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REEBOK SPARTAN RACE SERIES
WAIVER, RELEASE OF LIABILITY, COVENANT NOT TO SUE & IMAGE RELEASE  

In consideration of my (“I”, “my” or “myself”) and/or on behalf of my child/ward’s (each a “Ward”) participation as a competitor, volunteer (or other staff member) and/or spectator (any of the foregoing, a “Participant”) in a Spartan Race, Spartan Kids’ Race, Spartan workout or other Spartan-owned, operated, licensed or sponsored event(s) (any of the foregoing and any ancillary events/activities/operations related thereto, an “Event”), I, on behalf of myself and Ward, acknowledge, accept and agree the following:  

(1) The risk of serious injury and/or death from the activities involved participating in any Event, as a Participant, is significant and may include, without limitation, the following: (i) drowning; (ii) near-drowning; (iii) sprains; (iv) strains; (v) fractures; (vi) heat and cold injuries, including burns, heat-related illness and hypothermia; (vii) over-use syndrome; (viii) injuries involving the acts or omissions of other Event participants or 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, falling from heights; (xii) heart attack; (xiii) diseases from exposure to fecal contaminated water or slurry; (xiv) permanent paralysis; and/or (xv) death. While particular rules, equipment and/or personal discipline may reduce this risk, the risk of serious injury and/or death does exist.  
 
(2) AFTER OPPORTUNITY TO FULLY INFORM MYSELF ABOUT AN EVENT, ON BEHALF OF MYSELF AND MY WARD, I (undersigned) KNOWINGLY, VOLUNTARILY AND FREELY ASSUME AND ACCEPT ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OR ACT OR OMISSIONS OF THE RELEASEES, as hereinafter defined, or others, and assume full responsibility and all risks for myself and/or my Ward’s participation in the Event.  
 
(3) I knowingly and voluntarily agree to comply with any stated customary terms and conditions (which have been made available to me) for Participant’s participation in an Event. If, however, I observe an unusual and/or significant hazard during my presence at the Event, I will remove myself or my Ward from participation and bring such hazard to the attention of the nearest Event official.  
 
(4) To the fullest extent permissible by applicable law, I, on behalf of myself, and/or my Ward (if applicable), and our respective heirs, assigns, spouses, partners, personal representatives and/or next of kin, forever WAIVE, RELEASE, DISCHARGE and COVENANT NOT TO SUE SPARTAN RACE, INC., REEBOK INTERNATIONAL LTD., REEBOK INTERNATIONAL LIMITED, NBC SPORTS VENTURES, LLC AND THE APPLICABLE VENUE OWNER(S) OR OPERATOR(S) and their respective owners, officers, directors, employees, contractors, representatives,  agents and affiliates and, as applicable, any direct or indirect parent or subsidiary, predecessor, successor, heir, assign, media partners, associated charity, sponsor or medical providers of any of the foregoing (collectively, the “Releasees”) WITH RESPECT TO ANY SUITS, CLAIMS, OR LOSS AND ALL INJURY, DISABILITY, DEATH, AND/OR LOSS OR DAMAGE TO PERSON OR PROPERTY, IN CONNECTION WITH MY OR MY WARD’S PARTICIPATION IN THE EVENT, WHETHER ARISING FROM THE NEGLIGENCE OR WILLFUL CONDUCT OF THE RELEASEES OR OTHERWISE. I further agree to indemnify, defend and hold harmless Releasees from any loss liability, cost, claim and/or damages arising from Participant’s participation in or association with the Event, including, but not limited to, reasonable attorney’s fees.  
 
(5) I, on behalf of myself, and/or my Ward, attest and verify that: (i) unless indicated below, I am over 18 years of age and am legally signing on behalf of myself or, if applicable, Ward; (ii) Participant is free from all illnesses, injuries and defects that could interfere with his/her safe participation in an Event; (iii) Participant is physically fit and sufficiently trained to participate in all activities associated with the Event; and (iv) on the date of the Event, Participant will possess and be covered by medical/health insurance, individually or as part of an organization. I acknowledge that Participant, and I, as Ward’s parent/ legal guardian (if applicable), am aware and informed of the inherent risks in participating in the Event and that Participant’s participation in an Event is entirely voluntary.
 
(6) I, on behalf of myself, and/or my Ward, consent to administration of first aid and other medical treatment in the event of injury or illness to Participant in connection with participation in the Event and hereby release and indemnify Releasees from any and all liability or claims arising out of such treatment. Furthermore, I understand that Spartan Race, Inc. has contracted with Global Rescue LLC or other similar providers to provide me or my Ward with certain medical, advisory, and/or transport services in the event of an injury or illness during the Event that may require hospitalization. In such circumstances, any relationship (whether contractual or not) shall be between such provider and Participant. The Releasees shall have no further liability in connection with such services.
 
