1. I understand that the “MUDCROSS
CHALLENGE” event (“Event”) is an inherently dangerous activity that presents
extreme obstacles, including, but not limited to, fire, mud pits, barbed wire,
cargo nets, junk cars, heights, climbing, jumping into water, water crossings,
swimming, steep hills and/or uneven terrain.
2. I understand that participating in
the Event involves the risk of severe physical injury and/or death that cannot
be completely eliminated.
3. I voluntarily, knowingly and
freely assume all risks associated with competing in the Event, including, but
not limited to, my own actions or inactions, the actions or inactions of others
(including participants, spectators and sponsors), falls, injuries, illnesses,
infections, contact with others, completing any and all obstacles, premises
defects and the effects of weather, including, but not limited to, heat and/or
humidity.
4. I understand, agree and accept
that some of the obstacles may go through water that has not been tested for
chemicals, disease or contamination.
5. I understand that the Event course
may contain wild animals, insects and plants.
6. I agree not to dive into or enter
any mud pit or water head first, as doing so may cause serious physical injury
and/or death.
7. I certify that I am physically fit
and have no medical condition that would make participation in the Event more
hazardous.
8. If I am pregnant, disabled in any
way or have recently suffered an illness or injury, I should have or did
consult a physician before participating in the Event.
9. I attest that on the date of the
Event I will possess and be covered by medical insurance, individually or as
part of an organization.
10. I consent to medical care and
transportation in order to obtain treatment in the event of injury to me as MUDCROSS
CHALLENGE, volunteers or medical professionals may deem appropriate and
understand that this Waiver extends to any liability arising out of or in any
way connected with such medical treatment and transportation provided in the
event of an emergency and/or injury.
11. I agree to observe and obey all
posted rules and warnings, to follow any instructions or directions given by MUDCROSS
CHALLENGE through its employees, representatives or agents, and to abide by any
decision of any Event official relative to my ability to safely attend and
participate in the Event.
12. I understand and agree that I am
expected to exhibit appropriate behavior and to obey all local, state and
federal civil and criminal laws at all times while participating in or
attending the Event. This includes, generally, respect for all people,
equipment, facilities or property. MUDCROSS CHALLENGE may dismiss me, without
refund, should my behavior endanger the safety of or negatively affect the
Event, person, facility or property and I agree to indemnify the Sponsors from
any and all third party claims caused in whole or in part by my negligence,
gross negligence or intentional acts or omissions.
13. I agree not to consume alcohol
prior to the Event or use any medicine or substance that will inhibit my mental
or physical ability to safely participate in the Event. I also agree that if I
consume alcohol at the Event, I shall do so at the end of the Event,
responsibly and only if I am over the minimum legal drinking age.
14. I agree that MUDCROSS CHALLENGE is
not responsible for any personal item or property that is lost, damaged or
stolen at the Event.
15. I understand that pets, wheeled
baby conveyances or other wheeled means of conveyance are NOT permitted on the
Event course, nor are the use of ipods or similar devices permitted.
16. I consent to the use of my image
in photographs, motion pictures or recordings taken at the Event for use in
Event advertising, marketing or promotion.
17. I assign all rights, title, and
interest in any and all photographs, motion pictures, recordings or other
records of the Event I may take or capture to MUDCROSS CHALLENGE. MUDCROSS
CHALLENGE grants to me a limited, non-exclusive, perpetual right and license to
use, for non-commercial purposes only, any and all photographs, motion
pictures, recordings, or other records of the Event I may take or capture.
18. I agree that all entry fee
payments are final and non-refundable.
19. I agree that MUDCROSS CHALLENGE
reserves the right to cancel the Event in the event of weather (including, but
not limited to, heat, tornadoes, earthquakes, fires, storms, lightning and
floods), accidents, acts of war or terrorism, military conflicts or riots or
for any reason that, in MUDCROSS CHALLENGE’s discretion, will protect the
safety and security of Event participants and spectators. In the event of such
cancellation, there will be no refund of my registration fee.
20. I agree that this Waiver is
intended to be as broad and inclusive as permitted by the laws of the State of
Illinois, and that if any portion is held invalid, the balance shall continue
in full legal force and effect.
21. I understand and acknowledge that
the laws of the State of Illinois shall apply to all matters relating to this
Waiver regardless of the Event location, that the exclusive jurisdiction for
any dispute with the Sponsors resides in state or federal court and I expressly
consent to the exercise of personal jurisdiction in the State of Illinois in
connection with any dispute with the Sponsors arising from my Event attendance
or participation.
I recognize, acknowledge and
understand that there are inherent risks of severe physical injury and/or death
when participating in the Event. I am
solely responsible for determining if I am (or my minor child/ward is)
physically fit and sufficiently skilled for the Event. I freely and voluntarily
agree to assume the full risk of any and all injuries liabilities, damages,
costs or losses, regardless of severity, that I (or my child) may sustain as a
result of participating in the Event. I release, waive, discharge, absolve,
indemnify, agree to hold harmless and covenant not to sue the Releases for any
claim arising out of any injury to me (or my child) and from any and all
claims, causes of action, obligations, lawsuits, charges, complaints,
controversies, damages, , costs or expenses of any kind, nature, or
description, whether direct or indirect, in law or in equity, in contract or in
tort, or otherwise, whether known or unknown, arising out of or connected with
my (or my child’s) attendance at and participation in the Event, whether or not
caused by the Sponsors’ negligence or gross negligence.