PARTICIPANT WAIVER AND RELEASE OF LIABILITY, ASSUMPTION
OF RISK AND INDEMNITY AGREEMENT - MUDDY WARRIORS, LLC.
In consideration of being
permitted to participate in a Muddy Warriors Xperience event located at Paramount Ranch, Aguora Hills, CA (herein after “Event”), I hereby agree as follows; I,
for myself, and on 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 following
contractual representations pursuant to this Waiver and Release of Liability,
Assumption of Risk and Indemnity Agreement (the “Agreement”);
1. I hereby represent that (i)
I am in good health and in proper physical condition to participate in the
Event either as an individual or as a member of a team; and (ii) I am not under
the influence of alcohol or any illicit or prescription drugs which would in
any way impair my ability to safely participate in the Event. 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 MUDDY WARRIORS EVENT,
AND REALIZE THAT OBSTACLES, AND RUNNING PORTIONS OF THIS EVENT IS 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, PERMANENT
DISABILITY,PARALYSIS AND DEATH; LOSS OR DAMAGE TO PROPERTY; EXPOSURE TO EXTREME
CONDITIONS AND CIRCUMSTANCES; ACCIDENTS, ILLNESS, 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 THE EVENT ORGANIZERS; AND OTHER UNDEFINED HARM OR DAMAGE WHICH MAY NOT BE
READILY FORESEEABLE, AND OTHER PRESENTLY UNKNOWN RISKS AND DANGERS (“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 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 accept sole
responsibility for my own conduct and actions while participating in the Event,
and the condition and adequacy of my equipment, such as clothing and sneakers,
and further acknowledge that these items will get dirty and may at the end of
the event be in such a state as not to be used again and hold harmless the
event for any items needing replacement.
4. I grant to the released parties, the right,
permission, and authority to use my name, voice, picture, or photograph, in any
broadcast, telecast, commercial advertisement, promotion, or other account from
the Event, I further grant the released parties the right to photograph and/or
videotape me or my child and further to use my or my child’s, face, likeness,
voice and appearance in connection with exhibitions, publicity, advertising and
promotional materials without reservation or limitation and I WAIVE any rights
to future compensation to which I might otherwise have been entitled for such
use.
5. I ACKNOWLEDGE THAT BY
SIGNING THIS DOCUMENT, I HERERBY RELEASE, WAIVE AND COVENANT NOT TO SUE, AND
FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE FOLLOWING PARTIES
MUDDY WARRIORS, LLC, AND ANY PARTIES
PRESENT AND/OR AFFILIATED AND ASSISTING MUDDY WARRIORS IN THE EVENT COORDIANTION,
THE EVENT ORGANIZERS AND PROMOTERS,
AGENTS, EMPLOYEES, CONTRACTORS AND VOLUNTEERS HIRED OR USED BY THE
ORGANIZERS, INSURERS, OTHER PARTICIPANTS AND REPRESENTATIVES OF ALL OF THE ABOVE,
AND EACH OF THEIR RESPECTIVE PARENT, SUBSIDIARY AND AFFILIATED COMPANIES,
OFFICERS, DIRECTORS, PARTNERS, SHAREHOLDERS, MEMBERS, AGENTS, EMPLOYEES AND
VOLUNTEERS (INDIVIDUALLY AND COLLECTIVELY, THE “RELEASED PARTIES” OR “EVENT
ORGANIZERS”), WITH RESPECT TO ANY 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 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.
I HEREBY WARRANT THAT I HAVE
READ THIS AGREEMENT CAREFULLY, UNDERSTAND ITS TERMS AND CONDITIONS, ACKNOWLEDGE
THAT I WIL
L 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 FROM THIS AGREEMENT. IF ANY PROVISION OF THIS AGREEMENT IS
HELD TO BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE, THEN
THAT PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND SHALL NOT
AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS.
