In consideration of being allowed to participate in any way
in the above referenced Spartan Race competition(s), race(s), related
events (the “Event”) and/or activities, I, the undersigned, acknowledge,
covenant and agree that:
1. The risk of injury and/or
death from the activities involved in the Spartan Race and the Event is
significant including, but not limited to the following: (i) drowning;
(ii) near-drowning; (iii) sprains; (iv) strains; (v) fractures; (vi)
heat and cold injuries; (vii) over-use syndrome; (viii) injuries
involving vehicles; (ix) animal bites and/or
stings; (x) contact with poisonous plants; (xi) accidents involving, but
not limited to paddling, climbing, biking, hiking, skiing, snow
shoeing, travel by boat, truck, car,
or other convenience;(xii) heart attack and (xiii) the potential for
permanent paralysis and/or death. While particular rules, equipment, and
personal discipline may
reduce this risk, the risk of death or serious injury does exist;
2. AFTER OPPORTUNITY TO FULLY INFORM MYSELF ABOUT THE EVENT, I KNOWINGLY AND FREELY ASSUME AND ACCEPT ALL SUCH RISKS,
BOTH KNOWN AND UNKNOWN, and assume full responsibility and all risks for my participation in the Event;
3. I voluntarily agree to comply with the stated and customary
terms and conditions for participation. If, however, I observe any
unusual and/or significant hazard
during my presence or participation, I will remove myself from
participation and bring such hazard to the attention of the nearest
official;
4. I, for myself and on behalf of my heirs, assigns,
personal representatives and/or next of kin, forever WAIVE, RELEASE,
DISCHARGE and COVENANT NOT TO
SUE PEAK.COM, INC., SPARTAN RACE, INC., REEBOK INTERNATIONAL LTD. and
REEBOK INTERNATIONAL LIMITED and their officers,
directors, representatives, officials, principals, agents and/or
employees, subsidiaries, and/or assigns, as well as their independent
contractors, sponsoring agencies,
sponsors, advertisers, volunteers, and if applicable, owners and lessors
of the premises used to conduct the Event (collectively, the
"Releasees"), WITH RESPECT TO
ANY AND ALL INJURY, DISABILITY, DEATH, and/or loss or damage to person
or property, incurred by me in connection with participation in the
Event. I further
agree to indemnify, defend and hold harmless Releasees from any loss,
liability, cost, claim or damages arising from my participation in or
association with activities
and events organized and sponsored by the Spartan Race, Inc.. and/or
Peak.com, Inc. or connected with the Event.
5. I attest and verify that, unless otherwise indicated
below, I am over 18 years of age, am free from all illnesses, injuries
and defects that could interfere with my safe
participation in the Event and that I am physically fit and sufficiently
trained to participate in all activities associated with the Event. My
participation in activities and
events organized or sponsored by Spartan Race, Inc, and Peak.com, Inc.
is entirely voluntary. I further certify and represent that on the date
of the Event I will possess
and be covered by medical/health insurance, individually or as part of
an organization.
6. I consent to administration of first aid and other medical
treatment in the event of injury or illness and hereby release and
indemnify Releasees from any and all
liability or claims arising out of such treatment.
7. The Releasees reserve the right, in their sole and absolute
discretion, to postpone, cancel, or modify the event due to weather
conditions, Acts of God or other factors
beyond the control of the Releasees that might affect the health and/or
safety of the participants. No refunds will be granted.
8. I irrevocably grant unlimited permission to Releasees, to
use, reproduce, sell and distribute any and all photographs, images,
videotapes, motion pictures, recordings,
or any other depiction of any kind of me or of my participation in the
Event or related activity for any legitimate purpose in perpetuity and I
understand that I shall not
be entitled to any compensation therefore.
9. I hereby irrevocably and absolutely grant permission
to the Releasees to film, videotape and record gratis the performance of
the above named participant (referred to
herein as “I”, “me”, “my”) in the Event and subsequently to telecast,
sell, distribute and otherwise utilize the same in whatever manner
Releasees shall deem
appropriate. Such permission shall include granting the unlimited and
irrevocable right to Releasees, without compensation of any kind to me,
to use, reproduce or
broadcast, my name, nickname, image, likeness, voice, photograph,
signature facsimile, and biographical information in connection with the
Event without
compensation of any kind to me. I acknowledge that Releasees and their
representatives shall have the unlimited right throughout the world to
copyright, use, reuse,
publish, republish, broadcast and otherwise distribute depictions of or
information about me and all or any portion of the Event in which I may
appear on any and all
radio, network, cable and local television programs and in any print
materials and in any other format or media (including electronic media)
now known or hereinafter
devised in perpetuity and without compensation to me. In consideration
and in return for being allowed to participate in the Event, I release
and agree not to sue the
Releasees from all present and future claims regarding my participation
in the Events that may be made by me, my family, estate heirs, or
assigns.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS,
UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY
WITHOUT ANY INDUCEMENT.