(7) The Releasees reserve the right, in their sole determination, to postpone, cancel, or modify the Event due to weather conditions or other factors beyond the control of the Releasees that might affect the health and/or safety of Participants. Spartan Race, Inc. will not be obligated to refund any Participant any registration fees due to a cancelled Event.
 
(8) I, on behalf of myself, and, if applicable, my Ward, irrevocably grant unlimited permission to Releasees to use, reproduce, sell, disseminate and distribute any and all photographs, images, videotapes, motion pictures, recordings, or any other depiction of any kind of Participant or my or Ward’s participation in an Event or related activity for any legitimate purpose in perpetuity and I understand that Participant will not be entitled to any compensation in connection therewith.  I further hereby irrevocably and absolutely grant permission to the Releasees to film, videotape and record the performance of the Participant 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 rights to Releasees, without compensation of any kind to Participant, to use, reproduce or broadcast, Participant’s name, nickname, image, likeness, voice, photograph, signature facsimile, and biographical information in connection with the Event. I acknowledge that Releasees shall have unlimited right throughout the world to copyright, use, reuse, publish, republish, broadcast and otherwise distribute depictions of or information about Participant and all or any portion of the Event in which Participant 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 hereafter devised in perpetuity and without compensation to Participant. In consideration and in return for being allowed to participate in the Event, Participant releases and agrees not to sue the Releasees from all present and future claims regarding Participant’s participation in events organized by the Releasees, including the Event, by Participant and his/her heirs, assigns, spouses, partners, personal representatives and/or next of kin.  
 
(9) If any of the provisions of this Waiver, Release of Liability, Covenant Not To Sue & Image Release (“Waiver”) shall be deemed by a court of competent jurisdiction invalid or unenforceable in any respect, then, to the fullest extent permitted by applicable law, all other provisions hereof shall remain in full force and effect.  
 
I HAVE READ AND FULLY UNDERSTAND THIS WAIVER. I UNDERSTAND THAT I HAVE GIVEN UP, ON BEHALF OF MYSELF AND MY WARD, SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY.

SUBJECT CONSENT AND RELEASE
 

I (“Undersigned”) hereby irrevocably give this Consent and Release to Spartan Race, Inc. (“Spartan”), having been informed and understand that Spartan is producing, has produced or may produce (or is causing, has caused produced or may cause to be produced) television programs, as well as, additional content, including but not limited to, content for DVDs, motion pictures, promotional materials, marketing campaigns, online marketing materials, websites and advertisements (collectively, the “Content”) and that Undersigned’s name, biographical information, statements, likeness, image, voice, interview, appearance and/or performance (collectively, “Likeness”) has been, is being and/or may be filmed, videotaped, streamed, photographed and/or otherwise recorded for use in such Content. Undersigned expressly consents to the use of Undersigned’s Likeness and such consent extends to past recordings, films, videos, streams and photographs of Undersigned’s Likeness, as well as, to current and future recordings, films, videos, streams and photographs of Undersigned’s Likeness for, by or on behalf of Spartan. In consideration of the above and for other good and valuable consideration, the receipt of which is hereby acknowledged, Undersigned hereby agrees as follows: 

1. Undersigned hereby authorizes Spartan and its owners, officers, directors, employees, independent contractors, representatives, affiliates (including those controlling Spartan and controlled by it), sponsors, partners, distributors, media partners (including NBCUniversal Media, LLC and its affiliates) and licensees and the successors, predecessors, heirs and assigns of any of the foregoing (collectively, the “Covered Entities”), to use, exhibit, display, stream, transmit, broadcast, publish, modify, edit and license, in all languages on a world-wide basis, in perpetuity, in any and all manner and media, now known or hereafter developed, any film/videotape, tape, audio recordings, footage, photographs, negatives, reproductions and/or otherwise of Undersigned’s Likeness taken at any time and used at any time as set forth above, as well as, any personal or other photographs, documents, or other materials (the “Materials”) Undersigned may have provided to Spartan (collectively, the “Recordings and Materials”), in whole or in part, in combination or not with other footage/video, as may be changed, made through and used in any medium whatsoever (now existing or hereinafter created) and in all forms of marketing and advertising, in the past, now or at any time in the future. Undersigned agrees that there shall be no obligation of Spartan to utilize the Recordings and Materials or Likeness provided through the authorization granted by Undersigned hereunder. 

