realizing Your Potential Everyday (RYPE). Trainings take place primarily in the Uptown & Huntersville areas.
2. Registrations are non-refundable/non-transferable.
3. Registration for Ramblin’ Rose and/or Rev3 is a separate registration, completed through their web page.
I agree to the terms of the Agreement Statements