2. Undersigned does further hereby grant, assign and transfer to the Covered Entities all rights of every nature relating to the reproduction and use of the Likeness and the Recordings and Materials, including without limitation, in connection with the commercial exploitation, distribution and/or exhibition and any promotion or advertising of the Content, and hereby waives any rights that Undersigned may have, including any right to inspect or approve the reproduction and use of the Recordings and Materials or Likeness. Undersigned further agrees that any Recordings and Materials created by, for or on behalf of any of the Covered Entities that incorporates Undersigned’s Likeness are owned by the Covered Entities and the Covered Entities have the unlimited right throughout the universe in all languages in perpetuity to modify, edit, copyright and/or reproduce the Recordings and Materials and Likeness. Undersigned also consents to the use of Undersigned’s name in and in connection with the Recordings and Materials. 

3. Undersigned expressly acknowledges that Spartan is not a signatory to the Screen Actors Guild (SAG) or to the American Federation of Radio and Television Artists (AFTRA) collective bargaining agreements, nor any other union or guild agreement, and that any television programs or other productions shall therefore be non-union. The Undersigned represents that he/she is not a member of SAG or AFTRA and understands and agrees that his/her Likeness and/or Recordings and Materials will be used in connection with non-union productions. 

4. Undersigned does hereby expressly release, discharge and waive the Covered Entities from all claims, actions, demands, losses and liabilities of any nature (collectively “Claims”) which may arise from, and covenants not to make any Claims against the Covered Entities as a result of, any and all loss or injury caused by or occurring as a result of the exploitation of the rights granted hereunder, including, but not limited to, claims arising from damages for libel, defamation, infringement of the right of publicity, invasion of privacy, portrayal in a false light, false endorsement, public disclosure of private facts, copyright infringement, unfair competition or any physical injuries. Undersigned waives the benefits of any statute or law that purports to limit the effect of this Consent and Release, and waives the benefit of any provision of law known as “moral rights” or similar laws. 

5. Undersigned acknowledges and agrees that Spartan has the right to assign this Consent and Release to a third party to fully exercise the rights granted hereunder and that such assignee is considered a part of the Covered Entities. 

6. Undersigned understands and agrees that Undersigned will not be paid for participating in the Content or for providing Undersigned’s Likeness or Recordings and Materials. The consideration Undersigned receives in granting this Consent and Release is the opportunity to participate in the Content. Undersigned hereby waives any and all rights Undersigned may have to any compensation hereunder. Undersigned acknowledges that Undersigned is not an employee of Spartan, nor shall Undersigned be entitled to the benefits, if any, provided by Spartan to its employees. 

7. Undersigned shall not in any way disparage Spartan or otherwise say or do anything of a derogatory nature regarding Spartan in any of the Recordings and Materials. 

8. Undersigned understands and agrees that Undersigned will not issue, release, authorize or in any way participate in any publicity, press releases, interviews, advertisements or promotional activities relating to Spartan, any of the Content or any confidential information (collectively, the “Publicity Activities”), other than the Publicity Activities for which Undersigned has given this Consent and Release for use by the Covered Entities. 

9. In no event shall Undersigned be entitled to (a) seek to or obtain injunctive or other equitable relief in connection herewith or with any of the Content (or any rights therein, thereto, or in connection therewith) or any rights granted or agreed to be granted herein, or (b) restrain or otherwise interfere with the development, production, exhibition, promotion, distribution, advertising, and/or other exploitation of the Content, any rights therein, thereto, and/or in connection therewith, or any rights granted or agreed to be granted herein. Undersigned irrevocably waives any right to equitable or injunctive relief. 

10. Undersigned represents and warrants that he/she has the legal right to grant this Consent and Release and that he/she owns or controls all rights in the Materials, and that he/she is unaware of any person whose interests may be adversely affected by use of the Recordings and Materials. This Consent and Release does not conflict in any way with any existing commitments or other representations on Undersigned’s part. Undersigned agrees to execute such further assignments and instruments as may be reasonably necessary to enable the Covered Entities to exercise, perfect and protect the benefits and rights granted in this Consent and Release. Undersigned is providing this Consent and Release voluntarily and of the Undersigned’s own free will. Undersigned has read completely the terms herein and fully understands and accepts them. In the event this Consent and Release conflicts with any prior or future agreement between the Undersigned and Spartan, the terms and conditions of the agreement most favorable to Spartan under the circumstances shall control. 

11. Undersigned hereby represents and warrants that he/she has the authority to grant all of the rights conveyed in this Consent and Release. This Consent and Release shall be binding upon Undersigned’s heirs, executors, administrators, successors and assigns. No handwritten changes to this Consent and Release will be effective. For the avoidance of doubt, blank lines on the form which require information to be filled-in do not constitute “handwritten changes.”
 

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